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Understaffed Jail Not Liable for Suicide by The decedent, arrested for DUI, told the arresting officer and a jail officer that his girlfriend recently hanged herself in another jail and that the other jurisdiction's police force did that to her. He told the admissions officer that if he had to …
Article • May 15, 2007
Filed under: Civil Procedure, Service
FRCP 4 (e) Governs Service on Prison, Jail Employees by The prisoner's complaint was dismissed for failure to serve process, and the district court denied the plaintiff's Rule 60(b) motion to vacate the dismissal on the ground that he had too served process, he had just failed to file proof …
Article • May 15, 2007
Third Circuit Rejects Implied Class Certification by Third Circuit Rejects Implied Class Certification Suit was filed in 1972 and a consent decree entered in 1974. This appeal from denial of a motion to vacate is dismissed as moot because the named plaintiffs moved out of public housing even before the …
Article • May 15, 2007
FBI Waived Timeliness Defense by Not Raising It in Administrative Proceedings by The plaintiff sued alleging employment discrimination under the Rehabilitation Act. His administrative complaint was arguably late, but the agency found that it was timely and did not assert a timeliness defense until after suit was filed. At 74: …
Article • May 15, 2007
Employers Entitled to Discovery on Plaintiffs Mental State by A plaintiff who alleged mental distress in an employment case did not place his mental condition "in controversy" entitling the defendants to a Rule 35 psychiatric examination. At 194: "No specific psychiatric malady has been alleged nor has Bowen asserted a …
ADA, RA Include Private Cause of Action by The Americans with Disabilities Act's incorporation by reference of the rights and remedies of the Rehabilitation Act, which in turn incorporates those of Title VI of the Civil Rights Act of 1964, includes the judicial gloss on those rights and remedies, including …
Article • May 15, 2007
Court Orders Disclosure of Discovery Materials to Media by Newspapers sought to intervene to challenge a confidentiality order governing discovery materials in a suit against the state child welfare agency. The newspapers are allowed permissive intervention; the requirement of a "question of law or fact in common" can be met …
Article • May 15, 2007
No Federal Court Jurisdiction Over Article 78 Claim by A federal court cannot exercise supplemental jurisdiction over an Article 78 proceeding because state statutes specify where such a proceeding shall be brought, i.e., in state Supreme Court in the county specified by statute. (That would seem to suggest that state …
After 34 Years, Alabama Complies With Mental Health Order by In what used to be Wyatt v. Stickeney, the Alabama mental health/mental retardation litigation filed in 1970, the court grants a joint motion for a declaration that the defendants have complied with the most recent settlement agreement and to vacate …
Court Denies Jail Staff Motion to Dismiss in Death Suit by The plaintiff sued over the decedent's death in jail. A nurse, a doctor, and a private medical provider moved for a more definitive (sic) statement, asserting that language in the complaint such as "inter alia" and "is not limited …
County Liable for Miscalculating Detainees Sentence by The plaintiff was denied credit for time served through a record-keeping error arising from the existence of two indictments for the same criminal act. A county policy allegedly prohibited staff from counting days for the same charge under two different court case numbers …
General Compensatory Damages Upheld by 11th Circuit by A memorandum from the county counsel containing legal advice, but not designated "privileged" or "confidential," was properly admitted into evidence notwithstanding a claim of attorney-client privilege, absent evidence regarding who, if anyone, received it other than its addressees, or what the addressees …
Article • May 15, 2007
Los Angeles Lump Sum Settlement Policy Enjoined by The plaintiff was entitled to a preliminary injunction on her claim that, as to her case, the county's policy of offering only lump sum settlements (i.e., covering damages and attorneys' fees) violated federal law. The Supreme Court's decision in Jeff D. v. …
Article • May 15, 2007
Court Orders New Trial on Damages Only in Excessive Force Case by A jury found for the plaintiff in an excessive force case but awarded only nominal damages. The court says there is no reasonable basis for the nominal award, and grants a new trial limited to damages. The undisputed …
Article • May 15, 2007
BOP Work Release Injunction Vacated as Moot by The plaintiff was notified he would be transferred out of a community corrections center pursuant to the Department of Justice's abruptly announced policy change prohibiting assignment to such facilities except for the last 10% of a prisoner's sentence. He obtained a preliminary …
Article • May 15, 2007
Preliminary Injunction Granted in BOP Work Release Suit by The plaintiff took a plea with the expectation based on past practice that he would serve his sentence in a halfway house; the probation office so recommended to the sentencing judge, who adopted the recommendation. The Department of Justice then decided …
Expert Witness Rate for Discovery Reduced by Compensation to an expert for time spent in responding to discovery includes a reasonable amount of time preparing for a deposition. Here, 3.5 hours was reasonable for a review of medical records more than a year after the expert prepared his report (no …
Article • May 15, 2007
Abusive deposition tactics frustrate the truth-finding process in litigation. What are the proper limits of these objections? by Abusive deposition tactics frustrate the truth-finding process in litigation. What are the proper limits of these objections? It was the end of a long day of depositions in a tense medical malpractice …
Substantial Compliance with Administrative Remedy Rules Satisfies PLRA Despite Prisoner's Procedural by Substantial Compliance with Administrative Remedy Rules Satisfies PLRA Despite Prisoner's Procedural Deficits The District of Columbia's Court of Appeals has held that procedural defects in a prisoner's pursuit of administrative remedies does not bar a civil suit per …
Attack on White Supremacist Prisoner States Claim by The plaintiff, in a segregation unit, was beaten during his one hour out of cell by another prisoner, and alleged that it must have resulted from an officer's actions, since the cells were supposed to be locked with only one prisoner out …
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