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Article • May 15, 2007
Filed under: Media, Censorship
Target Shooting Not Protected Free Speech by Plaintiffs challenged a statute that, inter alia, forbade Class A gun clubs--those that made large capacity weapons available to those who don't have licenses to possess them--to "permit shooting at targets that depict human figures, human effigies, human silhouettes or any human images …
Article • May 15, 2007
Class Certified in FL Medicaid Challenge by Actions challenging uniform practices and seeking injunctive relief by their nature deal with common issues of law and fact. Here, defendants argue that plaintiff's due process challenge to Medicaid prescription drug benefit denial procedures doesn't raise common issues because there are many individual …
Grievance Deadlines Bar NY Brutality Suit by The plaintiff's letter to the Superintendent complaining of excessive force, sent five months after the incident, was not a grievance and did not meet the exhaustion requirement. At 549: Prison officials are entitled to require strict compliance with an existing grievance procedure. Plaintiff …
Article • May 15, 2007
Proactive Sheriff Not Liable for Assault in Overcrowded Jail by The two plaintiffs were subjected to serious assaults by other prisoners. While the plaintiffs were subjected to an objectively serious risk, the Sheriff was not deliberately indifferent. He inherited an aged, overcrowded jail but began an aggressive campaign to clean …
Article • May 15, 2007
Fifth Circuit Affirms Dismissal Of Suit For Execution Protocol Absent Stating Alternatives by Texas death row prisoner Donald Aldrich challenged the dismissal of his § 1983 lawsuit alleging Eighth and Fourteenth Amendment violation to the constitutionality of Texas's execution protocol. The district court claimed no issue in which relief could …
Article • May 15, 2007
Abuse of Discretion Applied to PLRA Frivolous Dismissals by Under 28 U.S.C. § 1915A(b)(1), dismissals for factual frivolousness are mandatory rather than discretionary, and dismissal is without prejudice. The statute doesn't say without prejudice, but the implication is clear, since it applies to all prisoner suits, not just IFP suits. …
Article • May 15, 2007
Mistake of Law Excuses Lack of Administrative Exhaustion by At 486: "The issue is whether justifiable circumstances may sometimes excuse a prisoner's failure to exhaust administrative remedies when challenging conditions of confinement. We conclude that exhaustion may sometimes be excused and should be excused in this case." The plaintiff did …
Article • May 15, 2007
Filed under: Medical, Skeletal Injury
Back Injury Misdiagnosis Okay by The plaintiff said that his back pain was attributed to muscle spasms but a later MRI revealed he had a herniated disc. At most, this is a disagreement over the appropriate medical care, and a specialist who did find the herniated disc recommended "conservative therapy …
Article • May 15, 2007
Informal Grievance Exhaustion Satisfies PLRA by The plaintiff did not use the grievance system but informally exhausted her administrative remedies with respect to an incident in the Nassau County Jail. The plaintiff informed the Sheriff's Department's Internal Affairs unit and the DA's office, triggering an investigation by the Sheriff's Bureau …
Article • May 15, 2007
Attorney Fees Available for Nursing Home Settlement Monitoring by Buckhannon does not control the compensability of post-judgment monitoring efforts in this case, since the settlement itself provides for monitoring. The plaintiffs' counsel's obligation to protect the interests of the class did not evaporate when the settlement was reached. The court …
Denial of Disciplinary Witnesses Upheld by At 639: Where an inmate's federal claims arise directly out of a disciplinary or administrative segregation hearing . . . (e.g., a claim of denial of procedural due process), "he exhausts his administrative remedies by presenting his objections in the administrative appeals process, not …
Article • May 15, 2007
No Liability For Pennsylvania Prisoner Held Six Months Past Release Date by The plaintiff complained that he was detained for six months beyond his maximum release date. His Eighth Amendment claim fails because he does not show deliberate indifference; the defendant in the prison got to work on the problem …
Article • May 15, 2007
No Qualified Immunity for Holding WI Prisoner Past Release Date by The plaintiff alleged that he was held 65 days beyond his release date as a result of a miscalculation, despite his advising the defendants of their mistake and requesting that they correct it. At 720: Incarcerating a prisoner beyond …
Article • May 15, 2007
Delousing Shampoo Process Upheld by A Johnson County, Indiana, jail policy requiring incoming inmates to use a delousing shampoo did not violate their due process right to be free from unwanted medical treatment. The court assumes without deciding that use of the shampoo constitutes medical treatment and says that the …
Article • May 15, 2007
No Right to Wrongful Release Time Credit by A state prisoner who was erroneously released and, when returned to prison, was not credited with the time spent out of prison, was not denied substantive due process. See: Sanchez v. Warden, New Hampshire State Prison, 329 F.Supp.2d 200 (D.N.H. 2004).
Numerous Evidentiary Rulings in Illinois Police Abuse Suit by The plaintiff sued for excessive force in his arrest, assault, and battery. The court denies the plaintiff's motion in limine to exclude his three prior felony convictions; he cites no cases in support of his argument, and "such convictions are routinely …
Article • May 15, 2007
No Right to Prompt Return to State Prison by The plaintiff was held as a federal detainee at the Westchester County Jail for eight and a half months after the completion of all federal proceedings, rather than being returned to state prison whence he had come and where he was …
Article • May 15, 2007
Injunction Issued in Church Sleeping Space for Homeless by Violations of First Amendment rights are considered irreparable injury for purposes of a preliminary injunction. In Free Exercise Clause cases, courts are not permitted to inquire into the centrality of a professed belief to the adherent's religion or to question its …
Police Racial Discrimination Class Action Certified by Latino and African-American police officers and the Latino officers' organization alleged racial discrimination in the internal disciplinary process. The court certifies the injunctive claims under Rule 23(b)(2) as to liability only. Given that the claim is racial discrimination, a class consisting of all …
Jail/Police Immune for Not Treating Prisoner with Spinal Injury by The plaintiff was a passenger in a car involved in a high speed chase; an officer threw him on the ground while he was handcuffed, causing a permanently disabling spinal injury. He spent three days in jail, where a detention …
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