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Article • May 15, 2007
$40,000 Jury Award for Texas Jail Beating that Left Soccer Star Quadriplegic by While held in Texas' Lubbock County Jail, former West African soccer star Mohamet Sheriff Njie was assaulted by guards on October 7, 1996, at 3:00 a.m., according to his lawsuit. After the beating, Njie was left naked …
Article • May 15, 2007
$50,000 Award in Michigan Jail Beating Suit by After he was in a dispute with bar patrons, Jose Luis Monjaras-Torres was arrested and taken to Michigan's Macomb County Jail. Upon arrival, he was stripped, assaulted, and battered about the face by seven guards. Jose sustained soft tissue facial injuries. He …
Article • May 15, 2007
$95,000 Settlement in Guards Dropping Prisoner Suit by After being involved in a fight with another prisoner at Georgia's Youth Detention Center in Atlanta, guard intervened and attempted to carry prisoner Mark Thomas back to his cell, carrying him by each guard holding a limb. Two of the guards lost …
Article • May 15, 2007
Filed under: Civil Procedure, Costs
Dead GA Prisoner's Family Dismissed in Federal Court, Allowed to Refile in State Court Without Paying Costs by Dead GA Prisoner's Family Dismissed in Federal Court, Allowed to Refile in State Court Without Paying Costs In October of 1997, Alfonso Roberson died of unreported causes in the county jail for …
Article • May 15, 2007
TN Prisoner Not Entitled by State PRA to Free Inspection of Records Kept Outside of Prison by TN Prisoner Not Entitled by State PRA to Free Inspection of Records Kept Outside of Prison Between 1997 and 1999, Omawali Ashanti Shabazz (AKA Fred E. Dean), a Tennessee state prisoner, asked prison …
Article • May 15, 2007
Undisclosed Settlement in Arizona Mistaken Identity Arrest by Tiburcio Serna Galvan was an agricultural worker when he was arrested in August 1995 in the state of Washington on an Arizona narcotics/traffic warrant. Prior to his arrest, his wallet and identification was stolen. After he was transported to Arizona's Maricopa County …
Article • May 15, 2007
Work Privilege Discussed by At 332: Factual information cannot be given "privileged" status merely because an attorney communicated the facts to the client or because the client communicated the facts to the attorney. For example, providing preexisting documents to an attorney does not thereby render the documents protected by the …
Jail Segregation Ban on Collect Calls Upheld by One of the plaintiff's claims was exhausted. At 291-92: He doesn't have "proof-positive," but he does have "some proof that his efforts to file grievances . . . were not facilitated by the Jail as required by the policy." Exhaustion is an …
Article • May 15, 2007
PLRA Doesn't Apply to Released Prisoners, Delay in Seizure Medication Okay by The plaintiff was jailed for ten days for shoplifting. She was not consistently given her seizure medication (as well as her medication to control anxiety, which can trigger seizures), and had seizures; jail personnel would not take her …
Wolff Applies to Jail Prisoner Disciplinary Hearings by At 678: "Pre-trial detainees may not be punished without due process of law. . . . A pre-trial detainee is entitled to the procedural protections of Wolff v. McDonnell . . ., before imposition of punishment for a disciplinary infraction." At 679: …
Article • May 15, 2007
Administrative Exhaustion Defense Waived by BOP by At 695: "The failure to exhaust available administrative remedies is an affirmative defense. At least two other circuits have explicitly held that the PLRA's exhaustion requirement may be waived, . . . . We today join them and hold that this defense is …
Article • May 15, 2007
Muslim Halal Diet Suit Against Kansas DOC Dismissed by The Muslim plaintiffs complained that prison officials did not provide Halal meat, even though they provided Kosher meals to Jewish prisoners. The plaintiffs sued the defendants only in their official capacities, so they are immune under the Eleventh Amendment. The court …
Article • May 15, 2007
No Qualified Immunity to Virginia DOC Officials in Smoking Suit by The plaintiff, a non-smoker with a respiratory condition, was double-celled over his objection with a habitual smoker of cigars. In response to his grievance, he was moved to a unit for "troublemakers" and assigned to a cell with a …
Article • May 15, 2007
Burden of Proof in Retaliatory Transfer Suit Discussed by The plaintiff alleged he was transferred in retaliation for his winning one lawsuit and testifying in another prisoner's suit against an officer. Under the Federal Rules' notice pleading standard, the plaintiff stated a claim. Stating a claim requires only the "bare …
Article • May 15, 2007
Harassment and Verbal Abuse by Guards Legal under 8th Amendment by The plaintiff missed the 10-day deadline for his Rule 59 motions, and the district court properly denied his Rule 60(b) motion, since it merely reiterated his rejected arguments and did not fit the requirements of any subsection of the …
Article • May 15, 2007
Suit Waiver Not Valid Due to Lack of Counsel by The plaintiff signed a release agreement with respect to civil claims arising out of an arrest which was resolved by a "plea in abeyance," equivalent to an ACD. The court concludes it was not voluntarily executed under Rumery and could …
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 …
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