Skip navigation

Search

71925 results
Page 2209 of 3597. « Previous | 1 2 3 4 ... 2205 2206 2207 2208 2209 2210 2211 2212 2213 ... 3593 3594 3595 3596 3597 | Next »

Article • May 15, 2007
Filed under: Sentencing, Parole
No Liberty Interest in NY Parole Laws by There is no liberty interest in the possibility of parole release in New York, since the statutes and regulations do not require parole unless specified conditions are found to exist. Nor do parole procedures violate the Ex Post Facto Clause, since that …
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
Stripping Detainees Naked for Hours States Claim by The plaintiffs are arrestees who refused to answer suicide screening questions. They were treated as posing a suicide risk and were placed in a cell completely naked for periods from 6 to 18 hours, subjected to video surveillance and in most cases …
Article • May 15, 2007
Police Not Liable for Killing Bystander During Chase by A municipality cannot be held liable for a constitutional violation under § 1983 unless there is a violation by individual officers. The court repudiates its prior decision to the contrary, Williams v. City and County of Denver, 140 F.3d 855 (10th …
Confession Not Linked to Tasering by The plaintiff's allegation that while in jail in Gwinnett county awaiting trial he was held in solitary confinement, shocked with a stun gun, and denied a shower for three months did not render his confession involuntary because he did not show a causal relationship. …
School Officials May Be Liable for Teacher Choking Student by At 251: The Supreme Court has encouraged lower courts in appropriate circumstances "to determine first whether the plaintiff has alleged a deprivation of a constitutional right at all," before reaching the question of whether the right was clearly established at …
Article • May 15, 2007
NM Jailers Entitled to Qualified Immunity for Not Releasing Prisoner by The plaintiff obtained an order stating that he should be released from the Taos County Adult Detention Center; however, by then he was at the Bernalillo County Detention Center. Officials at the latter were entitled to qualified immunity for …
Article • May 15, 2007
SD Prison Officials Not Liable for Suicide by The decedent committed suicide. About 10:30 that morning, he asked his case manager if he could make a phone call, but he wasn't on the authorized list for that day. He made an unauthorized call to his ex-wife and said he was …
Article • May 15, 2007
Not Allowing Prisoner to View Disciplinary Video Upheld by The petitioner was disciplined for stealing a mattress, as supposedly revealed by a videotape; he was not permitted to see the videotape because prison officials "did not want the offenders to know the capabilities of the cameras for security reasons." The …
Article • May 15, 2007
Jail Denial of Asthma Inhaler Upheld by The plaintiff was deprived of his asthma inhaler when he was jailed, supposedly pursuant to state standards stating that "all medications must be secured and accessible only to designated staff," and also because inhalers can be fashioned into weapons or produce a high …
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).
Page 2209 of 3597. « Previous | 1 2 3 4 ... 2205 2206 2207 2208 2209 2210 2211 2212 2213 ... 3593 3594 3595 3596 3597 | Next »