Skip navigation

Search

121 results
Page 3 of 7. « Previous | 1 2 3 4 5 6 7 | Next »

Fifth Circuit Upholds Firing of Whistleblowing Guard by The plaintiff, a former corrections officer, reported an illicit use of force by staff members; she was told to revise her statement several times because it did not match the other officers' statements; an investigation ensued; shortly thereafter she was accused of …
ADA, RA Include Private Cause of Action by The Americans with Disabilities Act's incorporation by reference of the rights and remedies of the Rehabilitation Act, which in turn incorporates those of Title VI of the Civil Rights Act of 1964, includes the judicial gloss on those rights and remedies, including …
Article • May 15, 2007
District of Columbia is "Suable Entity" Under 42 U.S.C. §1983 by District of Columbia is "Suable Entity" Under 42 U.S.C. §1983 The United States District Court for the District of Columbia (D.C.) held that the district can be sued under 42 U.S.C. §1983. Twenty-three D.C. prisoners at the Lorton Reformatory …
Damage Judgment Against Indiana Warden Vacated by The Seventh Circuit Court of Appeals vacated a damage judgment against an Indiana State Prison Warden in his official capacity. The Indiana Northern District Court's decision to award damages against the State violated the Eleventh Amendment and must be reversed. The case was …
Prisoner's Damages from Civil Suit May Not Be Taken for Recovery of Incarceration by Prisoner's Damages from Civil Suit May Not Be Taken for Recovery of Incarceration Ronald Hankins (plaintiff), a prisoner at the Missouri State Penitentiary (MSP), filed a lawsuit against William Finnel (defendant), a teacher at MSP, for …
Arizona: Failure to Provide Hearing Aid States Claim Under ADA, RA by In this unpublished decision dated January 16, 2003, the Arizona Court of Appeals, Division One, held that a prisoner's assertion, that the Arizona Department of Corrections (ADOC) failed to timely provide him with hearing aids, stated a prima …
Supreme Court Orders Dismissal of Some Defendants in Pugh by The U. S. Supreme Court ordered the State of Alabama and Alabama Board of Corrections dismissed from the Pugh v. Alabama class-action prison conditions suit on the basis of Eleventh Amendment immunity The Supreme Court ruled that because neither entity …
Personal Capacity Suits Not Barred by 11th Amendment by The United States Supreme Court has held that state officials sued in their individual capacities are "persons" within the meaning of Section 1983; the Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liability under …
Article • May 15, 2007
Courts Can Enforce Settlements by When a court retains jurisdiction to enforce a settlement agreement, it may extend the life of that agreement in order to obtain compliance with it, even if the agreement contained a defined end date. The Eleventh Amendment did not forbid further relief, since the defendants …
Individual Prison Officials Not Liable Under FLSA by Correctional officers sued prison officials in their individual capacities, not their official capacities, over alleged Fair Labor Standards Act (wage and hour) violations, in order to avoid the Eleventh Amendment bar against official capacity suits. However, the defendants in their individual capacities …
ADA/RA Suits Require Proof of Intentional Discrimination by Title II of the ADA is "neither congruent nor proportional to the proscriptions of the Fourteenth Amendment." Therefore it exceeds Congress's authority under § 5 of the Fourteenth Amendment. At 110: Although we find that Title II in its entirety exceeds Congress's …
North Carolina Jail Liable for Brain Injury by The plaintiff was arrested, fell and hit his head while handcuffed as a result of a use of force, and sustained permanent serious brain damage as a result of a blood clot. Jail staff did not carry out a doctor's order to …
Alabama Sheriffs Entitled to Immunity in §1983 Actions by The U.S. Supreme Court held that Alabama sheriffs were officials of the state rather than the county and therefore entitled to immunity in §1983 actions. An Alabama prisoner who had been sentenced to death had his conviction overturned and subsequently brought …
Removal Not Precluded By Single Eleventh Amendment Barred Claim by The United States Supreme Court held that a single claim barred by the Eleventh Amendment doctrine of sovereign immunity did not preclude removal to federal court. Keith Schacht, a former guard employed by the Wisconsin Department of Corrections, was fired …
Fifth Circuit Reverses Dismissal of Suit Against Prison Contractor by The U.S. Fifth Circuit Court of Appeals held in an unpublished opinion that a prisoner's lawsuit against a private prison operator should not have been dismissed on Eleventh Amendment immunity grounds. While confined in a prison operated by Cornell Corrections …
State Cannot Seize § 1983 Award to Satisfy Incarceration Costs by The Eighth Circuit Court of Appeals held a state may not seek reimbursement of costs for incarceration by seizing monetary damages awarded in a 42 U.S.C. §1983 action. A Missouri state prisoner was awarded $1 nominal damages and $3,000 …
State Law No Immunity for Attorney Fee Awards by The Ninth Circuit Court of Appeals has affirmed a California District Court's order awarding interest on attorney fees previously awarded, additional fees expended to enforce the first award, and requiring the State Controller to issue an award to the State Treasurer …
No Liberty Interest in Virginia Jail Work Release by The court of appeals for the Fourth Circuit held that the Riverside Regional Jail Authority in Virginia is a municipal agency and not a branch of state government, therefore they are to entitled to Eleventh amendment immunity from suit. The court …
Article • May 15, 2007
Dismissal with Prejudice Vacated; Plaintiff Ordered to Replead by The Second U.S. Circuit Court of Appeals vacated dismissal with prejudice of a New York State prisoner's medical claims and instructed the district court to dismiss without prejudice to the filing of a second amended complaint. Fernando Pratts, a New York …
Illinois Prisoner States Claim Against Prison Doctors by The United States District Court for the Northern District of Illinois held that an Illinois prisoner stated a claim under the Eighth and Fourteenth Amendments against prison doctors, and that the doctors were immune in their official capacities. Jackey Bond, an Illinois …
Page 3 of 7. « Previous | 1 2 3 4 5 6 7 | Next »