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Article • May 15, 2007
Jury Entitled to Hear of Plaintiff's Medical Condition in False Arrest Case by Police officers who falsely arrested the plaintiff, allegedly with knowledge of his heart condition, were not entitled to an order in limine excluding evidence of his medical condition, since there is enough evidence that their actions were …
Article • May 15, 2007
Jail Not Liable for Arrestee's Cocaine Overdose Death by The decedent died in jail of a cocaine overdose after denying that he had ingested cocaine (though there was an empty plastic bag with drug residue around it at the scene of his arrest) and refusing medical treatment. At 686-87: ". …
Delay of Treatment for Spinal Injury Suit Dismissed by The plaintiff alleged that his requests for medical treatment for two and a half months (after which he was found to have a severely ruptured disk) constituted deliberate indifference. The plaintiff's claims against the Sheriff is dismissed for lack of any …
One Week Connecticut Lockdown Conditions Upheld by The prison was locked down for a week and plaintiffs sued for damages over the conditions. At 237-38: "While prison officials may impose institutional lockdowns, the conditions under which the inmates are confined must not violate the Eighth Amendment." The court holds these …
Article • May 15, 2007
Title VII Suits Limited to EEOC Charges by At 928: The scope of a civil complaint [under Title VII] is limited by the scope of the EEOC charge that precedes it. . . . This is not an issue of subject matter jurisdiction, however, but is more in the nature …
Jail Prisoner's Shooting Suit Estopped by Fruad Conviction from Incident by The plaintiff's claim that he was shot in jail by other prisoners is collaterally estopped by his conviction for fraud arising from the same incident (the government's theory being that he staged his own shooting so he could bring …
No Qualified Immunity for Force Feeding Prisoner Who Agrees to Eat by The Muslim plaintiff fasted periodically for three to 15 days. On the fourth day of a fast, the defendant doctor declared him to be on a "hunger strike" and said he was lethargic, slow walking and talked with …
Article • May 15, 2007
No Right to International Transfer to UK Prison by The plaintiff, a British citizen, sought to make the state convert his sentence from an indeterminate one to a determinate one so Britain would accept him under the Convention on the Transfer of Sentenced Persons. The federal court lacks mandamus jurisdiction …
Article • May 15, 2007
Non-Profits Denied Right to Intervene in Mental Disability Case by The United States and private plaintiffs sued the state over the treatment of mentally retarded and disabled persons. After relief had been preliminarily approved, an association of nonprofit agencies who provide service to those persons, mostly with government funding, sought …
Article • May 15, 2007
Defendant Drugged for Capital Trial by The court authorizes the involuntary medication of the man who shot up the Capitol Building and killed two police officers. The proposed treatment is medically appropriate because the respondent is a diagnosed paranoid schizophrenic and antipsychotic medication is the only available treatment. The potential …
Article • May 15, 2007
New Suit Requires PLRA Exhaustion by Plaintiff brought a suit pre-PLRA, tried to add additional claims after the PLRA, and was told to file a new suit. Since his new suit was filed after the enactment of the PLRA, it is governed by the exhaustion requirement. The fact that the …
Article • May 15, 2007
Suit for Retaliatory Discipline Dismissed by The plaintiff's claim that he was disciplined in violation of due process in retaliation for complaining about a teacher is dismissed absent any evidence of retaliation or that his sanction, 20 days in keeplock, was atypical and significant under Sandin. See: Brooks v. Miles, …
Article • May 15, 2007
Qualified Immunity Claims Should Be Resolved First by At 359: The "better approach to resolving" [qualified immunity] claims is to first determine whether the plaintiffs have alleged a violation of a constitutional right, and then, if they have, to determine whether the right was clearly established at the time of …
Article • May 15, 2007
Forcible Police Detention States Claim by The plaintiff's allegation that a police officer grabbed him from behind, slung him to the ground, rolled him over and then handcuffed him, and then dragged him to the police car when he wouldn't walk, all because he wouldn't pay a debt claimed by …
Article • May 15, 2007
Involuntary Drugging of Criminal Defendant Upheld by The plaintiff was administered a powerful combination of drugs by jail medical personnel for various medical problems without informed consent. However, she took the medication voluntarily, so the rule of Riggins v. Nevada barring involuntary medication to render a prisoner competent has no …
Article • May 15, 2007
Court Orders Leg Shackled for Criminal Defendant by The court makes findings of fact memorializing its decision to require the plaintiff to be leg- shackled during his jury trial. He had a history of one escape, significant mental disability, and numerous disciplinary charges. The court relied in part on the …
Article • May 15, 2007
Denial of Colostomy Surgery Due to Cost is a Serious Medical Need by The plaintiff was supposed to have a colostomy closed; the surgery was delayed from October 1994 until January (after the plaintiff's release) with the treating doctor's concurrence. The plaintiff began having bleeding and pain at the site. …
Article • May 15, 2007
Filed under: Private Prisons, CMS
Reporter Sues CMS for Defamation by An investigative reporter published an article critical of the defendants; they responded; the plaintiff sued them for defamation and interference in his business interests. Their statement that he employed objectionable newsgathering techniques was not defamatory per se; nor was the statement that reporters may …
Article • May 15, 2007
Filed under: Civil Procedure, Venue
Plaintiff Entitled to Choose Venue for Suit by The plaintiff sued some defendants in the Middle District of Louisiana and more defendants in the Western District of Louisiana. The magistrate judge transferred the claims against the Western District defendants to that district. Wrong. Venue is assessed for the entire case; …
Article • May 15, 2007
PLRA Filing Fees Prioritized on Prisoner Debt List by The plaintiff couldn't pay the initial filing fee because his money was taken for restitution, victim witness surcharge, and medical co-pay. The statute says that the initial fee is to be collected when funds "exist." Prison officials are therefore required to …
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