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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 …
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
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 …
Article • May 15, 2007
Defendant Denial Reinforces Need for Injunction by Actions for statutory injunctions need not meet the traditional equity requirements for injunctive relief. Once a violation is shown, the moving party need show only that there is some reasonable likelihood of future violations. Past misconduct is highly suggestive of the likelihood of …
BOP Work Release Policy Preliminary Enjoined by The Bureau of Prisons abruptly changed its policy of allowing prisoners to serve part or all of their time at Community Corrections Centers on judges' recommendations declaring the former policy illegal and applied the change to persons already sentenced. The court has inherent …
Article • May 15, 2007
Filed under: Civil Procedure, Discovery
No Stay of Discovery for Pro Se Plaintiff by The court declines to stay defendants' discovery of a pro se plaintiff based on his medical condition and use of medication; his participation in court proceedings without manifestation of physical incapacity showed he was capable of providing the discovery. See: Davidson …
Article • May 15, 2007
Pro Se Prisoner Ordered to Produce Court Access Claim Discovery by The pro se plaintiff is directed to comply with various discovery requests. A party cannot refuse discovery on the ground that the adverse party already has the requested information or on the ground that the information can be gleaned …
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 …
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
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 …
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