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Article • May 15, 2007
Offer of Judgment Must Include Attorney Fees by The plaintiff filed a class action against a collection agency and the defendant served an offer of judgment for the maximum amount that the plaintiff could recover, plus $500 for attorneys' fees and costs. The offer of judgment to the named plaintiff …
Class of Disabled Children Certified to Avoid Mootness by Children with psychiatric disabilities challenged the failure to place them timely in a Residential Treatment Facility and sought class certification. The court certifies the class. Numerosity is presumed at a level of 40 members, and it is undisputed that the class …
Article • May 15, 2007
School Case Mooted During Appeal by The court recites the "capable of repetition, yet evading review" doctrine and finds mootness. When a case becomes moot on appeal, the court considers the equities of the case in determining whether the decision below should be vacated. A party who sought review should …
ADA Group Home Suit Not Moot by The plaintiffs' claim against a fire department of disability discrimination against a group home was not mooted by its changed interpretation of the fire code, since the interpretation might change back. At 574: "The defendant's burden is a heavy one to ensure the …
Article • May 15, 2007
First Circuit Dismisses Massachusetts Detainee's Challenge of Government Imposed SAMS by First Circuit Dismisses Massachusetts Detainee's Challenge of Government Imposed SAMS On May 27, 2004, the U.S. Court of Appeals for the First Circuit dismissed as moot an appeal by alleged domestic terrorist Richard Reid challenging a district court's unfavorable …
Al Qaida Prisoners Time Magazine Censorship Upheld by Here is a paradigm case, indeed a poster child, of the judicial avoidance of uncomfortable issues. The criminal defendant, the famous "shoe bomber," residing in the Florence, Arizona maximum security prison, complained of Special Administrative Measures (SAMs) denying him incoming mail determined …
Article • May 15, 2007
BOP Work Release Injunction Vacated as Moot by The plaintiff was notified he would be transferred out of a community corrections center pursuant to the Department of Justice's abruptly announced policy change prohibiting assignment to such facilities except for the last 10% of a prisoner's sentence. He obtained a preliminary …
Article • May 15, 2007
Mootness Exception Discussed in Law Library Access Case by The Ninth Circuit Court of Appeals held that where it is only possible that a prisoner may be returned to a prison that he was transferred from, it is speculative to state the issue in a lawsuit will repeat itself as …
Article • May 15, 2007
BOP Regulation Barring Prisoner Reporters Constitutional; Ruling Later Vacated by A California federal district court held that a federal prison regulation that prohibits a prisoner from acting as a newspaper reporter does not violate the First Amendment, and the newspaper is not affected by the regulation. This action was filed …
Article • May 15, 2007
Parole Claim Moot after Release from Supervision by The United States Supreme Court held that a prisoner's full release from parole supervision rendered his procedural due process claims moot. In this decision, the Court describe the elements of the "capable of repetition, yet evading review" exception to the doctrine of …
Article • May 15, 2007
Filed under: Civil Procedure, Mootness
Voluntary Cessation of Practice Does Not Moot Suit by . . . [T]he general rule that voluntary cessation of a challenged practice rarely moots a federal case . . . traces to the principle that a party should not be able to evade judicial review, or to defeat a judgment, …
Article • May 15, 2007
Class Claims' Mootness Determined by When Certification is Sought by At 176: if named plaintiffs' claims become moot before they move for class certification, the case must be dismissed as moot. If they become moot while the certification motion is pending, "the Court should not dismiss the action until the …
Visiting Denial to Colorado Sex Offender Who Refuses Treatment Upheld by The plaintiff, a convicted sex offender, challenged various measures taken against him for refusing to participate in a treatment program. The plaintiff's declaratory and injunctive claims were mooted by his release from prison. His damage claims were not moot, …
Prison Officials Cannot Refuse to Process Grievances by The plaintiff's injunctive claims against prison officials are moot because he has been transferred to another prison. Use of Force (815): The plaintiff's allegation that officers used excessive and unnecessary force against him states a claim. Medical Care--Standards of Liability--Deliberate Indifference (816): …
Article • May 15, 2007
Lack of Indigent Defense in Oregon Suit Dismissed As Moot by Oregon had a budget crisis, so inter alia it suspended criminal proceedings against indigents and did not provide counsel for them. The district court abstained under Younger, and the court now dismisses as moot because the courts are back …
Pro Se Suit against CMS and Aramark Dismissed by The plaintiff's release from prison moots his request for declaratory and injunctive relief. The plaintiff's claim for "emotional and psychological deterioration" resulting from bad prison conditions is barred by the PLRA mental/emotional injury provision. Some circuits have held that punitive damages …
Injunction, Damages in Prison Rape Affirmed by The court of appeals for the Eighth circuit affirmed a jury's aware of damages and a court's injunction in a South Dakota prisoner's rape suit. Plaintiff was raped by other prisoners at the South Dakota State penitentiary and filed suit. At trial, a …
Drug Infraction Not Moot Upon Release by The court of appeals for the Ninth Circuit held that a federal prisoner's habeas challenge to a prison disciplinary hearing sanction was not mooted by the prisoner's unconditional release from prison. Barry Robbins was infracted for drug use at the BOP camp in …
Article • May 15, 2007
No Right to Clergyman of Choice by The court of appeals for the Ninth circuit held that Oregon prisoners do not have the right to clergymen of their choice, hence, prisoners can't sue when their favored clergyman is fired by prison officials. Court also held that injunctive and declaratory relief …
Article • May 15, 2007
Court Upholds Mistreating Prisoners For Practice by Court Upholds Mistreating Prisoners For Practice The plaintiff alleges that the defendants authorized a "live exhibition/exercise" by CERT officers, with civilian witnesses, in which he was forcefully extracted from his cell and dragged to an exercise unit where he was placed in a …
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