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Ohio Religious Grievance Process Doesn't Exhaust Claim by The plaintiff, who declared himself Jewish in prison, was denied various religious accommodations on the ground that he was "not Jewish enough." He used the general inmate grievance procedure, rather than the separate religious accommodation grievance procedure, and consequently did not exhaust. …
Article • May 15, 2007
Prison Officials Must Offer Evidence to Support Denial of Sukkot Booths by The plaintiff complained that the defendants interfered with his right to observe Sukkot in 1997 through 2000 by first failing to provide him with a Sukkah booth and then failing to secure the one they provided. (The chaplain, …
Article • May 15, 2007
Judge, not Magistrate Must Make Decision to Drug Criminal Defendant by The involuntary administration of medication to render a defendant competent for trial is not a matter that can be fully delegated to a magistrate judge; the principle of constitutional avoidance means that the Federal Magistrates Act should not be …
False Charges against Staff Not Unconstitutional by Correction officers subjected to allegedly unfounded disciplinary prosecutions could not bring a § 1983 suit for malicious prosecution. Even though New York State recognizes the tort of malicious prosecution based on administrative proceedings, the Supreme Court plurality said in Albright v. Oliver that …
Article • May 15, 2007
Virginia Jail Fees Upheld by The failure to transfer the plaintiff promptly to a prison from a local jail did not violate his rights, since an inmate has no constitutional right to be held in any particular prison. (805) Virginia's prison transfer regulations convey no liberty interest in a specific …
Article • May 15, 2007
Filed under: Excessive Force, Restraints
Indiana Handcuff Injury Suit Dismissed by The plaintiff refused to allow his handcuffs to be removed on re-entering his cell, so the defendant officers pulled his hands through the cuff port of the cell door and then removed the handcuffs, against the plaintiff's resistance, causing a cut to his left …
Article • May 15, 2007
Submission of Form Doesn't Violate Religious Beliefs by At 1136: "Plaintiff alleges that because she had sworn to God that she would not complete another Form 3971, defendant subjected her to religious discrimination when it required her to submit a properly completed Form 3971 after her absence on August 11, …
Article • May 15, 2007
BOP Work Release Appeal Dismissed When Defendant Still on Bail by The plaintiff challenged the refusal to place him in a community corrections center, rather than jail, pursuant to the Department of Justice's newly announced policy limiting such placements. He could seek habeas relief, since he was in custody by …
Article • May 15, 2007
Filed under: Limitations, Mail, Legal Mail
Legal Mail Use Required to Invoke Mail Box Rule by Rule 4(c)(1), Fed.R.App.P., allows an incarcerated appellant to rely on timely placement of a notice of appeal in the institution's internal mail system, but requires a declaration or notarized statement setting forth the date of deposit and that first-class postage …
Article • May 15, 2007
Filed under: Civil Procedure, Complaints
District Court Cannot Set Pleading Standards above FRCP 8 by The district court ordered the plaintiff to provide a "very detailed complaint against each person, separately numbered, what your claim is against that person and what evidence you have as of this date as against that person, and what legal …
Article • May 15, 2007
No One Liable in Jail Suicide of 16 Year Old by The plaintiff's 16-year-old grandson committed suicide in jail. He was placed in an observation cell and got lots of attention; after months he seemed better and was placed in general population after signing a "no-harm contract" pledging not to …
No Immunity for Prosecutors Who Conspire to Assault Prisoner by The plaintiff alleged that prosecutors conspired to have the plaintiff assaulted by other prisoners. At 604: "These actions, if true, would be quite outside the prosecutorial sphere, and thus the absolute immunity of prosecutors as quasi-judicial officers would not apply." …
No Remedy for Mexican Doctor Kidnapped, Tortured by DEA by The plaintiff, a Mexican physician, was believed by Drug Enforcement Administration officials to have assisted in the interrogation and torture of a DEA agent in Mexico, and was indicted in California. The DEA hired Mexican nationals to seize him and …
Article • May 15, 2007
Indiana Guard States Retaliation Claim by The district court should not have dismissed a correction officer's claim that after she voiced concern to a higher-level supervisor about a new policy not to search state vehicles entering the prison, and reported her observation of two staff members transferring material from private …
Challenge to BOP Denial of Pre Sentence Reports Must Be Brought As Civil Suit by The plaintiff, under the case number and caption of his 25-year-old criminal case, filed a motion challenging the Bureau of Prisons' policy forbidding inmates from retaining possession of their pre-sentence reports in their cells. At …
Article • May 15, 2007
Suit Dismissed for Failing to Timely Exhaust by The plaintiff sought to appeal his grievance two and a half months after an adverse decision; the deadline is four days, and his appeal was not allowed. Also, he wrote to the final appeal body without following the appeal procedure. He didn't …
Article • May 15, 2007
No Qualified Immunity Despite Lack of Case Law for False Arrest by A motel guest parked his large truck in front of his room, which the management did not approve of, and refused to move it. The manager called a deputy sheriff who, when the guest did not answer his …
Article • May 15, 2007
Cop Suing Under Title VII for Discrimination Entitled to Discovery by A police officer who sued under Title VII alleging racial discrimination was entitled to documentary discovery for a period of three years, "which this Court deems is more than enough time to prove her point." A study of racial …
Article • May 15, 2007
Lack of Indigent Defense in Oregon Suit Dismissed As Moot by Oregon had a budget crisis, so inter alia it suspended criminal proceedings against indigents and did not provide counsel for them. The district court abstained under Younger, and the court now dismisses as moot because the courts are back …
Article • May 15, 2007
Size Only One Factor in Class Certification by Plaintiffs seeking class certification need not prove the exact size of the class, just that it is so numerous that joinder "would be difficult or inconvenient." (122) Id.: Factors in determining impracticality of joinder include: judicial economy achieved from the avoidance of …
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