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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 …
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 …
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 …
Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury by Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury The plaintiff was involuntarily detained and hospitalized. He prevailed both on his Fourth Amendment claims for unlawful seizure and his state law claims for false …
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
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
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 …
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
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 …
El Paso County Jail Conditions Unconstitutional by The Fifth Circuit Court of Appeals reviewed a district court's order that found conditions at Texas' El Paso County Jail were unconstitutional and ordered injunctive relief to correct the violations. The district court ordered that exercise and recreational areas be installed; prisoner diets …
Jama et al v. Esmor Correctional Services, NJ, Def MoL in Opposition of Plf Mot to Preclude DeLand Testimony, immigration beating, 2007 Case 2:97-cv-03093-DRD-MAS Document 450 Filed 05/10/07 Page 1 of 34 PageID: 8228 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Steven D. Weinstein New …
Brief • May 7, 2007
Filed under: Settlements
Scruggs v. WA DOC, WA, Settlement Agreement, 2004 _ ... :..~ ~~-:~ 011011 , elLIS. vas./ j.j.• Jar ••••••-• VOL' 4 ... .I.UJUO 2.1.131.1 0 IgIUU3 liJUUS ~. RELEASE (TORT) 1oS-1-Lig I / CONSIDERATIONofof-the total sum sum of ofSix ThousandThree Three Hundred Dollars FOR AND AND IN CONSIDERATION the total …
Brief • April 20, 2007
Massey v. Galley, MD, SJ Memo & Order, FOIA PIA censorship, 2007 IN THE CIRCUIT COURT FOR ALLEGANY COUNTY, MARYLAND RICHARD MASSEY, JR. #190-754 Plaintiff v. CIVIL ACTION NO. C-02-20975 JON GALLEY, WARDEN Defendant MEMORANDUM AND ORDER Before the Court are the parties Cross Motions for Summary Judgment. The Court …
Chicago Juvenile Detention Center Workers Resist Court-Ordered Reforms by John Dannenberg by John E. Dannenberg In June 1999, the American Civil Liberties Union (ACLU) won a suit against Chicago?s Cook County to abate unconstitutionally sordid, unsafe and abusive conditions at its Juvenile Temporary Detention Center (JTDC), conditions that had been …
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