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Racial Discrimination Claim in IL Civil Commitment Must Be Brought under Habeas by The plaintiffs are present and former civil detainees in the Sexually Violent Persons Units of the prison system who alleged that commitment to that program reflected racial bias against African-American offenders who committed crimes against white victims. …
Article • May 15, 2007
Filed under: Sentencing, Habeas Corpus
Court Orders Sentence Credit for Time in Federal Custody by The plaintiff was held in federal custody for 87 days pursuant to a writ of habeas corpus ad prosequendum executed two days before his state conditional release date. Later he was convicted of federal charges. He did not get credit …
Article • May 15, 2007
School Case Mooted During Appeal by The court recites the "capable of repetition, yet evading review" doctrine and finds mootness. When a case becomes moot on appeal, the court considers the equities of the case in determining whether the decision below should be vacated. A party who sought review should …
Article • May 15, 2007
Involuntary Appointment of Lawyers to do Arbitration Upheld by An Arizona statute and rules of procedure resulting in attorneys' being assigned involuntarily to conduct arbitrations for no more than two days a year, for which they are paid $75 a day, with no reimbursement for expenses, is not an unconstitutional …
Article • May 15, 2007
Firing of Maryland Muslim Chaplain Upheld by The plaintiff, who said he was constructively discharged from a contractual position as Muslim chaplain, sued under Title VII, alleging that he was discriminated against by being subjected to a racially hostile workplace. The court concludes as a matter of law that the …
Article • May 15, 2007
Ten-Day Limit to Appeal Denial of Class Certification by Plaintiffs' discretionary appeal of denial of class certification under Rule 23(f), amended 1998, is governed by a ten-day time limit which (a) is tolled during the pendency of a motion for reconsideration, and (b) means ten days exclusive of weekends and …
Article • May 15, 2007
Forcibly Drugged Death Row Prisoner Granted Permanent Stay of Execution by The petitioner, awaiting execution for 22 years, has been medicated for most of that time, and decompensates when he is taken off his medication. The court says that, unlike someone who is medicated and achieves competence and stays that …
Article • May 15, 2007
Protective Orders Must Be Narrow, Judicial Proceedings Inherently Public by At 247: Because the public "has an interest in what goes on at all stages of a judicial proceeding," . . . including the pre-trial discovery stage, . . . the judge, as "the primary representative of the public interest …
Article • May 15, 2007
Evidence Disclosed to Experts is Discoverable by The 1993 amendments to Rule 26(a)(2)(B) concerning disclosure of material presented to an expert does not exempt "core" work product or limit disclosure to factual material as opposed to mental impressions or opinions of counsel. If the expert sees it, it's discoverable. Accord, …
Article • May 15, 2007
Filed under: Medical, HIV/AIDS, Medication
Delay of HIV Medication Claim Dismissed by The plaintiff complained that he did not get his HIV medication on time. However, the evidence showed that his viral loads got better rather than worse during the relevant period, a doctor testified that it really didn't matter whether he got his medications …
Article • May 15, 2007
Federal Injunctions Against State Agencies Must be Narrow by At 1092: "Due to concerns of comity and federalism, the scope of federal injunctive relief against an agency of state government must always be narrowly tailored to enforce federal constitutional and statutory law only." (Citation omitted) Anything more is an abuse …
Article • May 15, 2007
Police Beating Requiring Spleen Removal Actionable by The plaintiff alleged that he accompanied police officers to the station to assist in an investigation and that an officer kicked him and punched him, then told him the investigation was over and he could go home. After they took him home he …
No Policy Needed to Support Municipal Liability Under ADA/RA by A municipal policy need not be shown to support liability under the disability statutes; the statutory term "employer" encompasses any agent of an employer covered by the statute. At 575: "There is no 'deliberate indifference' standard applicable to public entities …
Article • May 15, 2007
No Suit Dismissal for Not Answering Deposition Questions by The plaintiff refused to answer questions at his deposition on the ground that he was being threatened with harm at the prison if he spoke, and he asked the Assistant Attorney General to protect him. His claim was of retaliation for …
Article • May 15, 2007
Filed under: Medical, Misdiagnosis, Hepatitis
Eventual HCV Diagnosis Fails to State Claim by The plaintiff complained of pain in his right side, saw doctors, got pain medication, an x-ray, an ultrasound examination, and tests of stool samples. Eventually he was diagnosed with Hepatitis C. The defendants were not deliberately indifferent. See: Davis v. Williamson, 208 …
Article • May 15, 2007
Village Failure to Investigate Police Abuse May Create Liability by The plaintiff alleged abusive conduct by a police office. There had been six prior letters of complaint or criticism of the officer's abuse of civilians. At 479: ". . . [A] reasonable jury could infer from these repeated complaints an …
Article • May 15, 2007
Habeas Required to Challenge Abuse Parole Arrest by The plaintiff's allegations of an abusive and improper arrest by parole officers and an improper parole violation hearing may not be pursued under § 1983 because he is incarcerated after having had his parole revoked. The court does not distinguish finely among …
Article • May 15, 2007
Filed under: Civil Procedure, Complaints
Pro Se Complaints Broadly Construed by At 461: "Where a party appears pro se, the Courts are required to broadly construe that party's pleadings and interpret them 'to raise the strongest argument they suggest.' Graham v. Henderson, 89 F.3d 75, 79 (2nd Cir. 1996)." Factual allegations in an opposition to …
Article • May 15, 2007
Delay in Appealing Grievance Denial Bars Suit by The plaintiff grieved and had 10 days to appeal. He waited a year. The grievance system has discretion to permit late appeals, but they didn't in this case. The plaintiff is barred for non-exhaustion. At 1023-24: . . . [U]nless the prisoner …
Important Application of Qualified Immunity to Supervisory Liability Claims by This is probably the most important opinion the Second Circuit has issued concerning the application of qualified immunity to supervisory liability. Although it is not a prison case, it has significant implications for a largely unrecognized question in prison litigation. …
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