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Article • May 15, 2007
No Summary Judgment in NJ Control Unit Retaliation Case by The plaintiff alleged that after a Behavioral Modification Unit was discontinued, he (unlike almost everybody else there) was returned to administrative segregation. He alleged this was in response to his having filed a grievance about excessive force against another prisoner. …
No Supervisory Liability for Forwarding Complaints about Conditions to Others by The plaintiff complained of excessive force and other abuse. Defendants have not met their burden of showing that the plaintiff failed to exhaust. They submitted the grievance director's affidavit stating that the Central Office Review Committee has no record …
TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records by TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records Act Cases The Pollow family settled a civil rights action against police in Memphis, Tennessee …
Article • May 15, 2007
Court Describes Different Class Action Notifications by At 183: Notice of an impending class action suit need only be the best notice practicable under the unique circumstances of each case; this is a fact-intensive inquiry. . . . Individual notice to each plaintiff is unnecessary, as long as the notice …
Qualified Immunity for Mental Hospital Officials Holding Patient in Segregation by The plaintiff was found not guilty by reason of insanity of murdering and mutilating his girlfriend. He was ordered to be admitted to a hospital for evaluation, but he wasn't for a long time because officials deemed him dangerous …
Article • May 15, 2007
District Court Committee Injunction Against Prolific Filer is Judicial by District Court Committee Injunction Against Prolific Filer is Judicial The district court referred this "prolific filer" to the district court's Executive Committee, which entered an injunction requiring screening of his papers before filing except in criminal or habeas matters. To …
Jury Finds CT Prisoner Denied Disciplinary Due Process by The plaintiff was summoned to a disciplinary hearing, got there late, and discovered it had been held without him and he had been found guilty. He asked to be heard and tried to get the hearing officer's attention; he was maced …
Article • May 15, 2007
Pro Se Sewage Exposure Claim Dismissed by The plaintiff alleged that inmate workers had to handle quantities of sewage because of the deficiencies of the prison sewage system, and that she got some on her because her protective clothing was the wrong size and wasn't able to wash the sewage …
Article • May 15, 2007
Release of DNA Evidence Must Be Brought As Habeas by The plaintiff sued to obtain the release of biological evidence for DNA testing, alleging it would be exculpatory as to his criminal conviction. His suit was, in effect, a challenge to the validity of his criminal conviction that must be …
Article • May 15, 2007
11th Amendment Bars Consent Decree Enforcement by Children who were in state custody alleged denial of meaningful access to adoption services. A consent decree was entered. Plaintiffs moved to hold defendants in contempt. Defendants moved to dismiss. Read to the end for an important lesson in settlement-drafting. The suit is …
Article • May 15, 2007
Doctor Employed by Private Medical Company's Firing Upheld by The plaintiff physician complained that she was fired by a private corporation providing medical care to prisoners because she gave a prisoner a 7-Up to drink. Prison officials denied her further access to the prison and the corporation cited that fact …
Exhaustion Required in Title VII Suits by The plaintiff asserted hostile work environment and violation of merit system claims under Title VII, and defendants asserted she did not exhaust them. However, the plaintiff said that she had grieved her alleged retaliatory discharge and that the arbitrator heard all the underlying …
Court Rules on Consolidated Suits against CMS in New Jersey by The court disposes of summary judgment motions in 15 consolidated cases concerning medical care provided by Correctional Medical Services at East Jersey State Prison. The court grants summary judgment against nine of them (mostly because the prisoners got a …
Article • May 15, 2007
Medical Defendant Must be Served Personally by A jury returned a plaintiff's verdict in a deliberate indifference and medical malpractice case in which the victim of malpractice died of sickle cell anemia. However, one of the doctors was never personally served. Under state and federal law, service may be made …
Article • May 15, 2007
Filed under: Organizing, Voting
Voting Rights Act Doesn't Apply to NY Prisoners/Parolees by The Voting Rights Act does not apply to the New York statute disenfranchising currently incarcerated felons and parolees. The court initially polled itself sua sponte while petitions for certiorari were pending, then denied rehearing with three judges dissenting and four stating …
Article • May 15, 2007
California District Court Adopts Total Exhaustion by The court buys total exhaustion, citing the statute's plain language ("action" versus "claim") without reference to counter-arguments. It then adds the following non sequitur (at 1060): In a related context, the Ninth Circuit has held that exhaustion of administrative remedies under the PLRA …
Article • May 15, 2007
Pointing Gun at Five Week Old Baby Unconstitutional by At 1071: Use of a weapon against someone who is helpless constitutes excessive force. . . . Pointing a gun at a person's head can constitute excessive force. . . . Most importantly, in 1999, no reasonable officer could have believed …
Article • May 15, 2007
Housing Rival Gang Members Together May Violate Constitution by The plaintiff was placed in a cell with members of a rival gang and was attacked. He said he told the deputy that he was gang affiliated, but there is no evidence he said which gang he was in or that …
Article • May 15, 2007
Filed under: PLRA, Filing Fees (PLRA)
Indigent Prisoners Required to Pay PLRA Filing Fees by The assessment of an initial filing fee of $5.16 was proper under the PLRA formula even if, by that time, the plaintiff's account balance was negative. However, the court reconsiders and rescinds its order that if the partial filing fee isn't …
Article • May 15, 2007
Georgia False Arrest Suit Dismissed by At 1374: This case demonstrates the proclivity of American citizens today to search for legal causes of action to redress every imaginable wrong. As we commemorate the 60th anniversary of the Allied's [sic] invasion of Normandy during World War II, the Court must decide …
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