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Article • May 15, 2007
District Court Erred in Appointing Court Monitor by In the litigation about the Department of the Interior's mismanagement of the Indians' money, the district court erred in reappointing a court monitor over the government's objection. The monitor was charged to "monitor and review" all trust reform activities and to report …
Al Qaida Prisoners Time Magazine Censorship Upheld by Here is a paradigm case, indeed a poster child, of the judicial avoidance of uncomfortable issues. The criminal defendant, the famous "shoe bomber," residing in the Florence, Arizona maximum security prison, complained of Special Administrative Measures (SAMs) denying him incoming mail determined …
Confiscation of Prisoner Author's Book on Anarchy States Claim by The plaintiff alleged that he was attempting to write a book titled "A for Anarchy," and his materials were confiscated and destroyed. On initial screening, the court declines to dismiss at the pleading stage. The Seventh Circuit has held that …
No Qualified Immunity for Mental Hospital Strip Searches by The individual plaintiff was subjected to a strip and body cavity search on his voluntary admission to a civilian mental hospital pursuant to a standing order applicable specifically to him. Disability Advocates, Inc., a PAMII organization, is also a plaintiff. The …
Article • May 15, 2007
ADEA Claims Must be Properly Exhausted by ADEA claims are within the "scope of the EEOC charge" if they are reasonably related to the charge, i.e. if they are within the scope of the investigation that could reasonably be expected to grow from the original complaint." (527) When the charge …
Challenge to BOP Law Enforcement Notification Law Dismissed by A Bureau of Prisons regulation requiring notice to state and local law enforcement officers of release of persons with current or prior convictions for drug trafficking or crimes of violence does not deny due process. The plaintiff does not have a …
Article • May 15, 2007
Filed under: Civil Procedure, Damages
Only $1.00 in Nominal Damages Despite Multiple Illegal Acts by At 1190: "Typically, a plaintiff who proves a violation of his or her constitutional rights is 'legally entitled to judgment with a mandatory nominal damages award of $1.00 as a symbolic vindication of [his or her] constitutional right.'" (Citation omitted) …
Article • May 15, 2007
Exhaustion is an Affirmative Defense under PLRA by Plaintiff wrote on the complaint form, where it asked whether he had filed a grievance, that he had not because "I did not know what to do." He never responded to defendants' motion to dismiss. The PLRA exhaustion requirement is not jurisdictional …
Article • May 15, 2007
Court Can Raise Exhaustion Issues Sua Sponte by At 490: District courts should enforce the exhaustion requirement sua sponte if not raised by the prisoner. Id.: "Bowman has offered no evidence that he pursued his complaints through all three steps of the grievance process, and it is therefore an undisputed …
Article • May 15, 2007
First Amendment Injuries are Irreparable for PI Purposes by At 348-49: To obtain a preliminary injunction a party must demonstrate: (1) that it will be irreparably harmed if an injunction is not granted, and (2) either (a) a likelihood of success on the merits or (b) sufficiently serious questions going …
Article • May 15, 2007
Immigration Detention Class Certified by For numerosity purposes, the court need not know the exact size of the class "so long as general knowledge and common sense indicate that it is large." (408, citation omitted) Where the class includes unnamed, unknown future members, joinder of such unknown individuals is impracticable …
Challenges to Illinois Civil Commitment Treatment Dismissed by The plaintiffs, civilly committed under the state Sexually Dangerous Persons Act before trial, complained that they were held in a wing of a state prison, that their treatment includes self-accusatory features, and that it is conducted on a group rather than an …
Al-Qaida Member Lacks Standing to Challenge Special Administrative Measures by The plaintiff, an al-Qaida member convicted of the terrorist bombing of the American embassy in Kenya, challenged the regulations that authorize surveillance of attorney-client contact. Since no such measures are in effect for him, and since the regulations require notice …
Lack of Counsel for NJ Child Support Contempt Cases Upheld by Persons held in civil contempt for failing to comply with child support orders challenged the lack of a right to counsel (appointed for indigent defendants) in such proceedings. The district court properly abstained under Younger v. Harris. The plaintiffs …
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 …
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