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$135 Award in Prisoner Wrongful Confinement Suit by William Mingues (Underwood), a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him in the Special Housing Unit (SHU), for an excessive amount of time. In August of 2000, Mingues, was …
Article • May 15, 2007
Class Action Allowed in County Jail Strip Search Cases by The U.S. Court of Appeals for the First Circuit has approved class certification in two jail strip search cases. The cases were both brought in the U.S. District Court for the District of Maine and challenged the strip search policies …
Article • May 15, 2007
Qualified Immunity May Not Be Pled For the First Time in a Motion For Reconsideration by Mark Farquhar, a California state prisoner, prevailed on summary judgment in a federal district court on a claim that prison medical staff had been deliberately indifferent to his medical needs. Dr. William Cain, a …
Article • May 15, 2007
Certified Court Records Not Hearsay by Brian Benefiel was released from the Washington State prison system after serving a sentence for attempted second degree assault. He didn't report to his supervising community corrections officer, for which he was arrested and charged with escape from community custody. A certified copy of …
Article • May 15, 2007
IL Guard's Challenge to Her Dismissal Held Untimely by Erma Rodriguez, a jail guard, was fired by the Sheriff's Merit Commission of Kane County, Illinois (Commission). A copy of that decision was mailed to her on May 23, 2003. She filed for review by a Kane County trial court on …
Article • May 15, 2007
CA Prisoner Properly Convicted of Conspiracy to Furnish Controlled Substance to a Prisoner by Deandre Lee was convicted of conspiracy to furnish a controlled substance to a prisoner under Cal. Pen. Code 4573.9 after his wife was caught trying to deliver drugs and tobacco to him in a California prison. …
Article • May 15, 2007
Release of Police Personnel Files Not Due Process Violation by Police officer Andre Dyer's federal civil rights judgment for due process violations against the City of Little Rock was reversed by the Eighth Circuit Court of Appeals. Dyer and another officer, Jerry Hart, alleged that the city had violated their …
District Court Adopts Prison Official's Plan To Reduce Violence by Following their finding of an Eighth Amendment claim in the excessive level of inmate-inmate and staff-inmate violence at the Correctional Institute For Men (CIFM) in New York City (see Fisher v. Koehler L. 692 F.Supp. 1519), the district court held …
Article • May 15, 2007
Class Properly Certified in House Demolition Case by The plaintiffs alleged a policy of demolishing repairable homes without notice in black areas, consistently with prior overt racial classifications. Defendants appeal class certification interlocutorily and the court starts by addressing standing. It finds standing to seek remedies against ongoing harm, but …
Article • May 15, 2007
Filed under: Civil Procedure, Mootness
Voluntary Cessation of Practice Does Not Moot Suit by . . . [T]he general rule that voluntary cessation of a challenged practice rarely moots a federal case . . . traces to the principle that a party should not be able to evade judicial review, or to defeat a judgment, …
Article • May 15, 2007
Removal of Disruptive Pro Se Plaintiff during Cross Examination Upheld by A pro se prison plaintiff was removed from the courtroom during the trial after he persisted in disrupting the cross-examination of one of his witnesses (an adverse witness) with frivolous objections. After the cross-examination was over, he was allowed …
Article • May 15, 2007
Courts Can Enforce Settlements by When a court retains jurisdiction to enforce a settlement agreement, it may extend the life of that agreement in order to obtain compliance with it, even if the agreement contained a defined end date. The Eleventh Amendment did not forbid further relief, since the defendants …
Article • May 15, 2007
No New Trial in NY Beating Suit that Plaintiff Lost by The plaintiff alleged excessive force; a jury found for the defendants; the plaintiff moved for judgment as a matter of law. The ten-day limit on such motions is jurisdictional, but it runs from the date the actual judgment is …
Article • May 15, 2007
No Reconsideration of Summary Dismissal by The court granted summary judgment against the plaintiff with respect to his medical care for Tailor's bunions, tinnitus, allergies, etc. 155 F.Supp.2d 77. Now it denies his Rule 59(e) motion for reconsideration on the ground that it just restates his earlier arguments or relies …
Article • May 15, 2007
Some Damages Allowed in Visiting Suit by Plaintiffs are visitors and prisoners who were involved with staff in an altercation in the jail. They withdrew their claim of "psychiatric injuries," and defendants then claimed they could recover only nominal damages absent physical injury. The court concludes that the plaintiffs have …
Article • May 15, 2007
Police Surveillance Consent Decree Modified by The court directs modification of a consent decree intended to protect First Amendment activity against police surveillance by removing various onerous requirements ("a dizzying array of highly specific restrictions") while preserving the prohibition on investigations intended to interfere with or deter protected activity and …
CA Attorney General May be Sanctioned for Lying in Prison Case by A defense attorney in prison litigation who made reckless misstatements of law or fact could be sanctioned under the court's inherent powers when recklessness was combined with frivolousness, harassment, or improper purpose. Here, a conditional habeas judgment said …
Article • May 15, 2007
Pro Se Litigants Must be Informed of S.J. Consequences by At 414: . . . [W]e reemphasize that our practice is to vacate summary judgment dismissals against a pro se litigant when the pro se is unaware of the consequences of failing to adequately respond to the motion for summary …
Article • May 15, 2007
Consent Decree Modification Discussed by Consent decrees, being injunctions, can be modified, and their modification is reviewed for abuse of discretion only. However, they are also contracts, and that plus the concern that easy modification would deter settlements has led to "significant cabining" of district courts' discretion. But the old …
Article • May 15, 2007
Filed under: Civil Procedure, Discovery
Suit Dismissed as Discovery Sanction by The plaintiff's complaint is dismissed for discovery abuse; he refused to respond to defendants' interrogatories because he believed the defendants had abused discovery in other litigation against him. See: Lindstedt v. City of Granby, 238 F.3d 933 (8th Cir. 2000).
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