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Article • May 15, 2007
City Not Liable for Police Acting on Unenforceable Arrest Order by The plaintiff brought suit after police officers acted on an unenforceable out-of-state custody order. The court affirms the finding of no municipal liability. At 645: "We agree that Plaintiffs were not required to prove a pattern of constitutional violation, …
Article • May 15, 2007
No Immunity for California Cops Leaving Mentally Ill Man in Vegetative State by The defendant police officers decided to take the mentally ill plaintiff into custody for his own safety, so they knocked him down and put their knees into his back and neck. Now he is in a permanent …
Article • May 15, 2007
Police Beating Award Reduced by An award of $400,000 in compensatory damages was excessive in a police abuse case involving egregious misconduct but only soft tissue injuries. Punitive awards of $625,000 for excessive force and $650,000 for abuse of process (for which nominal damages were awarded) were excessive. The court …
Article • May 15, 2007
Work Release Lacks Standing to Challenge BOP Policy by The operator of a community corrections center challenged the Department of Justice's policy change barring persons sentenced to prison from being placed in a community corrections center except near the end of their sentences. The operator lacked prudential standing to raise …
Title VII Claim Against NY Jail by Employee Proceeds by The plaintiff correctional employee alleged discrimination based on national origin and retaliation for defending himself against discrimination charges in a Title VII administrative complaint, but in the subsequent lawsuit asserted a claim of racial discrimination. The plaintiff may pursue the …
Pennsylvania Parole Whistleblower Suit Dismissed by Speech concerning racial discrimination in parole determinations is a matter of public concern, since it implicates the process of effective self-governance and equal protection under the law." (397) However, the plaintiff staff member's interest in distributing inmate psychological records in an effort to reveal …
Article • May 15, 2007
Damages Awarded for Denial of Voting Rights by The Arkansas Plaintiffs were awarded $500 to $2,000 for deprivation of voting rights. The appeals court had previously said that they "should be entitled to more than nominal damages. Moreover, humiliation, embarrassment, and mental anguish are compensable." (1211) If there is an …
Article • May 15, 2007
Filed under: Classification, Transfers
BOP Refusal to Credit State Sentence as Concurrent Upheld by The refusal of the federal Bureau of Prisons in Oregon to exercise its discretion to designate a state prison as the place of service of a federal sentence, which would have the effect of making the sentences run concurrently, did …
Article • May 15, 2007
No Qualified Immunity for Arbitrarily Pepper Spraying Prisoner by The plaintiff alleged that he was sprayed in the face with Capstun without warning after declining to take his copy of a receipt for confiscated property, then slammed to the floor and handcuffed. He alleged that he did not intentionally disobey …
Article • May 15, 2007
PLRA Governs Motion to Disclose Grand Jury Records by A criminal defendant moved for disclosure of matters before a grand jury. The district court said that the matter was a criminal proceeding to which the PLRA's in forma pauperis restrictions were inapplicable. At 827: We have recognized, however, that proceedings …
Article • May 15, 2007
Appeal Courts Have Jurisdiction Over Consent Decree Modifications by Courts of Appeals have appellate jurisdiction over modifications of decrees. At 1029: A Georgia district court's interpretation of a consent decree operates as a modification when it changes the legal relationship among the parties. . . . This determination is not …
Article • May 15, 2007
Court Lacks Jurisdiction to Enforce Settlement by An order which said that the case had been settled and was dismissed without prejudice to reinstate it if the settlement was not consummated did not confer jurisdiction on the district court in Pennsylvania to enforce the settlement. The court notes that it …
Article • May 15, 2007
Fifth Circuit Discusses Title VII Class Certification by The test for commonality is met where there is at least one issue the resolution of which will affect all or a significant number of class members. At 405: "While the commonality hurdle is not particularly high, a plaintiff must go beyond …
Prisoner Attacker Can't Be Sued Under § 1983, Guard Can by Prisoner Attacker Can't Be Sued Under § 1983, Guard Can A prisoner who assaulted the plaintiff did not act under color of state law and the plaintiff's § 1983 claim was therefore frivolous. The plaintiff's claim that she told …
Article • May 15, 2007
Plaintiffs May Opt Out of Esmor Brutality Class Action by In litigation against the operator of a notorious private immigration facility (one certified class action and two individual actions which appear to have multiple plaintiffs), the class members were so difficult to locate that the court questions whether the case …
Article • May 15, 2007
Kansas Court Access Claim Dismissed for Lack of Injury by The plaintiff alleged various deprivations of court access and sought a temporary restraining order to prevent his transfer. The latter request (and all his other injunctive claims) were mooted when he was transferred. The court doesn't address whether he could …
Tenth Circuit Affirms Suicide Verdict in Trentadue Case by The decedent, arrested for a traffic violation and found to have an outstanding warrant for federal parole violations, was sent to a federal prison for a parole violation hearing, asked for protective custody two days later, and was found in his …
Article • May 15, 2007
Combined Shiite and Sunni Religious Services Upheld by The plaintiff Shi'ite Muslims alleged that they were subject to discrimination because the Muslim worship and accommodation program in the state prisons combines Shi'ite and Sunni observance and the Sunnis are in charge. A state court held earlier in Cancel v. Goord …
Article • May 15, 2007
Filed under: PLRA, Filing Fees (PLRA)
District Court Erred in Dismissing Suit for Indigent Prisoner's Failure to Pay Filing Fees by The district court should not have dismissed for failure to pay the $6.62 initial filing fee. He didn't pay because he didn't have the money, and had had no money since two months before the …
Article • May 15, 2007
Supreme Court Held Car Towing Hearing Delay Okay by The plaintiff's car was towed; he paid a fine to get it back; he asked for a hearing, which was held 27 days after the vehicle was towed. The Ninth Circuit agreed that the failure to hold a hearing within five …
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