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Suit Over Virginia DOC Drug Testing Practices Dismissed by The plaintiffs alleged that Virginia accepted money under the Violent Offenders Incarceration and Truth-in-Sentencing Incentive Grants program, which require it to implement a program of controlled substance testing for drug use, which must be consistent with the Attorney General's guidelines. The …
Article • May 15, 2007
BOP Denial of Knee Surgery Upheld by The plaintiff alleged that he was denied surgery to repair a painful knee condition because the original injury antedated his incarceration. The surgery was allegedly performed a week after he filed suit; the plaintiff denied that he had had the surgery and said …
Class of Disabled Children Certified to Avoid Mootness by Children with psychiatric disabilities challenged the failure to place them timely in a Residential Treatment Facility and sought class certification. The court certifies the class. Numerosity is presumed at a level of 40 members, and it is undisputed that the class …
Police Union Allowed to Intervene in U.S. Brutality Suit by The federal government brought suit about excessive force and improper arrests and searches by the city police, and the parties submitted a proposed consent degree. The police union and various community groups (inter alia, the SCLC, the ACLU, and Homeboy …
Article • May 15, 2007
No Prejudice in 45 Uniformed Guards Presence at Murder Trial of Guard by The Florida Supreme Court has held that the presence of forty-five uniformed prison guards at a prisoner's trial for the murder of a guard was not a prejudicial influence on the jury. The Court's ruling came in …
Article • May 15, 2007
WA City Liable for Jail Doctor's Negligence by IN 1975, Michael Shea, a prisoner in the Spokane County Jail in Spokane, Washington repeatedly complained of severe back pain. Even though he was in jail for drunk driving after being in an auto accident, the jail physician only treated Shea for …
$1,226,625 Verdict in Wrongful Death of Prisoner on Jail Outing by While participating in an outing of a state sponsored pretrial detention program, the 21-year-old decedent prisoner in this case decided to swim in a reservoir owned by Connecticut's City of Waterbury. The reservoir was off limits to the public, …
$1,500,000 Verdict in Half-Way Houses' Failure to Warn by After he was released from a Florida prison, Elmer Leon Carroll went to live at The Lighthouse Mission of Orlando. Carroll had a history of rape and had been in prison for nine of the 15 years prior to committing the …
Article • May 15, 2007
$1.45 Million Settlement in Mentally Ill Alabama Jail Prisoner's Death by Fifteen days after he entered Alabama's Mobile Jail, James Carpenter died of an infection from a flesh-eating bacteria. During his period of incarceration, Carpenter was kept in solitary confinement, naked and shackled on his hands and wrists. Abrasions from …
$150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner by $150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner A jury awarded $150,000 to the estate of a 41 year old Polish prisoner who died in his jail cell of …
Article • May 15, 2007
$163,900 Settlement in Illegal Shackling of Chicago Jail Prisoner by The Cook County Sheriff's Office in Illinois has agreed to pay 500 former prisoners $50 per day for each day they were illegally shackled hand and foot to a hospital bed. The lawsuit was filed originally by three prisoners, Khalil …
Article • May 15, 2007
Order Limiting Defendant from Contacting Class Members Should be Narrow by The court previously restricted the defendant employer from contacting individual employees in an action brought by the E.E.O.C. It now adopts the Eleventh Circuit's view that orders limiting communications between parties and potential class members "should be based on …
Article • May 15, 2007
Export Report Struck for Failing to Set Basis for Opinion by The court strikes an expert report for, inter alia, failure to set out the basis and reason for opinions; identification of mouse feces based only on defendants' employees visual observations; failure to provide a list of publications, the compensation …
Prisoner Legal Aide's Firing Upheld for Violating Prison Rules by The plaintiff was terminated from the prison legal clinic after misusing his position to send mail to unauthorized places and signed letters indicating he was the representative of other inmates, which was contrary to prison policy. He was fired after …
Sheriff Not Liable for Deputy Abusing Arrestee by The plaintiff was in an accident and was arrested for DWI. She alleged that she was verbally threatened and recklessly shoved into a police car, injuring her, and that the deputy intentionally drove in such a way as to cause her more …
Article • May 15, 2007
Disability Not Required for Disability Discrimination Student Plaintiffs by A student asserting disability discrimination in education need not show a learning disability. At 147: "It was sufficient to demonstrate that [she] was substantially limited in a major life activity of central importance to her daily life. . . . There …
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 …
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