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Article • May 15, 2007
Class of Disabled Medicaid Recipients Decertified by At 811: A class representative must possess the same interest and suffer the same injury as the class members in order to be typical under Rule 23(a)(3). . . . The typicality requirement may be satisfied despite substantial factual differences, however, when there …
Article • May 15, 2007
Door Slamming Suit Dismissed by The Indiana plaintiff complained that an guard slammed a food service slot on his hand. The guard said the plaintiff tried to throw trash through the opening, that he didn't know the plaintiff's hand was in the opening, and it was an accident. The defendant …
§ 1983 Or Bivens Required When Suing Post Office For Lost Property by The United States Court of Appeals for the Tenth Circuit has found the United States immune from a tort action over a prisoner's property lost by the Postal Service. Peter Georgacarakos, a federal Bureau of Prisons (BOP) …
Previous Convictions And Serious Difficulty Controlling One's Actions Sufficient In SVP Determinatio by Previous Convictions And Serious Difficulty Controlling One's Actions Sufficient In SVP Determination A California State prisoner claimed due process violation when the court failed to instruct a jury that they had to find him "dangerous beyond his …
Article • May 15, 2007
Filed under: Civil Procedure, Costs
Cost of Prosecuting Prisoner Crimes In Pennsylvania Prisons Must Be Paid By State by Cost of Prosecuting Prisoner Crimes In Pennsylvania Prisons Must Be Paid By State The Pennsylvania Supreme Court has affirmed an appellate court ruling that the State must reimburse counties for prosecution costs related to crimes committed …
Article • May 15, 2007
Filed under: Sentencing
Detention While Awaiting Re-sentencing Is Still Term Of Imprisonment Under IAD by Detention While Awaiting Re-sentencing Is Still Term Of Imprisonment Under IAD The Washington State Court of Appeals has held that a prisoner awaiting re-sentencing after violating the terms of a previous sentence is still serving a term of …
Article • May 15, 2007
Ninth Circuit Orders Reconsideration Of Victim Presence At Entire Trial Under CVRA by Ninth Circuit Orders Reconsideration Of Victim Presence At Entire Trial Under CVRA On Petition for Writ of Mandamus to the U.S. District Court for the Central District of California, the U.S. Government requested an order allowing certain …
Article • May 15, 2007
Filed under: Suicides, Police, False Arrest
$2.4 Million Awarded In District of Columbia Jail Suicide by In 1982, a 32 year old District of Colombia (DC) man drove his car into a utility pole after which he was arrested and incarcerated in a DC jail for driving under the influence of alcohol. The man committed suicide …
Altercation Suit Brought By Prisoner Backfires; $250,000 Awarded to Guard by Virginia state prisoner Lament Douglas brought a § 1983 suit against prison guard J. McCarty for an altercation which left both parties injured. The Court granted remittur and awarded $250,000 to McCarty on his counterclaim. Douglas' motion for a …
Article • May 15, 2007
$26,000 Awarded In Washington Jail Suicide Suit by In May 1997, the Superior Court of Washington awarded $26,000 to the estate of a prisoner who committed suicide in the Kent city jail. The estate asserted that despite being on suicide watch, the prisoner, a 37-year-old male, was left unattended for …
Article • May 15, 2007
$678,478 Awarded In Federal Prisoner's Death From Misdiagnosed Lung Cancer by In April 1997, the U.S District Court for the Northern District of Illinois awarded $678,678 to the estate of a federal prisoner who died from advanced lung cancer that had been misdiagnosed and improperly treated by prison medical personnel. …
Article • May 15, 2007
Death Row Prisoner Awarded One Dollar For Lung Damage by California State death row prisoner Dennis Ervine claimed Eighth Amendment violation where alleged bacteria from a dental procedure caused respiratory damage. After dismissal of key testimony from former prison personnel, on March 27, 2006, the jury found no conscious attempt …
Article • May 15, 2007
Ohio Prison Officials get Qualified Immunity in Guard Strip Searches by The plaintiff, a prison employee, was strip searched without reasonable suspicion of illegal activity. The reasonable suspicion standard was not clearly established and the defendants are entitled to qualified immunity. Three cases from other circuits did not establish the …
Article • May 15, 2007
Mississippi Cancer Death Suit Dismissed by The decedent died of cancer in prison. There was a two-month delay between the recurrence of his cancer symptoms and the institution of treatment; his symptoms reappeared while he was in a county jail, where he received a recommendation for the immediate commencement of …
Article • May 15, 2007
Unfiled Lawsuit Protected Speech by The plaintiff got a traffic ticket for reckless driving for an incident in which he was injured after a police chase. His attorney then wrote letters to law enforcement demanding that all evidence be preserved, and then he was charged with six criminal counts of …
Article • May 15, 2007
Filed under: Court Access, Standing, Parties
Court Permission Must Be Sought for Party to Proceed Anonymously by The plaintiffs sought to challenge the Utah fornication and sodomy statutes, and to do so pseudonymously. At 1172: When a party wishes to file a case anonymously or under a pseudonym, it must first petition the district court for …
Article • May 15, 2007
Prisoner Bears Burden of Proving Mailbox Claim by Prisoner who did not establish that there was a prison mailbox or that he used it, and did not provide an affidavit or notarized statement recounting the precise date he left his notice of appeal with prison authorities, is not entitled to …
District Court Vacates KS Jury Verdict of $500,000 in Jail Beating by The plaintiff alleged that he was beaten by jail staff and sued the county and individual officers; he dropped the latter and obtained a jury verdict of $500,000 against the county. Undisputed testimony showed that the officers were …
Qualified Immunity for Body Cavity Search of Prison Guard by The plaintiff correctional employee was subjected to a visual body cavity search after a prisoner informant said that the employee was going to smuggle in some drugs in a tampon. Conducting the search was within the outer perimeter of the …
Article • May 15, 2007
Attorney-Client Privilege Doesn't Protect All Discovery by In an employment discrimination case, the defendants asserted various privileges. A document from the vice president of communications to an EEO coordinator was not protected by the attorney-client privilege. At 499: It is important to remember that, because the privilege impairs the court's …
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