Skip navigation

Search

71868 results
Page 2168 of 3594. « Previous | 1 2 3 4 ... 2164 2165 2166 2167 2168 2169 2170 2171 2172 ... 3590 3591 3592 3593 3594 | Next »

Article • May 15, 2007
Prison Officials Failure to Respond to Grievance Must be Raised in Lower Court by At 1085: "Prison officials' failure to timely respond to a grievance could be a basis for a prisoner to show that he exhausted 'available' administrative remedies." At 1086: "Significantly, however, we find no evidence in the …
Catheterizing Motorist for Urine Sample Suit Dismissed by The plaintiff alleged that he ran out of gas and Sheriff's deputies took him to a hospital and requested he submit to a urine analysis; when he could not urinate with a room full of people watching him, the deputies tackled him …
Article • May 15, 2007
Beating Noisy Arkansas Prisoner Unjustified by The plaintiff's allegation that he was sitting on a bench in a cell and two guards entered and beat him was sufficient to withstand summary judgment. The fact that he had been yelling and kicking the walls previously did not provide a basis for …
Texas Failure to Protect, Retaliation Claims Dismissed by The plaintiff's injunctive and declaratory claims concerning failure to protect him are mooted by his transfer to another prison. At 522: "A plaintiff-prisoner may avoid dismissal of his equitable claims for mootness if he shows 'either a "demonstrated probability" or a "reasonable …
Article • May 15, 2007
No City Liability for Policeman's Sexual Assault, Strip Search of Minor by The plaintiff, a minor, was a passenger in a car whose driver was in possession of marijuana. The plaintiff was strip searched at the police station and the officer later made sexual advances toward him and restrained him …
Article • May 15, 2007
Post Incarceration Proposed Residence Doesn't Establish Diversity in Forfeiture Action by Post Incarceration Proposed Residence Doesn't Establish Diversity in Forfeiture Action The plaintiff established a trust pursuant to a plea agreement to shelter his 24-acre Texas farm from forfeiture, with his children as beneficiaries, and now there is a dispute …
Article • May 15, 2007
Third Circuit Terminates Prison Paralegal Clinic Injunction by Prison officials moved to terminate an injunction requiring a prisoner-run law clinic. Plaintiffs conceded that there was no current and ongoing constitutional violation, but said if the judgment is terminated there will be because the defendants will shut down the clinic. At …
Article • May 15, 2007
Filed under: Civil Procedure, Estoppell
No Estoppel for Failing to File EEO Notice by The plaintiff failed to seek EEO counseling within 45 days of the act she alleged was discriminatory and then failed to file an administrative complaint within 15 days after receiving a notice of the right to file it. Equitable tolling and …
No Liability for Arrestee Who Chokes to Death on Vomit While Wearing Spit Mask by The decedent was arrested for public intoxication based on ample visible evidence, and vomited in the police cruiser. He had a large amount of fluid in his mouth, which he refused to spit out until …
Article • May 15, 2007
Class Settlement No Bar to Federal Parolee's Damages Suit by The plaintiff was arrested on a parole violation warrant; the charges were dismissed a few months later and plaintiff's lawyer notified parole authorities; the government said the case remained "open and ongoing" despite the failure to return an indictment. After …
Article • May 15, 2007
D.C. Court Upholds BOP Work Release Policy Change by The Department of Justice abruptly changed its policy to forbid service of prison sentences in community correction centers. The prior policy was to honor judicial recommendations that sentences be served in a community correction center. The new policy did not deny …
Article • May 15, 2007
Title VII Plaintiff Can Rely on EEO Statements for Exhaustion Purposes by The court applies equitable principles to excuse the plaintiff from exhausting one aspect of her Title VII claim because she withdrew the relevant administrative charge based on the incorrect advice of an EEO counselor. At 17-18: "Failure to …
Article • May 15, 2007
Police Must Produce Informant Used to Justify Drug Raid by The plaintiffs alleged that they were unlawfully subjected to a drug raid which the City said was based on information from a confidential informant. At 510: ". . . [A]s a condition precedent for invoking the informer's privilege, the government …
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 …
Page 2168 of 3594. « Previous | 1 2 3 4 ... 2164 2165 2166 2167 2168 2169 2170 2171 2172 ... 3590 3591 3592 3593 3594 | Next »