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Article • May 15, 2007
Legal Mail Suit Dismissed, Administrative Exhaustion is Affirmative Defense by Once again, a SDNY judge applies the New York State grievance regulations to a claim that arose in the NYC jails. At 625: In the instant action, plaintiff filed at least two complaints to the IGRC in 1998. When he …
Article • May 15, 2007
Filed under: Civil Procedure, Juries
Jury Verdicts Explained by Questions to the jury are not special verdicts when the jury is asked to make determinations not just of fact but of ultimate liability. They are not special interrogatories either if they address liability rather than facts. What they are, in this case, are general verdicts …
Article • May 15, 2007
Class of Over Detained, Strip Searched DC Prisoners Certified by The plaintiffs alleged that they were kept past their release dates by the D.C. Department of Correction; a subclass alleged that they were subjected to strip searches upon return to jail after judicial determinations that there was no basis for …
No Termination of Rikers Island Conditions Injunction by The court rules on cross-appeals from a decision on a termination motion focusing on environmental health and physical conditions issues. PLRA--Special Masters (43-49): The court monitor, the Office of Compliance Consultants (OCC), is not subject to the PLRA special master provisions because …
Article • May 15, 2007
Filed under: CMS, Civil Procedure, Parties
Grievance Must Name All Parties to Be Sued by Here the Sixth Circuit's "exhaust per defendant" rule is turned into a heightened pleading requirement. At 943: In his fifth objection, Plaintiff argues that Defendant Correctional Medical Services was named throughout all stages of the grievance process. However, the court finds …
Article • May 15, 2007
Class Claims' Mootness Determined by When Certification is Sought by At 176: if named plaintiffs' claims become moot before they move for class certification, the case must be dismissed as moot. If they become moot while the certification motion is pending, "the Court should not dismiss the action until the …
Defendants Bear Burden of Proving Non Exhaustion by Defendants moved to dismiss for non-exhaustion supported by a conclusory affidavit stating that the plaintiff has not exhausted "without describing which claims plaintiff failed to exhaust. Inasmuch as exhaustion is an affirmative defense, defendants must raise and prove that plaintiff did not …
Article • May 15, 2007
Court Certifies Class Challenging Denial of treatment to Mental Patients by The plaintiffs, committed to a mental hospital as a result of findings of not guilty by reason of insanity, challenged conditions and policies that they alleged kept them from getting adequate medical and mental health care. At 307: A …
Article • May 15, 2007
Grievance Must Name Defendants, Complaint Must Specify Exhaustion by The plaintiff filed a complaint, followed by an amended complaint, and the district court brings out all the regressive armament of Sixth Circuit exhaustion law (and worse) against him. At 789: After a thorough review of Plaintiff's original complaint, it has …
Article • May 15, 2007
Limitations Period Tolled During Exhaustion Process by The plaintiff alleged serious injuries as a result of an assault by another prisoner. Defendants moved to dismiss on limitations grounds. Whether the limitations period is equitably tolled during exhaustion is determined by state tolling doctrines. There's no law directly on point in …
Visiting Denial to Colorado Sex Offender Who Refuses Treatment Upheld by The plaintiff, a convicted sex offender, challenged various measures taken against him for refusing to participate in a treatment program. The plaintiff's declaratory and injunctive claims were mooted by his release from prison. His damage claims were not moot, …
Prison Officials Cannot Refuse to Process Grievances by The plaintiff's injunctive claims against prison officials are moot because he has been transferred to another prison. Use of Force (815): The plaintiff's allegation that officers used excessive and unnecessary force against him states a claim. Medical Care--Standards of Liability--Deliberate Indifference (816): …
Article • May 15, 2007
Fifth Circuit Upholds Damages in Strip Search Suit by The three plaintiffs (along with about 100 others) were detained for about three hours and strip searched during the execution of a search warrant at a night club. The strip searches were unlawful absent individualized reasonable suspicion or probable cause (the …
Article • May 15, 2007
Judge, not Magistrate Must Make Decision to Drug Criminal Defendant by The involuntary administration of medication to render a defendant competent for trial is not a matter that can be fully delegated to a magistrate judge; the principle of constitutional avoidance means that the Federal Magistrates Act should not be …
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 …
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