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Article • May 15, 2007
Florida Lethal Injection Challenge Rejected by The plaintiff's § 1983 challenge to execution by lethal injection is the functional equivalent of a habeas corpus petition--in this case, a successive one, for which the plaintiff had not obtained permission from the Court of Appeals. The grant of certiorari in Nelson v. …
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 …
Kansas Jail Retaliates Against Nurse Whistleblower by The plaintiff, a jail nurse, filed a complaint with the state Nurses Association about what she believed to be violations of acceptable nursing practice, and was fired. The violations included crushing medication before dispensing it without any governing protocol, inadequate nurse staffing, giving …
No Supervisory Liability for Forwarding Complaint to Investigator by The plaintiff alleged that he was beaten and then retaliated against for complaining with a further assault and a false misbehavior report. The Commissioner cannot be held liable because he was not personally involved. Although the plaintiff sent him letters, it …
Court Enjoins Transfer of BOP Prisoners to Virginia DOC under RFRA by The plaintiff District of Columbia prisoners (two Sunni Muslims and a Rastafarian who had taken the Vow of the Nazarite) alleged that their placement by the federal Bureau of Prisons in Virginia prisons, which forbid beards and long …
ADA/RA Suits Require Proof of Intentional Discrimination by Title II of the ADA is "neither congruent nor proportional to the proscriptions of the Fourteenth Amendment." Therefore it exceeds Congress's authority under § 5 of the Fourteenth Amendment. At 110: Although we find that Title II in its entirety exceeds Congress's …
Article • May 15, 2007
Kentucky Jail Guards Liable for Beating Prisoner to Death by The plaintiff's argument that there is a municipal custom of failing to follow the jail's use of force policy is not supported by evidence of a single incident which violated the policy or by evidence that there were 30 or …
Denial of HIV Treatment Suit against BOP, CCA Dismissed by The plaintiff complained that he did not get adequate HIV treatment in the District of Columbia system because the Federal Bureau of Prisons failed to transfer his medical records (though they did send a piece of paper saying he was …
Prosecutor, Daughter Immune for Trying to Elicit Jailhouse Confession by The plaintiff was accused by his daughter of sexually molesting and murdering her childhood friend. His daughter then visited him in jail to try to induce him to confess, allegedly with the knowledge of the prosecutor. He refused to talk …
Article • May 15, 2007
AEDPA Time Limit Runs from Date of Hearing, Tolled During Exhaustion by The petitioner lost good time in a disciplinary proceeding and sought habeas relief. The one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) began to run on the date of the disciplinary …
Administrative Exhaustion Required in Jail Assault Case by The plaintiff sued over an assault by other prisoners. The court dismisses for failure to exhaust, notwithstanding his arguments that he did not receive a copy of the jail handbook and did not know about the grievance procedure; that he told staff …
Article • May 15, 2007
Forbidding Prison Nurse From Leaving Work States False Imprisonment by The plaintiff prison nurse alleged that, while suffering from a severe bout of poison ivy and trying to leave for medical treatment, she was "held hostage" by her supervisor and prevented from leaving the premises. The supervisor, by instructing an …
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
$685,002 Verdict For Family of Child Killed with Police Radio by This is the case of the kid who fled the police on a bicycle and died after a police officer hit him in the head with his radio. A jury awarded his mother $605,001 for use of force resulting …
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
Student Strip Search Upheld Due To Vulgar Leaflet by Student Strip Search Upheld Due To Vulgar Leaflet Strip searches of arrestees must be supported by reasonable suspicion of weapons or contraband. There was reasonable cause to strip search a high school student who was arrested after helping create and circulate …
Hearing Officer Not Required to Identify Favorable Witnesses by The plaintiff alleged that the tape of his disciplinary hearing was tampered with to obfuscate a favorable answer from a witness. Since no tape is required by due process, and the plaintiff got the written statement setting forth the reasons for …
Article • May 15, 2007
Filed under: Sentencing, Parole
Court Upholds Denial of Jail Credit to Parole Violator by The plaintiff, who was released on parole and returned to prison on a parole violation and then on new criminal charges arising from the same conduct, had 70 days added to his sentence by prison authorities based on their view …
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