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Article • May 15, 2007
Female Only Guard Posts Approved by The Ninth Circuit Court of Appeals held a policy at Hawaii's Women's Community Correctional Center that designates six posts as available as only assignable to women guards is a reasonable response to concerns about prisoner privacy and allegations of abuse by male guards. The …
Article • May 15, 2007
Filed under: Medical, Skeletal Injury
$500 Award in Prisoner Medical Neglect Claim by Allen Moore, a prisoner at the Sin Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, alleging that they failed to provide him with proper medical care for a back and hip injury. In 1992, Moore, injured his back …
Jail Liable for Distress Caused by Hostage Training by The defendants created a training exercise intended to prepare jailers for a hostage situation, and did entirely too good a job of it, according to the plaintiff jailers. They enlisted two probationary jailers to play inmates. They were allowed into the …
NY SHU Conditions Case Dismissed Under Physical Injury Rule by Pushing the plaintiff into his SHU cell after he unzipped his pants and turned around to face the officers, and at one point raised his fist, did not violate the Eighth Amendment even though his head struck the wall giving …
Texas Rioting Infraction Upheld by The plaintiff was found guilty at a disciplinary hearing of participating in a prison riot and sentenced to 10 years' loss of good time among other things. The court notes that whether there is a liberty interest in good time in Texas is undecided, but …
Article • May 15, 2007
Virginia Grooming Rules Upheld by The plaintiffs challenged a grooming policy requiring short hair, prohibiting facial hair except for trimmed mustaches, and prohibiting braids, plaits, dreadlocks, cornrows, partially shaved heads, designs, etc. There is a medical exception but not a religious one. The policy is modeled after the South Carolina …
Article • May 15, 2007
PI Granted to Disclose Records Under PAMII by The plaintiff, an organization with authority under Protection and Advocacy for Mentally Ill Individuals ("PAMII") (a/k/a PAIMI), has the authority to investigate incidents of abuse and neglect and to have access to the records and facilities of publicly and privately run institutions, …
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
CMS Doctor Not Liable for Delaying Bone Graft by The plaintiff saw a specialist who said he needed a bone graft procedure immediately, and the prison doctor defendant recommended that he get it. Nine months later, the same specialist said there was no need for further evaluation or surgery, and …
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
Alabama Jail Still not Liable for Suicides by The plaintiff, a crack addict with a history of suicidal ideation and other psychiatric problems, was arrested for shoplifting and behaved in a deranged fashion. Once locked up, she calmed down, but then starting tearing up her mattress and tied part of …
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 …
Brutality Claim Set for Trial by The plaintiff complained of failure to protect from inmate assault, excessive force, and retaliation for his successful appeal of a protective custody placement. The failure to protect claim is dismissed for non-exhaustion even though the plaintiff alleged that he did not file grievances because …
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
Law Library Denial Didn't Prevent Habeas Filing by The petitioner failed to file his state post-conviction relief petition timely, so claims not raised on direct appeal are procedurally defaulted. At 984: Petitioner alleges that acts of the State, in keeping him from the law library for a time and confiscating …
Individual Prison Officials Not Liable Under FLSA by Correctional officers sued prison officials in their individual capacities, not their official capacities, over alleged Fair Labor Standards Act (wage and hour) violations, in order to avoid the Eleventh Amendment bar against official capacity suits. However, the defendants in their individual capacities …
Article • May 15, 2007
District of Columbia Sex Offender Registration Unconstitutional by The public notification provisions of the D.C. Sex Offender and Registration Act deny due process because they provide no opportunity for sex offenders to contest whether such notification is necessary to protect the public. There is a liberty interest under the "stigma-plus" …
Suit Over NY Protective Custody Conditions Dismissed by The plaintiffs complained of conditions in protective custody. They could not represent a class because they were proceeding pro se. The case is dismissed for non-exhaustion. Even if one plaintiff's letters of complaint were adequate to exhaust (which they probably are not), …
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