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Sex Offender's Suit Over Conditions and Attack Dismissed by The plaintiff, known as a sex offender, was assaulted by other prisoners and was provided inadequate medical care. His medical claim fails because he sued the wrong people, and his inmate assault claim fails because the relevant events were time-barred. Also, …
Article • May 15, 2007
11th Amendment Bars Damages Under Rehabilitation Act by Damage claims under the Rehabilitation Act are barred by the Eleventh Amendment. Prior authority holding that the acceptance of federal funds constitutes a waiver of Eleventh Amendment protection under the Spending Clause is overruled by the Supreme Court's decision in College Savings …
Article • May 15, 2007
Delay in Processing Administrative Claims Okay by Extended delays by the state Division of Human Rights in processing discrimination claims did not deny due process. A legal cause of action is property. However, procedural deficiencies that do not finally dispose of that cause of action are not a deprivation of …
Article • May 15, 2007
Medical Claim Requires Administrative Exhaustion by The plaintiff's claim of deprivation of medical care is a "prison conditions" claim even under the now-overruled holding of Nussle, since the complaint did not suggest that he was singled out for the denial of medical services Cases must be dismissed, rather than stayed, …
Article • May 15, 2007
Filed under: International, Terrorism
Designation as Terrorist Organization Requires Due Process by Designation as Terrorist Organization Requires Due Process Designating an entity as a "foreign terrorist organization" and freezing its assets, prohibiting support for it, and barring its members from entering the country requires due process protections by providing notice of the planned action …
Article • May 15, 2007
Minor Injury Suit Against Police Dismissed by The plaintiff was forcibly arrested after an hour long stand off with the police, in which he variously threatened suicide and invited the police to kill him while pointing a gun at them. He complained of being beaten in the ambulance taking him …
Article • May 15, 2007
Filed under: Police, False Arrest
$10,001 NY False Arrest Verdict Upheld by At 155: . . . [T]he direct physical participation of a defendant in the constitutional violation is not alone a sufficient basis for holding the defendant liable if the defendant had no awareness or notice of the facts that rendered the action illegal. …
Article • May 15, 2007
Nominal Damages Verdict Against Nevada Police Upheld by The plaintiff was arrested, but the district attorney declined to prosecute. The plaintiff then filed an excessive force complaint. The officer accused of excessive force notified the district attorney's office, which then filed misdemeanor battery charges against her. The court affirms a …
South Carolina Jail Prisoner Awarded $2,000 In Mediation For Work-Related Injury by South Carolina Jail Prisoner Awarded $2,000 In Mediation For Work-Related Injury In December 1997, a Horry County, South Carolina, prisoner was awarded $2,000 in mediation for injuries he sustained while working at a county landfill. The prisoner claimed …
Article • May 15, 2007
Restrained Juvenile Prisoner Settles Injury Claim For $1,000 by After filing suit in August 1997, a juvenile female prisoner who suffered emotional distress and facial bruising while being forcibly restrained by personnel at the Marygrove Residential Treatment Facility settled her claim for $1,000. The girl had alleged in her suit, …
Article • May 15, 2007
Alabama Prisoners Injured By Unhealthy Living Conditions Settle For $53,000 by Eight prisoners injured by unhealthy living conditions at the Loxley Community Work Center settled their claim for $53,000. The prisoners had alleged multiple injuries, including one who suffered dehydration and a rash. In their lawsuit, filed in Mobile County, …
Article • May 15, 2007
Georgia $892,138 Settlement For Stroke/Brain Damage Caused By Cops by In March 1996, the County of Decatur, Georgia, agreed to pay $892,138 to a man who claimed he was assaulted by deputies while imprisoned in the county jail and suffered a stroke and brain damage as a direct result. Following …
Article • May 15, 2007
Attorney Awarded $55,976.19 For Limited Success In Class Action Lawsuit by The U.S. District Court for the Southern District of New York awarded reduced fees and costs of $55,976.19 to an attorney who demonstrated only modest, individual success in his broad civil rights class action complaint challenging New York City's …
Article • May 15, 2007
New York Court Awards $33,000 For Saw-Related Hand Injury by In August 1997, a New York court of claims awarded $33,000 to the estate of a prisoner who lacerated three fingers on his left hand while using a table saw as part of his work assignment at the state prison. …
New York Prisoner Assaulted In City Jail Awarded $920,000 by In June 1997 the First Judicial Supreme Court of New York awarded $920,000 to a prisoner who was assaulted by other prisoners in a New York City jail. As a result of the September 1986 attack, the prisoner, a 28-year-old …
Article • May 15, 2007
New York Prisoner Awarded $70,423 for Fractured Femur in Football Fall by In August 1997, a court of claims in Albany, New York, awarded $70,423 to a state prisoner who fractured his right femur on the prison's recreation yard. The injury occurred in September 1992 when the prisoner tripped over …
Article • May 15, 2007
Ohio Prisoner Assaulted By Militant Group Awarded $70,000 by In July 1997, the U.S. District Court for the Northern District of Ohio awarded $70,000 to a prisoner who was assaulted by a militant group while imprisoned in the Trumbull County Jail. The 45-year-old prisoner, a white male, suffered a fractured …
Article • May 15, 2007
Appeals Courts Have Wide Discretion in Class Certification Appeals by Courts of appeals have unfettered discretion to permit or deny interlocutory appeals of class certification orders, provided for by a 1998 amendment to the Federal Rules of Civil Procedure. This discretion is analogous to that exercised by the Supreme Court …
Article • May 15, 2007
White Police Man's Discrimination Suit Dismissed by A white deputy sheriff terminated for excessive force against a black arrestee after a high-speed chase failed to prove racial discrimination absent evidence that he was treated more harshly than others because of his race. The fact that he might have been treated …
Retaliatory Transfer Suit Dismissed by The plaintiff alleged that his custody level was increased, he was transferred to a prison where he could not be in general population, and denied parole in retaliation for his filing a private criminal complaint about actions by prison staff. In a heavily fact-based opinion …
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