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BOP Enjoined in Transferring Prisoners from Work Release by The court grants a preliminary injunction against the transfer of three persons serving sentences in community confinement centers who have been notified that they will be transferred to a federal prison for the remainder of their sentences based on the Department …
Michigan Statute Denying Appointed Counsel to Indigent Criminals Enjoined by A challenge by indigent criminal defendants under § 1983 to state court judges' practice of denying appellate counsel based on plea-based convictions, and to the statute that codified the practice, was barred by Younger abstention. Each plaintiff had ongoing state …
Article • May 15, 2007
Prisoner's Civil Suit Filed When Given to Prison Officials in Texas by Matthew Clarke By Matthew T. Clarke On December 8, 2004, the Texas Court of Appeals held that a prisoner's lawsuit was considered filed the day he turned it over to prison officials for mailing. Edwin H. Witherspoon, a …
Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 by Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 In a dispute over a parking space on September 17, 2001, Cook County Jail guard Donald Keith punched jail social worker Virgean Houskins …
Nebraska Administrative Remedies Must Be Fully Exhausted Or Dismissal Required by Nebraska State Prisoner Frankie Cole brought suit under § 1983 and the State Tort Claims Act (STCA) for Eighth and Fourteenth Amendment violations for prisoner conflicts, inadequacies in his medical treatment, and incidents arising from such violations. The court …
Article • May 15, 2007
Summary Judgment Dismissal Not Proper For Factual Disputes: Conspiracy Not Arbitrational Subject by Summary Judgment Dismissal Not Proper For Factual Disputes: Conspiracy Not Arbitrational Subject Former employee Lawrence Lederman and Intervenor Philip Shapiro brought actions against Lederman's former employer and Leeds, Morelli and Brown, P.C. (LMB), the law firm representing …
Article • May 15, 2007
Public Right To Judicial Proceedings Outweighs Private Parties' Confidentiality Agreements by Public Right To Judicial Proceedings Outweighs Private Parties' Confidentiality Agreements East Coast Media Companies appealed a sealing order by New Jersey Superior Court's Law Division for private parties' contractual agreements and court documents relating to an alternative dispute resolution. …
Settlement Reached In Indiana Juvenile Conditions Of Confinement Action by On February 8, 2006, the Indiana Department of Corrections (IDOC) reached a settlement agreement with the United States Department of Justice (DOJ) regarding conditions of confinement of juvenile prisoners at Logansport Intake/Diagnostic Facility and South Bend Juvenile Correctional Facility. The …
Years Later, $95,000 Attorney Fees Paid in Essex County Jail Conditions Suit by After 12 years of disputing the amount to be paid to Massachusetts Correctional Legal Servicer (MCLS) for attorney fees relating to a class action suit, officials in Essex County agreed on July 8, 2004, to pay $95,069.89 …
Article • May 15, 2007
Arkansas Medicaid Injunction Upheld by The district court enjoined proposed budget cutbacks on the ground that they would violate federal Medicaid law. The relevant statute, which has long been held to create a property interest, requires payment methods that assure that payments "are consistent with efficiency, economy, and quality of …
Article • May 15, 2007
Moving Case off Active Docket Not a Dismissal by The parties advised the court that the case would be settled, and hearing nothing to the contrary seven weeks later, it ordered the case "closed." However, the case really wasn't settled. When the parties reported that fact, the court declared that …
Article • May 15, 2007
BOP Skin, Retaliation Suit Dismissed by The plaintiff alleged that at a Pennsylvania federal prison he had a skin rash, itching, swelling, and other symptoms and was treated for an allergic reaction; he was told that the Bureau of Prisons would not pay for an allergist or dermatologist and he …
Connecticut Guards Firing for Motorcycle Gang Membership Denied PI by State correctional officers were issued "formal counseling" for violating the state's policy against engaging in conduct that constitutes or looks like a conflict of interest, engaging in unprofessional or illegal behavior that could reflect negatively on the agency, and acting …
Article • May 15, 2007
Filed under: Medical, Abortion, Damages
Punitive Damages of 31 to 1 Upheld in Abortion Access Suit by The court approves punitive damages under the Freedom of Access to Clinic Entrances Act against anti-abortion protesters who threatened the lives of abortion providers, in ratios to compensatory damages of up to 32 to 1. At 1063: "This …
Article • May 15, 2007
Supreme Court Rejects Time Limit Notices by Judges by The Ninth Circuit declared that partially unexhausted habeas petitions, which are subject to a total exhaustion rule under Rose v. Lundy (1982), should be subject to a "stay and abeyance" procedure designed to protect habeas petitioners from the interaction of the …
Article • May 15, 2007
ADEA Exhaustion Not Jurisdictional by Exhaustion under the Age Discrimination in Employment Act is not jurisdictional (150). The court applies to ADEA administrative exhaustion the same rule applied to Title VII exhaustion, since the requirements are the same. A claim not asserted in the administrative charge may be litigated in …
Article • May 15, 2007
Disciplinary Appeal Based on Same Facts May Exhaust Beating Claims Too by Defendants say the plaintiff failed to appeal to the highest level of the grievance process. However, plaintiff says he filed a grievance but DOCS failed to act on his complaints. He has sought discovery but defendants have refused. …
Inconsistent Jury Verdict on Qualified Immunity Requires New Trial by Qualified immunity should be raised before trial so the claim can be disposed of by summary judgment where possible or factual disputes material to it can be identified and presented to the jury. The defendants did not waive their qualified …
Catheterizing Motorist for Urine Sample Suit Dismissed by The plaintiff alleged that he ran out of gas and Sheriff's deputies took him to a hospital and requested he submit to a urine analysis; when he could not urinate with a room full of people watching him, the deputies tackled him …
Article • May 15, 2007
Filed under: Civil Procedure, Estoppell
No Estoppel for Failing to File EEO Notice by The plaintiff failed to seek EEO counseling within 45 days of the act she alleged was discriminatory and then failed to file an administrative complaint within 15 days after receiving a notice of the right to file it. Equitable tolling and …
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