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Article • May 15, 2007
No Counsel for Asthmatic Forced to do Field Work by The plaintiff alleged that he had been required to perform certain field work (hoeing on a dusty road, digging a ditch, and helping spread dirt) despite having asthma. However, prison officials did so only after consulting with medical personnel. The …
Article • May 15, 2007
Forcible Drugging of IL Prisoner Upheld by The plaintiff complained of being medicated against his will. Defendants followed their procedures, which are constitutional, except that the plaintiff never received a decision on his appeal to the Medical Director. At 880: ". . . [T]he failure of the prison officials to …
Article • May 15, 2007
Partial Disrobing Qualifies as Strip Search by Strip searches incident to arrest must be justified by facts pertaining to the particular arrest, such as the nature of the charge or other circumstances, but cannot be justified by factors relating to the correctional facility. Therefore the commingling of misdemeanor arrestees with …
BOP Prisoner Bystander Hurt in Gang Fight States FTCA Claim by The plaintiff sued under the Federal Tort Claims Act alleging that prison staff negligently permitted him to be injured as a result of a gang fight in which he was not involved, and that he did not receive proper …
Article • May 15, 2007
$41,000 Jury Verdict for Pepper Sprayed CT Motorist by The plaintiff allegedly "confronted" police officers at a traffic stop and was sprayed in the face with capstun. She was yelling and kicking in the patrol car because she was having a strong reaction to the capstun, could not see and …
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 …
County May be Liable for Hogtying Death of Arrestee by Hog-tying an obviously mentally deranged suspect constituted excessive force, though the individual defendants were entitled to qualified immunity because it was not clearly established that such conduct was unlawful. However, defendants are not entitled to immunity under state law because …
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: Searches, Police Searches
Complaint Against Police Survives Motion to Dismiss by The plaintiffs complained of a warrantless search and use of force by police officers. At 994: The City argues that the appropriate standard for a motion to dismiss is "not whether plaintiffs can demonstrate a set of facts, but rather, . . …
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).
Article • May 15, 2007
Sexually Intrusive Public Pat Search Violates Constitution by The plaintiff was arrested on misdemeanor noise charges and subjected to a search that amounted to a pat frisk inside her dress, under which she was wearing nothing, in which the officer allegedly swiped his hand across her groin area, at which …
Parole Condition Banning Pornography Too Vague by The defendant, convicted of possessing child pornography, was forbidden as a condition of post-incarceration supervised release to possess any pornography, child or otherwise. The court rejects the government's position that the condition isn't ripe for judicial review until it is enforced, since it …
Article • May 15, 2007
Prior Disciplinary Actions against Police Inadmissible by In a police brutality case, evidence pertaining to prior, unrelated disciplinary actions against the arresting officer is held inadmissible in the absence of a showing of any purpose other than to show that the officer acted in conformity with his character, which is …
Retaliation Claim Doesn't Require Exhaustion by A complaint of individualized retaliatory action is not a prison conditions claim requiring exhaustion of administrative remedies. At 185: "The plain language of 'prison conditions' suggest those aspects of prison life affecting the entire prison population, such as the food, medical care, recreational facilities, …
Article • May 15, 2007
Filed under: Medical, Kidney
Delay in Kidney Dialysis Not Serious Medical Need by The plaintiff suffered from complete kidney failure and was supposed to receive dialysis three times a week, but told jail intake personnel that missing appointments was "no big deal" and he had "missed them before." He missed one appointment because he …
Police Immune in Pepper Spraying Death by Police detained the decedent for emergency psychiatric evaluation (he was lying in the road yelling "get it off me"), used pepper spray and placed him restrained and face down in the police car; he was discovered face down in the emergency room, dead. …
Suit over Door Injury Medical Co-Pay Dismissed by The plaintiff alleged that he was injured when a metal door closed on him and that he waited 90 minutes for medical attention. The claim about the door is dismissed as constituting only negligence. The medical care claim is dismissed for lack …
Article • May 15, 2007
Jail Crowding Alone Not Unconstitutional by The plaintiffs were housed in two-person cells adapted for three prisoners. The space in the cells (81 to 96 square feet, with 35 to 40 square feet of unencumbered floor space) did not permit all three prisoners to be off their bunks at the …
Article • May 15, 2007
Courts Can Enforce Stipulated Settlements by The plaintiff, a part-time building code enforcement officer, alleged that he had been discharged in violation of the First Amendment. He obtained a "so ordered" settlement agreement granting reinstatement, back pay, and attorneys' fees. Subsequently the village changed its policy concerning part-time work so …
Article • May 15, 2007
Suicide Suits Must be Filed by Decedent's Estate by The plaintiff sued the Sheriff because her son committed suicide in his jail. She sued in her own behalf and not as representative of her son's estate. The plaintiff does not have standing to assert her son's rights and recover for …
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