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WA Sex-Offender Gets New Civil Commitment Trial With Court Appointed Witness by In 2000, John Anderson had been voluntarily committed to the Western State Hospital in Tacoma, Washington for ten years. He had a long history of sexual assaults and violent sexual fantasies. In 2000, the state filed civil commitment …
Injunction in PA Re-Arrest Class Action Reversed by The Philadelphia DA has a practice of rearresting persons whose charges have been dismissed at a preliminary hearing without seeking a prior judicial determination of probable cause. The named plaintiff was rearrested on a new charge worded identically to the first one …
DE FOIA's Citizens-Only Clause Declared Unconstitutional by In 2003, Matthew Lee, a New York attorney and consumer advocacy journalist, requested under Delaware's Freedom of Information Act (FOIA), Del. Code Ann. § 10003 et seq., documents relating to Delaware's joining a deceptive lending practice settlement. The Delaware State Solicitor, Malcom Cobin, …
CA Prisoner's Mental Health Records Exempt From Disclosure by In July of 2002, Ramon Gavira Camarillo, a Los Angeles County (County), California prisoner, was found hanging in his cell in the County jail. His widow, Mrs. Gavira, sued the County in state court claiming that the jail staff failed to …
Article • May 15, 2007
Segregation Excuses Failure to File Amended Complaint by The district court directed the plaintiff to file an amended complaint containing only exhausted claims, then dismissed when he did not do so by the deadline. The court should have accepted his excuse for not filing an amended complaint (he was put …
Article • May 15, 2007
Class Certification Can Be Bifurcated for Liability and Damages by The court rejects the Fifth Circuit rule that an action cannot be certified under Rule 23(b)(2), Fed.R.Civ.P., if the class claims include compensatory and punitive damages other than "incidental" damages. (These are damages that are capable of objective calculation and …
Article • May 15, 2007
Prisoner Suit Filed When Mailed to Court by Prisoner Suit Filed When Mailed to Court The plaintiff's suit was filed, tolling the limitations period, when his mailed complaint was received by the district court, even though it was returned to him for a failure to comply with local rules (i.e., …
Exposure to Smoke, Retaliatory Discipline and Dish Washing Claims Dismissed by Complaints of "sporadic and fleeting" exposure to second hand smoke on bus rides were properly dismissed as frivolous absent "competent evidence that [the plaintiff's] intermittent exposure to smoke during bus rides was an unreasonable risk to his health." (498) …
Article • May 15, 2007
Attorney Fees Allowed in Defending Decree from Attack by An original prevailing party who later defends a decree against a collateral attack in a separate action may be awarded fees based on its original prevailing party status if the work was "useful and of a type ordinarily necessary to secure …
Article • May 15, 2007
Defendant Sanctioned for Late Production of Discovery by The City, approximately two weeks before trial, "under circumstances not persuasively explained," produced documents which were clearly responsive to earlier document requests and which ultimately became a core part of plaintiff's (losing) case. The City's conduct, "although perhaps short of bad faith …
Article • May 15, 2007
Federal Court Generally Can't Enjoin State Court Proceedings by At 666: "The Younger abstention doctrine requires federal courts to abstain from enjoining ongoing state proceedings that are (1) judicial in nature, (2) implicate important state interests, and (3) offer an adequate opportunity for review of constitutional claims, (4) so long …
Article • May 15, 2007
Class Representatives Have Standing to Enforce Settlements by Class representatives moved to enforce a settlement, and the motion was opposed on the ground that they had not personally suffered the injuries set out in the motion and therefore lacked standing. At 173 n.10: Although, upon certification of a class, the …
Article • May 15, 2007
Attorney Sanction for Failure to Comply with Pretrial Orders Upheld by Both plaintiff's and defendants' attorneys were sanctioned for failing to comply with the court's pre-trial order procedures, and plaintiff's attorney appealed (defense counsel's motion to vacate was still pending in the district court). At 125-26: A court has the …
Article • May 15, 2007
Notice to Class Inadequate, Collusion Between Parties Voids Settlement by Class actions seeking damages may be certified under Rule 23(b)(2), but only if the damage claims are "incidental to the primary claims for injunctive or declaratory relief." (1165) That rule is a requirement of due process, since class members are …
Article • May 15, 2007
Preliminary Injunction Insufficient for Prevailing Party Status by Under Buckhannon, a preliminary injunction does not make a plaintiff a prevailing party for fees purposes, since the merits inquiry for a preliminary injunction is "necessarily abbreviated" and in some cases a plaintiff need only establish a substantial question on the merits. …
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
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 …
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 …
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