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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 …
Article • May 15, 2007
Filed under: Medical, Skeletal Injury
Pennsylvania Jail Suit for Failure to Treat Broken Jaw Dismissed by The plaintiff was punched in the jaw by another prisoner and was given pain medication and cotton to bite on by medical staff. He went back five of the next six days complaining of continued severe pain, numbness, and …
New Jersey Jail Conditions Suit Goes Forward by The plaintiffs failed to prove that sleeping on two and a half inch-thick mattresses on the floor for months caused their lower back pain. Lack of pillows did not rise to a constitutional level. Food (459): A complaint based only on the …
Article • May 15, 2007
Telephone User Has Standing to Sue Over Poor Service by A telephone user complaining of poor service had standing to sue the telephone service provider under 47 U.S.C. §§ 206 and 207 (the Communications Act), which makes violators of the Act liable to parties whom they injure. The substantive violation …
Article • May 15, 2007
Seven Hour Deposition Limit by Defendants moved to depose the plaintiff for 14 hours over two days rather than seven hours in one day as contemplated by amended Rule 30(d)(2), Fed.R.Civ.P. At 24: "However, the better practice is for the deposition to go forward to determine how much is able …
Title VII Requires Class Wide Administrative Change for Certification by Under Title VII's exhaustion requirement (151-52), a class action must be supported by at least one representative charge, timely brought by one of the named plaintiffs, which adequately identifies the collective, class-wide nature of the claimed discrimination. . . . …
Article • May 15, 2007
Gay New York Prison Guard Sues over Harassment by The plaintiff complained of a course of severe anti-gay harassment of him in his employment by the prison system, apparently as a correction officer. Claims against DOCS and prison personnel in their official capacities were barred by the Eleventh Amendment, but …
Fifth Circuit Upholds Firing of Whistleblowing Guard by The plaintiff, a former corrections officer, reported an illicit use of force by staff members; she was told to revise her statement several times because it did not match the other officers' statements; an investigation ensued; shortly thereafter she was accused of …
Article • May 15, 2007
BOP Detainer Suit Dismissed by The plaintiff federal prisoner complained of a detainer lodged against him by Indiana. He asked for disposition of the Indiana charges as provided in the Interstate Agreement on Detainers, and was taken to Indiana for arraignment, then returned to federal custody, then taken back to …
Article • May 15, 2007
No Police or Hospital Liability for Catheterizing Motorist for Drug Test by The plaintiff ran out of gas and was walking down the road, without a coat in January. Sheriff's deputies concluded he was "bonkers" and "totally out of it," so they took him into custody, handcuffing him though they …
ADA Group Home Suit Not Moot by The plaintiffs' claim against a fire department of disability discrimination against a group home was not mooted by its changed interpretation of the fire code, since the interpretation might change back. At 574: "The defendant's burden is a heavy one to ensure the …
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