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Article • May 15, 2007
Continuing Violation of Federal Law Not Required for Consent Decree Jurisdiction by Continuing Violation of Federal Law Not Required for Consent Decree Jurisdiction The defendants, having failed to comply with a consent decree for over 20 years, moved to vacate it on the ground that the district court lacked jurisdiction …
Releasing Disabled Prisoner into Cold Weather Upheld by The plaintiff alleged that he was released in January into freezing cold temperatures without a coat or a ride home, despite his disability. The plaintiff's ADA claim is dismissed based on sovereign immunity, since Title II of the ADA is not congruent …
Article • May 15, 2007
Filed under: Medical, Podiatry
Toe Nail Fungus Not a Serious Medical Need by Toe Nail Fungus Not a Serious Medical Need The plaintiff alleged that he was denied treatment for a toenail fungus which caused burning and itching, with skin that cracked and bled; the defendant doctor responded that he refused to provide various …
Article • May 15, 2007
BOP Prisoner Suit Dismissed for Failing to Exhaust by Plaintiff failed to exhaust because he did not try to resolve his claims informally and did not file a remedy request with the warden. Though the regulations permit bypassing these steps if the inmate reasonably believes the issues are too "sensitive," …
Article • May 15, 2007
BOP Prison Phone Suit Wrongly Dismissed by New federal prison telephone policies limiting prisoners to 300 minutes per calendar month were instituted after the Bureau of Prisons settled an earlier suit about telephone policies. The plaintiff alleged that the earlier settlement was entered fraudulently with intent to retaliate against prisoners …
Court Denies Certification to Class of Involuntarily Operated On Mental Patients by Court Denies Certification to Class of Involuntarily Operated On Mental Patients Developmentally disabled persons challenged the District's policy of allowing city officials to consent to elective surgical procedures on their behalf (in the named plaintiffs' cases, two involuntary …
Article • May 15, 2007
Court Vacates Default Judgments by The court relieves defendants from entry of default, since plaintiff shows no prejudice to his ability to present his case, the fault was counsel's rather than the parties' (he was awaiting service of all defendants before answering), defendants moved promptly to set the default aside …
Article • May 15, 2007
Court Enjoins BOP Prisoner Transfers from Work Release by The three petitioners moved to vacate their sentences on the ground that they had been imposed on the understanding that the petitioners would serve their short sentences of imprisonment in community correction centers, but the Department of Justice had subsequently decided …
BOP Prisoners Habeas Hepatitis Suit Dismissed by The bottom line of this opinion, 59 pages in Westlaw, is that the court treats the plaintiff's medical care claim, filed as a habeas petition, as a civil rights action, denies appointment of counsel, holds the prisoner partially exhausted, and grants summary judgment …
Seventh Circuit Applies PLRA to IL Civil Commitment Prisoners with Pending Charges by Seventh Circuit Applies PLRA to IL Civil Commitment Prisoners with Pending Charges The district court dismissed at screening for non exhaustion. At 978: "Although the judge used 28 U.S.C. § 1915A to act peremptorily, failure to employ …
Article • May 15, 2007
No Liability for Heart Attack Death of MI Jail Detainee by The decedent arrestee complained of chest pains, but jail staff allegedly delayed five hours getting him to a hospital, where he died 12 hours later. The plaintiff's death did not establish a serious medical need. In cases of delay, …
FTCA Doesn't Apply to BOP Surgeon Contractor by The plaintiff federal prisoner sued his surgeon for malpractice; the court substituted the United States as defendant per the Federal Tort Claims Act; the U.S. said that the surgeon is an independent contractor, not a federal employee, so the substitution was wrong …
Article • May 15, 2007
Filed under: Searches, Strip Searches
Strip Search of Female Jail Prisoner in View of Male Guard Upheld by The plaintiff was being strip searched by female jailers, with reasonable suspicion, on intake to the jail, and a male jail employee viewed her bare breasts. The Fourth Amendment was not violated. The plaintiff offered no evidence …
Article • May 15, 2007
RLUIPA and RFRA Substantial Burden Defined by RLUIPA and RFRA Substantial Burden Defined Substantial burden is a necessary element of claims under RLUIPA and RFRA; that term is "akin to significant pressure which directly coerces the religious adherent to conform his or her behavior accordingly. Thus, a substantial burden can …
Article • May 15, 2007
Seizure of State Court Settlement Damages by MO DOC Upheld by Federal Courts by The plaintiff had cash seized on arrest; it was neither returned nor forfeited, so he sued; there was a settlement and the money was paid into his prison account. Eight days later the state invoked the …
Article • May 15, 2007
Sheriff Not Liable for Slip and Fall in Showers by The plaintiff didn't exhaust because, he says, he was unaware of the requirement. His claim is dismissed with prejudice, since he is no longer in the jail and remedies are unavailable. The plaintiff failed to allege that the Sheriff was …
Article • May 15, 2007
Prison Psychologist Not Liable for Failing to Treat Suicidal, Feces Eating Prisoner by Prison Psychologist Not Liable for Failing to Treat Suicidal, Feces Eating Prisoner The plaintiff sued a prison psychologist. The defendant did not argue that the plaintiff did not have a serious mental illness. A legitimate risk of …
Article • May 15, 2007
No Dismissal of Visiting Denial Suit by Gang Founder by The plaintiff, claimed to be a founder of the Bloods, alleged that he was denied contact visits in the New York City jails even after he grieved the issue and won it. Defendants moved for judgment on the pleadings. The …
Article • May 15, 2007
State Court Ruling on Good Time Calculating Creates Liberty Interest by The defendants failed to credit the plaintiff properly for good time, even though they had obtained a decision in prior litigation with him stating the correct way of calculating it. As a result he spent six extra months in …
Retaliation by NY Jail Guards Not Barred by PLRA by The plaintiff complained that the defendants retaliated against him for public criticism of police misconduct. He was arrested on seemingly trumped-up charges, transferred from Orange County to Rikers Island with false information that his claim to have been a police …
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