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Article • May 15, 2007
NY Jail Finger Injury Suit Dismissed by The plaintiff had a medical care problem at a City jail. At 308: "New York State [sic] has procedures for filing grievances in each of its correctional facilities." The claim is dismissed for non-exhaustion. A bleeding finger is not a serious medical need. …
Article • May 15, 2007
Filing Fee Refund Period Discussed by The plaintiff voluntarily discontinued his appeal and sought the return of his filing fee. At 79: "We write to clarify that the six month period to which 28 U.S.C. § 1915(b)(1) and Leonard v. Lacy, 88 F.3d 181, 186-88 (2d Cir.1996), refer is the …
Article • May 15, 2007
Filed under: Searches, Police Searches
Single Wrongful Police Search Enough to Assert Policy by The plaintiff was walking on the street and a police officer asked for her identification; she explained she didn't have it because she had left her wallet at the grocery store; the officer forcibly took her into custody and searched her. …
Article • May 15, 2007
Second Circuit Explains Interlocutory Class Certification Appeals by At 139: . . . [W]e hold that petitioners seeking leave to appeal [a class certification decision] pursuant to Rule 23(f) must demonstrate either (1) that the certification order will effectively terminate the litigation and there has been a substantial showing that …
Qualified Immunity for Prison Psychiatrist Who Fails to Protect Prisoner by The plaintiff told a prison psychologist that he thought he was at risk of attack, and she did nothing, concluding that it was all in his head (i.e., he was reliving past trauma). Also, in subsequent sessions, he indicated …
Article • May 15, 2007
Private Contractors Bound by State Consent Decree by A consent decree between Medicaid patients and the state is binding as a matter of due process upon HMO's who were agents of the state and contracted with it, where their contracts acknowledged that additional appeal process guidelines might be developed and …
Article • May 15, 2007
Slip and Fall Injury Claim Dismissed by The plaintiff slipped and fell while trying to repair a roof leak. He complained that some aspects of his treatment were delayed and he never got a barium study and a sigmoidoscopy. This complaint amounted only to a difference of opinion about treatment …
Article • May 15, 2007
PLRA Filing Fees Don't Apply to Immigration Detainees by At 885-86: . . . [T]he filing fee provisions of the PLRA, . . .do not apply to an alien detainee who proceeds in forma pauperis to petition for review from a BIA decision, so long as he does not also …
Article • May 15, 2007
D.C. Limitations Tolled for First Incarcertation by The statute of limitations may be tolled when the complainant is imprisoned at the time the right of action accrues, but if the complainant is subsequently released, the statute of limitations begins running immediately and is not again tolled if the plaintiff is …
Article • May 15, 2007
Limits on Free Legal Supplies in Virginia Upheld by The plaintiff said prison officials did not provide him enough legal supplies and asked for a preliminary injunction. At 671-72: "The mere fact that he has chosen to pursue four lawsuits at one time does not require prison officials to alter …
Article • May 15, 2007
Nashville Jail Crowding Injunction Terminated by A judgment limiting jail overcrowding is terminated based on uncontested testimony from Don Stoughton that conditions meet Eighth Amendment standards. (Yes, the expert opined on the ultimate issue.) The court goes on to say that nobody asked that the prohibition on putting prisoners in …
No Contempt for KS Jail Sheriff by A consent judgment in a jail conditions case was entered in 1987; the jail was replaced in 1989; the new jail was found to be operating in violation of the consent decree in 1992. After further proceedings a final judgment was entered creating …
Article • May 15, 2007
Jail Official Gets Immunity for Delaying Prisone'rs Release for One Day by Jail Official Gets Immunity for Delaying Prisoner's Release for One Day A county prison official was entitled to qualified immunity for delaying the plaintiff's release for a day based on an alleged warrant from Massachusetts that she had …
Article • May 15, 2007
Fact Questions Over Exhaustion Preclude Dismissal by The plaintiff said there was no prison grievance procedure; the defendants attached parts of an inmate handbook describing such a procedure (with a 6-day time limit). The plaintiff said that he filed three grievances as prescribed and never received a response. These claims …
Article • May 15, 2007
Prejudice Required for Courtroom Shackling Claim by The plaintiff's claim of courtroom shackling amounts only to harmless error, since only one juror saw the plaintiff in handcuffs and none saw his leg restraints. At 691: ". . . [A] jury's brief or inadvertent glimpse of a defendant in physical restraints …
Snitch's Assault Claim Dismissed by The plaintiff was assaulted after he was named as an inmate informant in a disciplinary report. The court refuses to reconsider summary judgment for the hearing officer, since plaintiff shows no facts indicating that the hearing officer was aware of a significant risk before including …
Article • May 15, 2007
Deposition of Juvenile Prisoner Rape Victim Postponed Until Release by The mother of a juvenile detainee alleged that an officer had sexually assaulted her son. The deposition of a person confined in prison may be taken only "with leave of court on such terms as are just" under Rule 30(a)(2). …
Article • May 15, 2007
AEDPA Applies to Disciplinary Habeas Petitions by A prisoner who has received a lawful disciplinary hearing is not entitled to another hearing on an administrative appeal challenging the conviction and sanction. Under AEDPA, state prisoners' habeas corpus petitions must challenge decisions that are contrary to Supreme Court precedent or involved …
Article • May 15, 2007
Family Lacks Standing to Sue over Prisoner Murder by The decedent was stabbed to death in prison and family members sued. The family members lack standing to sue in their personal capacities because these facts don't give rise to a claim for interference with familial relationships. At 309: "State action …
Article • May 15, 2007
HIV+ Plaintiff Can Be Anonymous in Needle Exchange Police Harassment Suit by Intravenous drug users who used state-authorized needle exchange programs alleged that they were harassed by the police. The plaintiffs had standing to seek injunctive relief. There is no minimum number of past incidents that must be pled to …
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