Skip navigation

Search

71868 results
Page 2162 of 3594. « Previous | 1 2 3 4 ... 2158 2159 2160 2161 2162 2163 2164 2165 2166 ... 3590 3591 3592 3593 3594 | Next »

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 …
Article • May 15, 2007
FBI Waived Timeliness Defense by Not Raising It in Administrative Proceedings by The plaintiff sued alleging employment discrimination under the Rehabilitation Act. His administrative complaint was arguably late, but the agency found that it was timely and did not assert a timeliness defense until after suit was filed. At 74: …
Article • May 15, 2007
EEOC Complaint Must Allege Scope of Later Litigation by At 131: "The purpose of the charge and government investigation is to address and resolve discrimination charges as quickly and inexpensively as possible, without the cost and duration of formal litigation. The scope of any subsequent lawsuit is limited to 'the …
Article • May 15, 2007
12 Day Delay Between Arrest, First Court Appearance Illegal by The law is clearly established that a pre-trial detainee cannot be held for 12 days before being brought before a judge or allowed to pay bail. This is another case where the plaintiff was picked up on a warrant, there …
Forced Prayers in Drug Treatment Program May Violate Establishment Clause by The plaintiff alleged that she enrolled in a voluntary drug treatment program which turned out to close every day with a prayer ceremony. Though she was not required to verbalize a prayer, she was required to participate by standing …
Article • May 15, 2007
Police Beating Suit Not Barred By Heck by The plaintiff alleged that he was unlawfully seized, arrested without probable cause, and subjected to excessive force. His claims concerning the seizure and arrest were barred under Heck v. Humphrey because of pending criminal charges for resisting arrest, but the claim of …
Article • May 15, 2007
Failure to Exhaust Dismissals Count as PLRA Strike by Failure to Exhaust Dismissals Count as PLRA Strike The plaintiff argued that a previous case should not be counted as a strike because some claims were dismissed as frivolous but others were dismissed for failure to exhaust. Another judge has already …
Challenge to Prison Library Purge Properly Exhausted by Plaintiff challenged prison censorship on the ground that similar books to those he was denied were in the prison library; so they purged the prison library of 21% of its contents, e.g., Sophie's Choice, Myra Breckinridge, and "a number of works by …
Page 2162 of 3594. « Previous | 1 2 3 4 ... 2158 2159 2160 2161 2162 2163 2164 2165 2166 ... 3590 3591 3592 3593 3594 | Next »