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Article • May 15, 2007
Native American Religious Restrictions Upheld by The Native American plaintiff complained of various religious restrictions. The defendants would not let the plaintiff "smudge" with herbs (i.e., burn them), but would allow him to use "nonaddictive tobacco" (what's that?) instead. The policy is a generally applicable regulation, not promulgated to punish …
Article • May 15, 2007
$282,500 Awarded in NY False Arrest and Beating Suit by In a police false arrest/excessive force case, the court awarded $275,000 in compensatory damages and $7500 in punitive damages, and found that the City maintained a municipal policy and practice that had caused the violation. Fees are awarded up to …
Article • May 15, 2007
BOP Denial of Bone Marrow Transplant Questioned by The plaintiff complained that the Federal Bureau of Prisons in Missouri refused him an autologous bone marrow transplant. The court affirms the district court's dismissal because during the pendency of the appeal the plaintiff was permitted to take the first steps toward …
Article • May 15, 2007
Complaint Must State Defendant's Capacity When Sued by The plaintiff did not explicitly plead that she was suing the defendant police officers in their individual capacities, though she says so now. The court invoked the Eighth Circuit's rigid rule on this point and then denies her motion to file an …
Article • May 15, 2007
Alabama Jail Not Liable for Suicide by Here's another cookie-cutter jail suicide case. The decedent, who had twice before tried to kill himself and had been placed on suicide watch during his previous stays in the jail, was arrested for DUI, driving without a license, and possession of drugs and …
Article • May 15, 2007
Restrictions on Voodoo Practices Upheld by The plaintiff alleged that the defendants' refusal to allow items needed for his religious practice including oils, powders, incense, candles, botanicals (roots, herbs, barks and berries), stones, Talisman, and charm bags violated the First Amendment. His complaint identified his religion as Egyptian Freemasonry, but …
Article • May 15, 2007
Court Dismisses Dental, Diet and TB Suit by A prior decision collaterally estopped the plaintiff's claim about placement in isolated confinement when she received a positive tuberculosis test. The fact that the prior decision involved a different prison and different defendants did not matter, since the plaintiff was a party …
Retaliatory Transfer, Arm Smashing by Guards, Denial of Care State Claim by The plaintiff complained that an officer intentionally smashed his hand and arm in the food slot in his cell door, and then denied him medical care. He recounted a second incident of the same nature, plus additional incidents …
Article • May 15, 2007
Court Dismisses Kansas Beating Suit by The plaintiff alleged excessive force but did not respond to defendants' summary judgment motion, though he filed a verified complaint with affidavit attached. Defendants' version, not specifically controverted by the plaintiff, is that they used necessary force to subdue an actively resisting prisoner. The …
Five Hour Delay in Treating Beaten Arrestee Okay by The deaf plaintiff alleged that he was arrested because of his disability (i.e., because he didn't sufficiently cooperate with police because he couldn't hear what they were saying). Police investigative activities are "government programs" under the Americans with Disabilities Act, as …
Sheriff Not Liable in Prisoner Attack by The plaintiff alleged that he was assaulted by another prisoner after that prisoner had twice threatened him in the presence of a staff member, who did nothing despite the plaintiff's requests to be moved. The plaintiff alleged that the assailant should have been …
Article • May 15, 2007
Administrative Exhaustion for Kidney Transplant Habeas by Petitioner filed a habeas petition to get a furlough so he could get a kidney transplant. The court dismisses for non-exhaustion without commenting on the fact that this is a habeas proceeding, whether it is a proper habeas proceeding, whether the PLRA should …
No Immunity for Beating Delaware Prisoner by The plaintiff alleged that he did not lock in during an alarm when the signal was given because he was in the shower and didn't hear the signal. He was then beaten by the riot squad, further beaten as he was taken to …
Beating Claim Exhausted When Defendants' Don't Respond by The plaintiff alleged that he was twice assaulted by the Quick Response Team; on neither occasion was he resisting, and on one he was in restraints. The defendants claimed they used necessary force to subdue him. At 458: ". . . [P]laintiff …
Investigators Retaliation Claim Set for Trial by The plaintiff, an internal affairs investigator, received information that excessive force had been used by staff during a riot. His superiors complained about his report and told him to revise it. He revised it twice at their behest. Subsequently, he said, he was …
Article • May 15, 2007
No Federal Claim Where Wife Took Prisoner's Social Security Funds by The plaintiff alleged that the defendant, his daughter, who had his power of attorney, took his social security disability benefits while he was in prison. However, the court lacks jurisdiction over the claim, since the plaintiff cited no statutory …
Article • May 15, 2007
Filed under: Excessive Force, Restraints
Tight Handcuffs State Claim by The plaintiff, who had a pre-existing deformity of his wrist, complained of being handcuffed too tightly and being pulled, kicked, and pushed during an arrest. These allegations would not state a claim absent injury, but the injury need not be significant, and unspecified injuries to …
Article • May 15, 2007
Detention in Underwear Upheld by The plaintiffs, after arrest, were placed in jail cells in their underwear, and their outer clothing was removed in the presence of female officers. This allegedly was to prevent suicide (three of four plaintiffs refused to answer relevant questions), and they retained their underwear only …
Parole Board Can Consider Dismissed Sex Offenders by The plaintiff's sex offense charge had been dismissed as part of a plea bargain, with the parole board forbidden to consider it. Seventeen years later, prison staff classified him as in need of sex offender treatment. He was paroled and then his …
ADA Claim Dismissed for Non Exhaustion by The plaintiff brought an ADA suit against prison staff. He "stated that he had not exhausted his administrative remedies because, when he asked his counselor, one of the defendants, for a grievance form, the counselor told him to get out of his office." …
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