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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 …
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 …
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