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Article • May 15, 2007
Non Exhaustion Dismissals without Prejudice by The plaintiff was injured in a Puerto Rico prison and transferred to a federal institution, from which he filed suit. His claim is dismissed for non-exhaustion. The court distinguishes cases that say exhaustion is not required after release, and cites cases saying exhaustion is …
Court Upholds Firing of Probationary Cop for Affair With Captain by A female probationary police officer was terminated for having an affair with a male police captain. The captain was not terminated. There is no equal protection violation, since under the law of the Eighth Circuit a probationary officer and …
Article • May 15, 2007
No Liability for Untreated Cancer Death Claim by The decedent was imprisoned after he was diagnosed with widespread testicular cancer; he had two rounds of chemotherapy and was brought into remission each time. After his imprisonment, the cancer reappeared and his doctor advised immediate commencement of "salvage chemotherapy" (within five …
Delay in Treating Spinal Injury Survives Summary Judgment by The plaintiff injured himself in a fall, sustaining a spinal cord injury resulting in incontinence and other consequences. At 1221-22: "A delay in providing medical treatment is not actionable unless it is occasioned by 'deliberate indifference which results in substantial harm.' …
Article • May 15, 2007
Filed under: Media, Censorship
Vanity Plates Are Not Protected Speech by The Vermont Department of Motor Vehicles did not violate the plaintiff's rights in recalling her vanity license plate reading "SHTHPNS," pursuant to a regulation disallowing vanity plates that are "offensive or confusing to the public." (The court was not impressed by a belated …
Article • May 15, 2007
City Liable for Jay Walker Being Shot 14 Times by Cop by A statement by one police officer that the defendant officer who shot the plaintiff's decedent was "known to use 'heavy handed' tactics with citizens and was 'out to perform [his] job overzealous[ly] with prejudice towards people" and that …
Article • May 15, 2007
Timeliness of Administrative Exhaustion Claim Needs to be Presented in Grievances by Timeliness of Administrative Exhaustion Claim Needs to be Presented in Grievances Plaintiff said he shouldn't have to exhaust because inmate assault is not grievable. Wrong. He said he shouldn't have to exhaust because Porter v. Nussle hadn't been …
Article • May 15, 2007
Qualified Immunity for Maryland Officials Requiring Jewish Prisoner to Clean Cell on Sabbath by Qualified Immunity for Maryland Officials Requiring Jewish Prisoner to Clean Cell on Sabbath Prison officials' designation of Saturday as cell cleanup day violated the Free Exercise clause as applied to an Orthodox Jewish prisoner. (They made …
Article • May 15, 2007
Okay to Hold Sexually Violent Predator in Jail for Trial by The plaintiff was held after the expiration of his sentence pursuant to the state Sexually Violent Predators Act. He spent some time in a county jail after that point, in connection with hearings on his commitment, and alleges that …
Sheriff Not Liable for Hiring Brutal Jail Guards by The plaintiff alleged that he was subjected to excessive force, including a "knee drop" that severed his intestine. He alleged that the Sheriff was deliberately indifferent in hiring the deputy responsible. The deputy had nothing worse on his criminal record than …
Article • May 15, 2007
Kentucky Sex Offender Classification Upheld by The plaintiff complained he was wrongfully classified as a sex offender based on a prior state conviction for criminal sexual abuse. The court finds that federal prison policy supports the classification, and classification decisions do not present constitutional issues. The classification based on a …
Article • May 15, 2007
Class Certified Despite Disagreement Among Plaintiffs by Defendants opposed class certification on the ground that some class members supported the program that the named plaintiffs were trying to enjoin. At 233: "Class actions, however, are not forbidden in every case in which class members disagree." The interests of those supporting …
Supreme Court Clarifies Limitations on Removed State Law Claims by The plaintiffs filed federal claims and state claims in federal court; the state claims were dismissed on Eleventh Amendment grounds and then refiled in state court, where they were dismissed on limitations grounds. 28 U.S.C. § 1367(a), the supplemental jurisdiction …
Article • May 15, 2007
Jail Not Liable for Understaffing That Results in Suicide by The decedent committed suicide in jail; he was identified as suicidal on intake. He was placed in the "special needs" cell (formerly the drunk tank), which was supposedly monitored every 15 minutes, where he hanged himself. The court grants summary …
Article • May 15, 2007
Loss of Time a Compensable Damage by Loss of Time a Compensable Damage The plaintiffs complained of a course of mistreatment by the police. At 208: "The concept of actual injury at common law is a broad one, and the Supreme Court has recognized that 'compensatory damages may include not …
AIDS Death Complaint Dismissed After Three Amendments by The decedent died of AIDS in prison. He was diagnosed on July 31, 1996 with Hepatitis C with symptoms corresponding to initial manifestations of AIDS; tests were ordered, he was referred to the health educator, and was told to come back to …
Beating, Tasering Claim Withstands Summary Judgment by The plaintiff alleged that he was beaten and repeatedly shocked with an electric stun gun by staff without justification and while he was in restraints. These allegations are sufficient to defeat summary judgment for defendants since the conduct alleged is "repugnant to the …
Article • May 15, 2007
New York Jail Strip Search Upheld by The plaintiff was arrested on a civil contempt warrant and was strip-searched in a holding cell at the courthouse upon arrest; upon intake at the county jail; and upon admission to the jail's SHU, where he was taken after being found with contraband, …
Article • May 15, 2007
Having Won Compensatory Damages in State Court, Suit for Punitives Dismissed by The plaintiff, having won his excessive force case in the state Court of Claims and been awarded $3,151.38, cannot pursue an Eighth Amendment claim based on the same incident, even though he wished to pursue punitive damages, which …
Article • May 15, 2007
Court Denies Leave to Add Parties to Medical Suit by The plaintiff is denied leave to add new parties because he was months past the court-set deadline and gave no reason for it. The plaintiff's state law medical negligence claim is barred by the failure to present it to a …
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