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Article • May 15, 2007
NY Food Load Suit Dismissal Reversed Under RLUIPA by The plaintiff alleged that an officer ordered him to return his food tray and cup while he was performing salat, knowing that his religious beliefs prohibited his responding, and issued a misbehavior report. The plaintiff was subjected to a week of …
Confiscation of Prisoner Property Upheld by The confiscation of the plaintiff's property did not deny due process because the state made post-deprivation remedies available in the form of a grievance procedure. At 515: "The mere fact that plaintiff has faced some difficulty in having his grievance heard, based on his …
Prisoner Can Block Repayment of Social Security Payments in Court by The plaintiff was imprisoned and the Social Security Administration notified him that it was stopping his retirement benefits and seeking $9,577 in overpayments received before they figured out he was locked up. SSA refused to waive the overpayment under …
Article • May 15, 2007
BOP Prisoner Can Sue Cornell Run Jail in Rhode Island under § 1983 by The plaintiff complained about events at a jail that was constructed by a municipality under state law authorization to provide the U.S. Marshals Service with space for federal pre-trial detainees. The plaintiff initially sued the Detention …
Article • May 15, 2007
North Dakota Ad Seg Placement Upheld by The plaintiff was placed and retained in administrative segregation because he was threatening staff and other inmates. He received several opportunities to meet with the administrative segregation committee and the warden and declined them. His continuation in administrative segregation did not deny due …
Article • May 15, 2007
Filed under: Medical, Skin, Failure to Treat
Jail Failure to Treat Psoriasis Upheld by In this seemingly incompetently litigated case, the plaintiff filed a response to a summary judgment stating that the facts are "voluminous" and incorporating the complaint and brief's statement of facts by reference, instead of complying with the rule requiring a "separate and concise" …
Article • May 15, 2007
Tight Handcuffs on Arrestee Violates Fourth Amendment by Placing excessively tight handcuffs on an Pennsylvania arrestee and needlessly failing to loosen them for ten minutes, resulting in permanent nerve damage, would constitute excessive force under the Fourth Amendment under the circumstances alleged, where the officer was not in a dangerous …
No Authority for ADA to Prohibit Fee for Disabled Parking Placards by The Commerce Clause does not empower Congress, via Title II of the Americans with Disabilities Act, to prohibit a $2.00 charge for placards authorizing the use of parking spaces reserved for the disabled. The court prescribes an "as …
Police Retaliation Against Expert Witness States Claim by Intimidating expert witnesses is within the scope of the civil rights conspiracy statute. Expert testimony (in this case, testimony for plaintiff in an excessive force case by instructors at a police academy) is protected speech. Actions by police chiefs and sheriffs to …
Mentally Ill WI Prisoner Sues over Control Unit Conditions by The plaintiff raised various constitutional claims, discussed below, and moved for class certification. The court denies it because the case is pro se and absent class members are "entitled at least to the assurance of competent representation afforded by licensed …
Article • May 15, 2007
BOP Ordered to Consider Work Release Placement by The Federal Bureau of Prisons' abrupt imposition of a new statutory interpretation holding that placement in a community corrections center was not "imprisonment" and could not be done for more than the last 10 per cent of a prisoner's sentence did not …
Article • May 15, 2007
Prisoner Cannot be Class Representative and File Industrial Suit Over Same Claims by Prisoner Cannot be Class Representative and File Industrial Suit Over Same Claims The plaintiff alleged that she was raped and impregnated by a correction officer. She filed a damage suit in one district and subsequently became a …
Article • May 15, 2007
ADA Injunctions Allowed Under 11th Amendment by State officials can be sued in their official capacities for injunctive relief under the ADA notwithstanding the Eleventh Amendment. The court declines to decide the constitutionality of the statute on an interlocutory appeal from the denial of Eleventh Amendment immunity. See: McCarthy v. …
Article • May 15, 2007
Expert Witness Not Disqualified Based on Confidential Relationship with Plaintiff by Expert Witness Not Disqualified Based on Confidential Relationship with Plaintiff The plaintiff sought to disqualify the defendants' expert witness based on a prior confidential relationship with the plaintiff (the attorney for the plaintiff estate had consulted the CPA firm …
Article • May 15, 2007
Filed under: Medical, Cancer, Malpractice
No Reconsideration of Jail Cancer Misdiagnosis by The plaintiff alleged that medical staff at the Erie County Medical Center removed one kidney and part of his bladder assuming that he had transitional cell carcinoma when his diagnostic tests were actually negative for cancer. The allegations at most state a claim …
Article • May 15, 2007
No Counsel Appointed in Police Beating Suit by The plaintiff brought suit alleging excessive force causing injury by police, and sought appointment of counsel. He makes the requisite showing of merit but "fails to state a reason why appointment of counsel would increase the likelihood of a just determination in …
Assault Victims Statements Must Be Evaluated at Disciplinary Hearing by The plaintiff was convicted of assaulting another prisoner who wrote an initial statement that the plaintiff did it but then refused to testify. There was no evidence of guilt that did not derive from the victim's statement. The plaintiff's disciplinary …
Article • May 15, 2007
$27,501 Award to Beaten Maryland Prison Visitor by The plaintiff alleged that he was beaten while visiting his son in prison and won a judgment of $1.00 in compensatory damages and $2,500 in punitives for excessive force. His award of attorneys' fees is reduced from his claim of $130,000 to …
No Immunity for Jail Guards Who Beat Diabetic Prisoner by The plaintiff was stopped for a bicycle infraction and then arrested for an unpaid parking ticket. He told the arresting officer and the jail nurse that he was diabetic, felt ill, and needed to eat as soon as possible. Instead …
Article • May 15, 2007
Change in BOP Work Release Policy Upheld in New York by The plaintiff challenged the Department of Justice's abruptly announced change of policy holding that prisoners cannot be placed in a community confinement center for more than 10% of their sentences. The Bureau of Prisons' interpretation of the statute is …
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