Skip navigation

Search

6942 results
Page 242 of 348. « Previous | 1 2 3 4 ... 238 239 240 241 242 243 244 245 246 ... 344 345 346 347 348 | Next »

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 …
Article • May 15, 2007
BOP Prisoner Suit Dismissed for Failing to Exhaust by Plaintiff failed to exhaust because he did not try to resolve his claims informally and did not file a remedy request with the warden. Though the regulations permit bypassing these steps if the inmate reasonably believes the issues are too "sensitive," …
Article • May 15, 2007
BOP Prison Phone Suit Wrongly Dismissed by New federal prison telephone policies limiting prisoners to 300 minutes per calendar month were instituted after the Bureau of Prisons settled an earlier suit about telephone policies. The plaintiff alleged that the earlier settlement was entered fraudulently with intent to retaliate against prisoners …
Court Denies Certification to Class of Involuntarily Operated On Mental Patients by Court Denies Certification to Class of Involuntarily Operated On Mental Patients Developmentally disabled persons challenged the District's policy of allowing city officials to consent to elective surgical procedures on their behalf (in the named plaintiffs' cases, two involuntary …
Article • May 15, 2007
Court Vacates Default Judgments by The court relieves defendants from entry of default, since plaintiff shows no prejudice to his ability to present his case, the fault was counsel's rather than the parties' (he was awaiting service of all defendants before answering), defendants moved promptly to set the default aside …
Article • May 15, 2007
Court Enjoins BOP Prisoner Transfers from Work Release by The three petitioners moved to vacate their sentences on the ground that they had been imposed on the understanding that the petitioners would serve their short sentences of imprisonment in community correction centers, but the Department of Justice had subsequently decided …
Article • May 15, 2007
No Dismissal of Visiting Denial Suit by Gang Founder by The plaintiff, claimed to be a founder of the Bloods, alleged that he was denied contact visits in the New York City jails even after he grieved the issue and won it. Defendants moved for judgment on the pleadings. The …
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 …
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
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 …
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 …
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 …
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 …
Page 242 of 348. « Previous | 1 2 3 4 ... 238 239 240 241 242 243 244 245 246 ... 344 345 346 347 348 | Next »