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Article • May 15, 2007
Filed under: Civil Procedure, Damages
Only $1.00 in Nominal Damages Despite Multiple Illegal Acts by At 1190: "Typically, a plaintiff who proves a violation of his or her constitutional rights is 'legally entitled to judgment with a mandatory nominal damages award of $1.00 as a symbolic vindication of [his or her] constitutional right.'" (Citation omitted) …
Article • May 15, 2007
Exhaustion is an Affirmative Defense under PLRA by Plaintiff wrote on the complaint form, where it asked whether he had filed a grievance, that he had not because "I did not know what to do." He never responded to defendants' motion to dismiss. The PLRA exhaustion requirement is not jurisdictional …
Article • May 15, 2007
Court Can Raise Exhaustion Issues Sua Sponte by At 490: District courts should enforce the exhaustion requirement sua sponte if not raised by the prisoner. Id.: "Bowman has offered no evidence that he pursued his complaints through all three steps of the grievance process, and it is therefore an undisputed …
Article • May 15, 2007
No One Liable for Prisoner Assault by The plaintiff was beaten by other prisoners, was later taken to the hospital, and was placed in a different housing area on his return. He was later attacked by other inmates in a stairwell while returning from the yard. He had requested to …
Retaliatory Discipline Claims Dismissed, Conditions Claims Remain by The plaintiff's damage claim alleging that officers planted a key which led to a disciplinary proceeding in which he lost good time is barred by Heck v. Humphrey, as is his claim that the hearing itself was defective. In any case, federal …
EEOC Complaint Exhausts Title VII Claim by At 376: While Title VII allows for loose pleadings before the EEOC and a complainant need not list every detail of her alleged discriminatory treatment, a charge of discrimination needs to provide sufficient specifics to afford the EEOC a reasonable opportunity to fulfill …
Article • May 15, 2007
First Amendment Injuries are Irreparable for PI Purposes by At 348-49: To obtain a preliminary injunction a party must demonstrate: (1) that it will be irreparably harmed if an injunction is not granted, and (2) either (a) a likelihood of success on the merits or (b) sufficiently serious questions going …
Article • May 15, 2007
No Total Exhaustion Rule for Michigan District Court by The author of the opinion in Jenkins v. Toombs adheres to his "no total exhaustion" position, with some acerbity, in a case wherein the magistrate judge adopted the "yes total exhaustion" position of a different judge in the same district who …
Article • May 15, 2007
Immigration Detention Class Certified by For numerosity purposes, the court need not know the exact size of the class "so long as general knowledge and common sense indicate that it is large." (408, citation omitted) Where the class includes unnamed, unknown future members, joinder of such unknown individuals is impracticable …
Challenges to Illinois Civil Commitment Treatment Dismissed by The plaintiffs, civilly committed under the state Sexually Dangerous Persons Act before trial, complained that they were held in a wing of a state prison, that their treatment includes self-accusatory features, and that it is conducted on a group rather than an …
Al-Qaida Member Lacks Standing to Challenge Special Administrative Measures by The plaintiff, an al-Qaida member convicted of the terrorist bombing of the American embassy in Kenya, challenged the regulations that authorize surveillance of attorney-client contact. Since no such measures are in effect for him, and since the regulations require notice …
Article • May 15, 2007
NY Police Immune for Taking Disabled Woman to Hospital by Police officers made a warrantless entry to a residence based on a 911 call and found a woman with Down syndrome there alone; they took her to a mental hospital, where she was kept overnight. The police officers were entitled …
Lack of Counsel for NJ Child Support Contempt Cases Upheld by Persons held in civil contempt for failing to comply with child support orders challenged the lack of a right to counsel (appointed for indigent defendants) in such proceedings. The district court properly abstained under Younger v. Harris. The plaintiffs …
No Remedy for Contractor Suit Against Unicor by The plaintiff contractor sued Federal Prison Industries (a/k/a/ Unicor) under the Contract Disputes Act in the Court of Federal Claims. That court lacked jurisdiction because Federal Prison Industries is a "non-appropriated fund instrumentality" for which the United States was not financially answerable …
Understaffed Jail Not Liable for Suicide by The decedent, arrested for DUI, told the arresting officer and a jail officer that his girlfriend recently hanged herself in another jail and that the other jurisdiction's police force did that to her. He told the admissions officer that if he had to …
Article • May 15, 2007
Filed under: Civil Procedure, Service
FRCP 4 (e) Governs Service on Prison, Jail Employees by The prisoner's complaint was dismissed for failure to serve process, and the district court denied the plaintiff's Rule 60(b) motion to vacate the dismissal on the ground that he had too served process, he had just failed to file proof …
No Qualified Immunity for Firing Jail Medical Director Over Trial Testimony by The plaintiff alleged that he was fired as jail administrator in retaliation for giving truthful testimony in the civil trial of claims by nurses fired by the jail's medical contractor for criticizing mental health services in the jail. …
Article • May 15, 2007
No Immunity for Denying Transsexual Prisoner Treatment under Unconstitutional Policy by No Immunity for Denying Transsexual Prisoner Treatment under Unconstitutional Policy The plaintiff, a pre-operative transsexual, tried to get treatment for gender identity disorder in prison and was ignored for two years. His grievance requested "all of the minimal, though …
Article • May 15, 2007
Municipality May Be Liable Even Absent Employee Liability by Notwithstanding Heller, at 482: "It is possible for a municipality to be held independently liable for a substantive due process violation even in situations where none of its employees are liable." Id. n.3: the court notes that some circuits have rejected …
Article • May 15, 2007
Third Circuit Rejects Implied Class Certification by Third Circuit Rejects Implied Class Certification Suit was filed in 1972 and a consent decree entered in 1974. This appeal from denial of a motion to vacate is dismissed as moot because the named plaintiffs moved out of public housing even before the …
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