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$145,000 Verdict in Retaliatory Transfer Case by While at a Michigan prison work camp, prisoner Gerald L. Petrowski committed a major infraction, resulting in transfer to a high security level prison. Petrowski had a preexisting foot deformity that prevented him from wearing regulation prison shoes. At the new prison Petrowski …
$250,500 Verdict in Illinois Retaliation Claim by In February 1988, James Fergueson was a prisoner at Illinois' Menard Correctional Center when he had an argument with Mary Flannigan, the director of the Menard Psychiatric Center. Fergueson was upset that he had been transferred to Graham Corrections Center and back to …
Article • May 15, 2007
$303,113 Verdict in Negligence Failure to Train Arizona Worker Case by While imprisoned in Arizona, James Jenkins agreed to work in the Department of Public Works Maintenance yard in Duncan. On October 9, 1996, Jenkins was instructed to take a street sweeper to a gas station. He lost control of …
Article • May 15, 2007
8th Circuit Remands Damages Seizure for Reconsideration under Hankins v. Finnel by In an unpublished opinion, the Eighth Circuit Court of Appeals reversed a district court order refusing to enjoin Missouri from attaching a § 1983 judgment for incarceration costs. Missouri prisoner Edward Moore successfully sued Correctional Medical Services (CMS) …
Alaska Supreme Court Reverses SJ, Orders Continuance to Prisoner by The Alaska Supreme Court reversed a grant of summary judgment to prison medical staff and instituted the lower court to grant plaintiffs' requested continuance. Federal prisoner Donald Hymes and his wife Rita sued two Alaska Department of Corrections (ADOC) medical …
Article • May 15, 2007
Documents Supporting SJ Are Judicial Documents and Disclosable by The Second Circuit Court of Appeals held that documents submitted to a court in support of or in opposition to a motion for summary judgment are judicial documents to which a presumption of immediate public access attaches under both the common …
Fed BOP Can Declare State Prison a Place of Fed Incarceration by Hassan Abdul-Malik was in New York state custody in 1993 when he was transferred to federal custody, convicted of postal robbery, and sentenced to thirty years in federal prison. He was then returned to state custody where he …
Article • May 15, 2007
Texas Jury Verdict Finds Civil Rights Violations but Awards $0 for Assault by Texas prisoner Frank Guerro was assaulted on December 2, 1995, by prison guard Antonio Torres, who stuck Guerro, causing a large and painful bruise to his right ribs. He also alleged other guards assaulted him on December …
Article • May 15, 2007
Kansas Prisoner Convicted of Sodomy Entitled to DNA Testing by Dale Denney, a Kansas state prisoner, was convicted of sodomy in 1992. He later filed a motion in the trial court requesting that DNA tests be performed, pursuant to KSA 2003 § 21-2512.p The trial court denied the motion because …
MA Mental Health Patient Wins Over $1.5 M for Beating by Hospital Staff by On August 12, 1993, Jason Davis, a Massachusetts state mental health patient at the Westborough State Hospital left without permission and drank an undisclosed amount of alcohol. He was found later that day and returned to …
Article • May 15, 2007
Numerosity Supports Class Certification by Former employees alleged age discrimination in employment. Numerosity is presumed at a level of 40 class members. At 474: "Commonality is met if a common issue of law or fact is shared by the members of the prospective class." (Emphasis supplied) At 476: "Where, as …
Article • May 15, 2007
Class Certified in Customs Strip Search Suit by African-American women sued the Customs Service over airport searches. The commonality requirement for class certification "is not a demanding requirement; one issue of fact or law common to all class members will suffice." Here the common issues are whether or not the …
Article • May 15, 2007
Deponents Must Explain Changes to Testimony by A witness made substantive changes to his deposition testimony and could not explain them. Rule 30(e) permits changes both in form and substance. A deponent who makes such changes may be subject to the reopening of the deposition concerning them. However, the rule …
Article • May 15, 2007
Mental Exam Barred in Discrimination Suit by An employee did not place her mental condition sufficiently "in controversy" to require her to submit to a mental examination under Rule 35, Fed.R.Civ.P., by alleging emotional distress as an element of damages in a Title VII discrimination case. While her mental condition …
Article • May 15, 2007
Class Numerosity Satisfied With 40 or More Members by At 590: "Generally, courts will find a class sufficiently numerous when it comprises 40 or more members." However (id.): . . . [W]here a class is not obviously numerous, courts should, in addition to the number of proposed class members, consider …
Article • May 15, 2007
Rule 68 Offers Not Allowed in Class Actions by The plaintiff filed suit. The defendant--before appearing or answering--served an offer of judgment under Rule 68 which supposedly offered everything that the plaintiff could have gotten in the litigation. The plaintiff moved for class certification and then to strike the offer …
Article • May 15, 2007
Class Certification Granted in Disparate Impact Case by Minority schoolteachers alleged that standardized tests they were required to pass had a disparate impact based on race. The defendants argued that no class should be certified under Galvan. The court rejects the argument, holding that Galvan does not always require denial …
Article • May 15, 2007
NY Court Certifies Class Action of Pay Searched Minorities by The court certifies a class of black and Latino men stopped and frisked by the Street Crimes Unit and alleging lack of probable cause and racial profiling. Class certification is particularly appropriate where a plaintiff seeks injunctive relief against discriminatory …
Article • May 15, 2007
Rule 68 Offer May Conflict With Class Action Rule by A Rule 68 offer of judgment may generally be in conflict with the policies and principles of Rule 23, that proposition does not apply where a class has not been certified. Here, the plaintiff fails to provide "one iota" of …
Article • May 15, 2007
Suit Can Be Settled Before Class is Certified by Most federal courts have held that a suit filed as a class action should be treated as one for purposes of settlement or dismissal, even though the class has not been certified, until it is determined that class certification is not …
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