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Article • May 15, 2007
Filed under: International, Immigration
Seventh Circuit Holds Fugitive Disentitlement Doctrine Inappropriate Sanction For Honest Intentions by Seventh Circuit Holds Fugitive Disentitlement Doctrine Inappropriate Sanction For Honest Intentions Telesforo Gutierrez Almazan was found guilty of feloniously aggravated sexual abuse of a minor in 1994. In 2006, Immigration Officials ordered him removed. He filed a petition …
$1,000 Verdict in Religious Freedom Case by Michigan prisoner David Marsh is a follower of Wicca. He had previously prevailed in a lawsuit requiring the Michigan Department of Corrections to recognize Wicca as a religion. Despite that order, prison officials refused Marsh the opportunity to practice a part of his …
Article • May 15, 2007
$1 Verdict in BOP Retaliation Case by While imprisoned at the federal lockdown prison in Marion, Illinois, prisoner Joseph Dougherty began criticizing the conditions of confinement. Prison officials then transferred him and confiscated a $100 postal money order. He filed suit alleging retaliation. A jury entered a verdict on Dougherty's …
Article • May 15, 2007
$1,660,000 Verdict for False Arrest by New York City Police Officer Sammy Gaurd was about to place a parking ticket on John McLaughlin's vehicle, when McLaughlin, who was a city meter operator, got into a verbal dispute with Gaurd, calling him an idiot. Gaurd then assaulted McLaughlin and arrested him …
Article • May 15, 2007
$70,000 Verdict in Georgia Prisoner's Assault by Guards by After he was escorted to his cell for disciplinary segregation, Georgia prisoner Ernest D. Johnson was beat unconscious by guards Brian Breeden and Sgt. Rudolph Gomez. Once inside the cell, the guards attacked Johnson. They choked, stomped, and struck him with …
Article • May 15, 2007
$105,000 Verdict in Michigan Illegal Imprisonment by Three to four months after completing their Michigan prison sentences in 1994, Willie Thomas, Jr., Larry Reed, and Edward Grant were picked up and imprisoned in Jackson prison without a hearing. The defendant prison officials believed they had miscalculated the time served by …
Article • May 15, 2007
$225,000 Settlement in Rape by Idaho Prison Guard by Guard John Pribble was a sexual predator overseeing women held at the Idaho State men's prison for orientation or punishment. On two occasions he removed the female plaintiff from her cell, taking her to his office to rape her. Pribble was …
Article • May 15, 2007
Offer of Judgment Must Include Attorney Fees by The plaintiff filed a class action against a collection agency and the defendant served an offer of judgment for the maximum amount that the plaintiff could recover, plus $500 for attorneys' fees and costs. The offer of judgment to the named plaintiff …
Article • May 15, 2007
Class Certified in CT Syringe Exchange Search Suit by The plaintiffs challenged a police practice of searching and arresting persons who participated in the Bridgeport Syringe Exchange Program, and moved for class certification. At 331: Numerosity "'is presumed at a level of 40 members' of a putative class." Exact class …
Article • May 15, 2007
Class Action With 30-40 Members Certified by The court certifies a class in a case alleging racial discrimination in housing based on census data and various calculations and assumptions suggesting that there are 30 to 40 potential class members---i.e., African Americans who have been racially steered by a particular company. …
14 Deputies Who Kill Person in Courtroom Not Entitled to Judicial Immunity by The non-prisoner decedent persisted in trying to ask the judge a question and he told the deputies to restrain him. So 14 of them jumped on him and killed him. The deputies' conduct is not shielded by …
Article • May 15, 2007
Police Rape Plaintiff Allowed to Sue Anonymously by The plaintiff alleged that she had been sexually assaulted by a state trooper. Her case was consolidated for discovery with three other similar cases against the same trooper. The court permits the plaintiff to proceed under a pseudonym, since she has taken …
Sex Offender Treatment Records Not Subject to Discovery by The plaintiff was raped in a McDonald's parking lot and sued the company. The rapist is now in prison and receiving mental health treatment, and the victim is seeking his prison mental health records. Under state law (the case being a …
Police Misconduct Reports Must be Disclosed in Discovery by The plaintiff complained of excessive force by the police and sought information about internal investigations. State law exempting internal investigative and other files from disclosure does not govern privilege issues in federal claim cases. The court directs production of the date …
Article • May 15, 2007
Family Court Judge Immune From Suit by The plaintiff sued the county Department of Social Services and a Family Court judge for allegedly interfering with his correspondence with his son and ignoring his requests for visitation, and removing the child from his relatives' custody without notice to him. The Family …
CA Peer Review Records Not Privileged in Jail Death Suit by The decedent died in jail after making repeated complaints of abdominal pain. He was diagnosed after his third complaint with gastroenteritis and prescribed palliatives; nine days later he died of peritonitis due to idiopathic perforation of the descended colon. …
Article • May 15, 2007
Time Limit for Service Extended in Immigration Suit by The plaintiff immigration detainee did not serve the defendants properly because her attorneys did not understand the service rules. That is not good cause to extend the time for service. However, the court has discretion to extend the time for service …
Article • May 15, 2007
Attorney Misconduct at Depositions by Defense counsel engaged in misconduct at depositions by improperly "interpreting" questions for the witnesses, coaching them as to how to answer, engaging in lengthy speaking objections and colloquies, conferred with his witnesses during questioning, and left the room with a deponent while questions were pending. …
Article • May 15, 2007
HCQIA No Bar to Discovery of Peer Review Reports by The Health Care Quality Improvement Act "does not create an inviolate bar to discovery of materials relating to peer review committees." (438) The court grants plaintiff's motion to compel, along with a protective order. The complaint alleges that the peer …
Article • May 15, 2007
Class Certification Discussed by Plaintiffs alleged that delays in informing them of adverse actions on Medicaid coverage claims violated federal and state statutes and the Due Process Clause. The court certifies a class over the defendants' objection based on the Galvan "necessity doctrine" that government can be expected to apply …
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