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Article • May 15, 2007
Michigan Court Requires Total Administrative Exhaustion of All Claims by Detailed allegations that a prisoner exhausted but did not receive a response at the final step sufficiently alleged exhaustion, even in the Sixth Circuit. The court refuses to apply Sixth Circuit law requiring the plaintiff to have named each defendant …
Article • May 15, 2007
Cover Up of Police Misconduct May Violate Court Access Rights by Allegations that after a drunken police officer ran over the decedent, other police officers conspired to select a sobriety test the officer might beat, delayed administration of the test, intimidated witnesses, and destroyed material evidence at the crime scene, …
Article • May 15, 2007
Searches of West Virginia Prisoners Leaving Exercise Yard Upheld by Routine searches upon leaving a recreation yard of high-security segregation prisoners are upheld under Turner. The practice is rationally related to defendants' security concerns of protecting staff from weapons and preventing the exchange of contraband. There are alternative means of …
Article • May 15, 2007
Prisoner Loses Dental Suit Against PHS by The plaintiff told the prison dentist that he wanted his remaining teeth pulled and to be provided with dentures. The dentist said he would try to avoid dentures and that the plaintiff had many sound teeth that he could keep with proper care. …
Article • May 15, 2007
Exposed Toilet in Maine Jail Upheld by The plaintiff alleged that he was placed in a cell where he was in the direct view of female prisoners in another cell when he performed his bodily functions. There is no evidence that any jail staff member knew that this was the …
Article • May 15, 2007
Class-wide Injunctions Rarely Appropriate in Individual Suits by At 273: "While district courts are not categorically prohibited from granting injunctive relief benefitting an entire class in an individual suit, such broad relief is rarely justified because injunctive relief should be no more burdensome to the defendant than necessary to provide …
Color Blindness is Major Life Activity Under ADA by Color Blindness is Major Life Activity Under ADA The plaintiff bus driver was found to be color blind and was told to resign or be terminated. He sued under the ADA, alleging that he was regarded by the Transit Authority as …
Censorship of Photos States §1983 Claim by Censorship of Photos States §1983 Claim The U.S. District Court for the Eastern District of Michigan held that a state prisoner's complaint that a prison mail room supervisor denied black prisoners nude photographs of white women while permitting white prisoners to have nude …
District Court Awards Attorney Fees on Forced Medication Claim by The U.S. District Court for the District of Utah awarded attorney fees and costs to a jail prisoner who complained of being forcibly medicated with psychotropic drugs. The fees awarded, however, were only about one-third the requested amount. Daniel Howard …
Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams by Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams The U.S. District Court for the Southern District of New York, on motions for partial summary judgment and to dismiss, held that a New York Department of Correctional Services …
Article • May 15, 2007
Prison Officials Denied Qualified Immunity in Strip Search of Visitor by The Eighth U.S. Circuit Court of Appeals reversed a district court's grant of summary judgment on grounds of qualified immunity a strip search of a prison visitor by Arkansas prison officials. Burlis Smothers, the mother of a prisoner at …
Article • May 15, 2007
Filed under: PLRA, Physical Injury Rule
Fourteenth Amendment Claims Not Exempt from Physical Injury Requirement by The U.S. District Court for the Southern District of Iowa held that hypertension, by itself, is insufficient to satisfy the physical injury requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. §1997e(e), and that Fourteenth Amendment (equal protection) claims …
Effective Assistance of Counsel Not a Right in Civil Litigation by The U.S. Eighth Circuit Court of Appeals has affirmed a district court's refusal to appoint substitute counsel and, following a prior appellate decision, held that civil litigants have no right to effective assistance of counsel. William L. Taylor was …
Article • May 15, 2007
Prison Doctors Denied Summary Judgment on Deliberate Indifference Claim by The U.S. District Court for the District of Hawaii denied summary judgment to five prison doctors at the Maui Community Correctional Center (MCCC) and the Halawa Correctional Facility (HCF) in Hawaii in a claim of deliberate indifference to a serious …
Sixth Circuit Finds No Deliberate Indifference in Prison Employee's Death by The U.S. Sixth Circuit Court of Appeals affirmed a district court's grant of summary judgment to officials of the Michigan Department of Corrections (MDOC) and the Huron Valley Men's Facility (HVMF) in a case alleging that a prison employee's …
Article • May 15, 2007
Fifth Circuit Vacates Summary Judgment in Sheriff's Property Liability Case by The U.S. Fifth Circuit Court of Appeals vacated and remanded a grant of summary judgment to a county and its surety company in a case involving a deputy sheriff's theft of property. Gerald and Tonya Henley were arrested and …
Summary Judgment Denial Reversed, Mail Restrictions Okayed by The U.S. Second Circuit Court of Appeals reversed and remanded a New York District Court's denial of prison officials' summary judgment motion in a mail restriction case. Duat A. Duamatoff is a New York Department of Correctional Services (DOCS) prisoner. In 1995, …
Class Action Suit Doesn't Affect Individual Damage Suits by The court of appeals for the Seventh circuit held that a district court in Illinois erred in dismissing a prison conditions suit filed by Illinois prisoners. The appeals court tersely noted this was the third time it had remanded the case …
$75,000 Awarded to Prisoner for Inadequate Medical Care by $75,000 Awarded to Prisoner For Inadequate Medical Care An Iowa prisoner escaped from prison and shot two cops. When captured he was badly beaten and then denied medical treatment for his injuries. He filed suit and at trial he was awarded …
Prisons Have Affirmative Duty to Protect Prisoners from Rape by Prisons Have Affirmative Duty to Protect Prisoners From Rape The court of appeals for the Fourth circuit affirmed a Maryland district court's injunction at 449 F. Supp. 473 (D MD 1978) requiring a prison to protect prisoners from sexual predators …
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