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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 …
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 …
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