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Article • May 15, 2007
District Court Erred in Appointing Court Monitor by In the litigation about the Department of the Interior's mismanagement of the Indians' money, the district court erred in reappointing a court monitor over the government's objection. The monitor was charged to "monitor and review" all trust reform activities and to report …
Article • May 15, 2007
Snitch Jacketing Dismissed for Failing to Exhaust by The court acknowledges the "alternative" emergency grievance procedure. Defendants say plaintiff didn't appeal to the Central Office Review Committee, submitting an affidavit to that effect by grievance director Eagen. At 246: However, the record regarding the grievances filed by plaintiff is not …
Punishment of Mentally Ill Prisoner Upheld by The plaintiff state prisoner, who has schizophrenia with a history of violent behavior and fire starting, was subjected to disciplinary sanctions for his misbehavior. He was not disciplined for refusing his medication, though he was once threatened with discipline. At 625: "Plaintiff had …
Article • May 15, 2007
Monitored Jail Phone Calls Admissible Evidence by The criminal defendants' telephone conversations were tape-recorded pursuant to standard jail policy. They could be used as evidence notwithstanding the protections against telephone surveillance of the Omnibus Crime Control and Safe Streets Act. Their recording fell into the statute's exception for interception "by …
Al Qaida Prisoners Time Magazine Censorship Upheld by Here is a paradigm case, indeed a poster child, of the judicial avoidance of uncomfortable issues. The criminal defendant, the famous "shoe bomber," residing in the Florence, Arizona maximum security prison, complained of Special Administrative Measures (SAMs) denying him incoming mail determined …
Article • May 15, 2007
Prisoner Charged With Perjury Over Statements to INS Officials by The criminal defendant was charged with perjury for statements he made in an interview in prison with an Immigration and Customs Enforcement inspector. The defendant was in custody even though the interview was not part of a criminal investigation initially. …
Confiscation of Prisoner Author's Book on Anarchy States Claim by The plaintiff alleged that he was attempting to write a book titled "A for Anarchy," and his materials were confiscated and destroyed. On initial screening, the court declines to dismiss at the pleading stage. The Seventh Circuit has held that …
No Qualified Immunity for Mental Hospital Strip Searches by The individual plaintiff was subjected to a strip and body cavity search on his voluntary admission to a civilian mental hospital pursuant to a standing order applicable specifically to him. Disability Advocates, Inc., a PAMII organization, is also a plaintiff. The …
Article • May 15, 2007
ADEA Claims Must be Properly Exhausted by ADEA claims are within the "scope of the EEOC charge" if they are reasonably related to the charge, i.e. if they are within the scope of the investigation that could reasonably be expected to grow from the original complaint." (527) When the charge …
No Heck Bar to Disciplinary Challenge Not Involving Good Time by The Spanish-speaking plaintiff alleged that he was disciplined for failing to obey an order given in English. The district court dismissed without prejudice the claim against the officer who wrote the disciplinary charge for lack of personal involvement. The …
Challenge to BOP Law Enforcement Notification Law Dismissed by A Bureau of Prisons regulation requiring notice to state and local law enforcement officers of release of persons with current or prior convictions for drug trafficking or crimes of violence does not deny due process. The plaintiff does not have a …
Jail Liable for Guard's Rape of Female Prisoner by The plaintiff was sexually abused by a jail officer on two occasions. The plaintiff denied this conduct when jail administrators investigated based on another prisoner's report. She filed a grievance upon leaving the jail and the officer was suspended and a …
Article • May 15, 2007
Federal Court Reaches Merits of Michigan Disciplinary Habeas by The petitioner challenged a disciplinary proceeding in which he lost good time after exhausting state judicial remedies. Under AEDPA, a federal court in habeas is bound by state court determinations unless they are contrary to or involve an unreasonable application of …
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 …
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