Skip navigation

Search

6942 results
Page 222 of 348. « Previous | 1 2 3 4 ... 218 219 220 221 222 223 224 225 226 ... 344 345 346 347 348 | Next »

Article • May 15, 2007
Administrative Exhaustion Required for Title VII Claims by The plaintiff complained of sexual harassment under Title VII. At 241-42: A federal district court may only properly consider claims that were not administratively exhausted if the conduct subsequent to the EEOC charge is "reasonably related" to the claims raised in the …
Article • May 15, 2007
CMS Liable as State Actor For Denying HCV Care in NJ by The plaintiff complained about his medical care, reciting a long and tortured history of his treatment and non-treatment for Hepatitis A, B, and C, and rheumatoid arthritis that may or may not have been caused by it. The …
Article • May 15, 2007
MA DOC Refuses to Process Civil Rights Grievances by The practice of what is grievable is shown to diverge from the written policy. At 77-78: From the proceedings that transpired below on remand, it appears that the Massachusetts Department of Corrections had no grievance procedure available for complaints of the …
Article • May 15, 2007
State Court Proceedings Limit Federal Injunctive Suits by A challenge to practices in the state foster care system is barred by Younger abstention, given that state courts exercise jurisdiction over persons in foster care on a continuing basis. At 1332: "In suits for prospective injunctive relief, courts have been troubled …
Article • May 15, 2007
No Protective Order for Municipal Financial Records by In a suit against a former municipal official against the municipality, the municipality failed to justify the request for a protective order for certain financial records. At 304: "The routinely maintained financial records of a municipality . . . are presumptively open …
Article • May 15, 2007
Lawyers Must be Allowed Access to Indigent Interrogatees by The following decision was stayed, appeal was expedited, and the decision was promptly reversed on the merits in a highly instructive opinion by Judge Easterbrook. 319 F.3d 967 (7th Cir. 2003). Chicago has a legal aid agency created specifically to provide …
ADA Requires Exhaustion of Employee Claims by At 181: ". . . [T]he purpose of the administrative exhaustion requirement of the ADA is to provide notice to Defendant of an employee's claims. . . . Thus, the general rule is that the Complaint must be limited to the events identified …
Psychotropic Medication Claim Requires Expert Testimony by The plaintiff alleged that the defendant contract psychiatrist subjected him to unnecessary psychotropic medications in excessively high doses. The plaintiff failed to show he had a serious medical need; such a claim "must be supported by medical evidence, such as a physician's diagnosis, …
Class Certification Denied in Delay of Probable Cause Hearings Suit by The plaintiffs (196 of them) sought to represent a class of persons arrested without prior probable cause determinations challenging failure to provide timely probable cause hearings. The Supreme Court has said that generally, probable cause hearings should occur within …
Article • May 15, 2007
Expert Witness Qualifications Discussed by Defendants' unilateral cancellation of an expert deposition, based on plaintiffs' having moved to preclude the witness's testimony and strike his report, was improper, and the defendants are directed to make the witness available at the plaintiffs' convenience. This witness's designation as an expert does not …
Article • May 15, 2007
EEOC Delay Not Responsibility of Plaintiff by At 521-22: The Third Circuit recognizes "the prevailing jurisprudence that a charge [of discrimination filed with the EEOC] need not comply with a plethora of particular requirements." . . . The Code of Federal Regulations provides that "a charge is sufficient when the …
Article • May 15, 2007
Exhaustion May Not Be Available Due to Transfer After Assault by The court declines to dismiss for non-exhaustion. Although the claim arises from an inmate assault, a constitutional tort, it alleges failure to train and adequately to supervise staff and to staff control posts, so it's a prison conditions case. …
Article • May 15, 2007
Report Not Admissible in TN Jail Suicide Suit by The decedent hanged himself in jail. The Sheriff said to the press that a sergeant saw him put the sheet around his neck, and the court earlier said that "this evidence, if proven" could support a deliberate indifference claim. However, the …
Article • May 15, 2007
Adequate Expert Reports Can Be Compelled by The remedy for an inadequate expert report is to seek an order compelling an adequate one. Exclusion of the expert report or testimony as a sanction is available only when the failure to provide an adequate report is in violation of an order …
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
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
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 …
Article • May 15, 2007
Mailbox Rule Only Applies to Use of Prison Mail System by A pro se prisoner's notice of appeal is deemed filed when the prisoner delivers it to prison authorities for forwarding. This prisoner asked his sister to mail the notice, so he was not entitled to the benefit of this …
Page 222 of 348. « Previous | 1 2 3 4 ... 218 219 220 221 222 223 224 225 226 ... 344 345 346 347 348 | Next »