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Article • May 15, 2007
Class Certified in Suit by Georgia Foster Children by Foster children in state custody sued in state court on behalf of a proposed class alleging a wide range of constitutional and statutory violations. Defendants removed the case to federal court. By removing to federal court, the defendants waived their right …
Article • May 15, 2007
MI Jail Not Liable for Heroin Addict's Suicide by The decedent, a heroin addict, was arrested and killed himself four days later. At 792: "Heroin withdrawal is a serious medical condition." The failure to notify authorities at the jail where the decedent hanged himself of the plaintiff's condition did not …
Article • May 15, 2007
Rule 68 Offers Applicable to Class Actions by Rule 68, authorizing offers of judgment, is applicable to class actions (the court notes authority questioning or limiting this conclusion). Here, the offer was made before the plaintiff moved for class certification, and would satisfy the plaintiff's claim, so it mooted that …
Article • May 15, 2007
Parole Rule Ex Post Facto That Changes Revocation Standard by Application of a parole regulation that postdated the petitioner's offense and created a "significant risk of a more onerous sentence" violates the Ex Post Facto Clause. It need not be certain that the particular petitioner would serve more time. Here, …
Article • May 15, 2007
Filed under: Civil Procedure, Damages
No Damages for Three Year Visiting Denial by The plaintiff prisoner's visits were suspended after he was found with a shank on his way to the visiting room. His visiting privileges were permanently revoked, except that he was told he could apply for reconsideration after a year, and did so …
Article • May 15, 2007
Class Can be Certified Despite Fact Differences by All doubts regarding the propriety of class certification should be resolved in favor of certification, since certification is conditional. Numerosity does not require impossibility of joinder, only that "it is extremely difficult or inconvenient to join all members of the class." (694, …
Article • May 15, 2007
Eighth Circuit Requires Total Exhaustion Before Suit Filed by Dismissal is required if the plaintiff did not complete exhaustion before filing his complaint. The court does not require dismissal in this case. At 628: "In this posture, and because we are the first panel in this circuit to explicitly rule …
Article • May 15, 2007
No Modification of Mental Hospital Consent Decree by The defendants wanted to get out of a consent judgment governing a mental health facility, and the court doesn't let them, because even though the facility is closed, it is not established that the discharged patients have been treated consistently with the …
Article • May 15, 2007
Seventh Circuit Discusses Injury in Court Access Suits by The plaintiff, seeking post-conviction relief, was held in a jail whose law library he deemed inadequate, and he was not able to obtain disbursement forms to buy legal materials because he did not provide prison officials with the reason for his …
Right to Privacy Survives Death under FOIA by The Freedom of Information Act's exemption for law enforcement records the disclosure of which "could reasonably be expected to constitute an unwarranted invasion of personal privacy" is not limited to disclosure of records concerning the person whose privacy is at issue. Here, …
Article • May 15, 2007
Defendants Held in Contempt in Trademark Suit by The defendants are held in contempt in a trademark infringement and dilution case. The defendants are not excused on the ground of impossibility of compliance. At 377: "That reasonably, if not easily, avoidable violations occurred ten days after the Order's entry indicates …
Article • May 15, 2007
Class of Homeless Children Seeking Education Certified by The court certifies a class of homeless children who alleged that school enrollment and transportation procedures violate the McKinney Act and deny equal protection. At 324: The Defendants urge that the legal issue can only be decided on an individual basis because …
New Exhaustion Not Required for Enforcement of IDEA Remedy by An IDEA plaintiff who exhausted administrative remedies but remained aggrieved because the resulting IEP was not carried out was not required to exhaust again to enforce the initial decision. The fact that an IEP is supposed to be updated once …
Article • May 15, 2007
Pennsylvania DOC Rule Denying Sex Offenders Visits with Minors Upheld by The plaintiff, convicted of involuntary deviate sexual intercourse against his stepdaughter, was denied contact visits with his children pursuant to a prison regulation denying contact visits with minors to all prisoners ever convicted of sex offenses against minors, notwithstanding …
Article • May 15, 2007
No Disclosure of Informants Records by The plaintiff federal prisoner sought information on another prisoner, now escaped, whose testimony helped convict the plaintiff. On remand after National Archives and Records Administrative v. Favish, the court holds that the plaintiff's "bare suspicion" of government wrongdoing (i.e., that the informant lied) is …
Article • May 15, 2007
Challenge to Maryland's Lethal Injection Procedure Allowed by The plaintiff challenged Maryland's lethal injection procedure, alleging that during the last execution the barbiturate leaked all over the floor. His claim is a proper § 1983 claim under Nelson v. Campbell, since the issue here is the administration of an IV, …
9/11 Immigration Detainee Challenges Denial of Counsel, Religious Diet by The plaintiff was arrested on September 12, 2001, on the belief that he was connected with the 9/11 hijackers, and transferred to a federal prison, where he was subjected to a visual body cavity search viewed by multiple male and …
Article • May 15, 2007
University of Texas Medical Branch Not Subject to Federal Suit for Not Diagnosing Cancer by The plaintiff federal prisoner complained of undiagnosed cancer and sued among others the University of Texas Medical Branch (UTMB). UTMB is a state agency and protected by sovereign immunity. Texas has not waived its sovereign …
Article • May 15, 2007
NY Prisoner Suit Dismissed for Failing to Exhaust by The plaintiff says he filed grievances but his appeals are still pending. The court dismisses for non-exhaustion. The court doesn't say how long they have been pending, and doesn't mention any deadline for grievance decisions or address the view some courts …
Palestinian Prisoners and International Law by By Audrey Bomse INTRODUCTION: Since 1967, well over 650,000 Palestinians from the West Bank and Gaza have been detained by Israel for resisting the Occupation. This constitutes approximately 20% of the total Palestinian population in the Occupied Territories and 40% of the total male …
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