Skip navigation

Search

2549 results
Page 47 of 128. « Previous | 1 2 3 4 ... 43 44 45 46 47 48 49 50 51 ... 124 125 126 127 128 | Next »

Article • August 15, 2008
Hebrew Israelite Prisoner Fails to Show Medallion is Religious by The plaintiff, a Hebrew Israelite, was deprived of his gold leaf medallion; a Catholic priest said he'd never heard of a religion that used a gold leaf medallion, and several Muslims said it was not a religious emblem. The plaintiff …
Article • August 15, 2008
Prison System Commissioner Not Liable For Out of State Transfer by The plaintiff was assaulted by an employee and later by other prisoners in a Texas jail to which he was transferred because of overcrowding in Colorado. The plaintiff's allegation against the Director of the Colorado prison system, that he …
Court Orders Discovery of D.C. Cop’s Personnel Files by At 355: "... [A]ny claim that a party's potential witnesses and exhibits are not fit subjects for discovery is fatuous." The existence of a pre-trial order procedure does not retroactively make those subjects unfit for discovery. The court directs production of …
Article • August 15, 2008
Drilling Teeth Without Anesthesia and Denial of Lower Bunk Upheld by The plaintiff alleged that the defendant forced him to take an upper bunk despite his visual impairment and made him stay there after he got a medical direction to take a bottom bunk; a month and a half later …
Article • August 15, 2008
California Sheriffs Entitled to Sovereign Immunity by The California Supreme Court has held that a sheriffs act on behalf of the state when performing law enforcement activities, which makes them absolutely immune from tort liability under 42 U.S.C. §1983 action. That rationale comes because the Court found that California sheriffs …
PHS Not Liable in Kansas Wheelchair Collapse by The defendants were not deliberately indifferent in providing the plaintiff a wheelchair that collapsed under him. The court notes that they always recognized his medical needs by providing him a wheelchair, he signed two forms reflecting that the wheelchair issued to him …
ADA Valid Exercise of Congressional Authority by The Americans with Disabilities Act is not invalid under the Eleventh Amendment because it is a proper exercise of Congress's authority under 5 of the Fourteenth Amendment. Unlike the Religious Freedom Restoration Act, the legislative record of which lacked examples of modern instances …
Firing of Work Release Intern for TV Interview Upheld by A student intern was terminated from her position at a halfway house for sex offenders for giving a television interview in which she criticized a proposed policy change. Her interest in free speech was outweighed by the state's interest in …
ADA Withstands 11th Amendment Challenge by The Americans with Disabilities Act does not violate the Eleventh Amendment. Unlike the Religious Freedom Restoration Act, it is "plainly adapted" as a remedial measure even if it prohibits conduct that may or may not be unconstitutional. Its remedies are not so sweeping that …
Class Certification Denied in Suit by Disabled NM Children Prisoners by The plaintiffs, 16 mentally or developmentally disabled children in state custody, alleged a failure to provide protections and therapeutic services required by federal statutes and Constitution, seeking certification of a class of children "in or at risk of State …
Jail Liable for Rape of Women Prisoners; Short Duration of Bad Conditions Okay by The two female plaintiffs were sexually assaulted by a jailer while serving 48-hour sentences for minor offenses. The jailer was subsequently fired and pled guilty to criminal charges as to one plaintiff. At 1307 n. 5: …
Prosecutor Immune from Suit Where Charges Dropped on Appeal by The plaintiff was prosecuted and convicted of assault on a staff member and sentenced to an additional eight months in jail; on appeal the charges were dropped. The plaintiff sued the prosecutor and those who brought the charges. The prosecutor …
Denial of AIDS Medication, Food to Texas Jail Prisoner Upheld by The plaintiff, prescribed AZT and Crixivan, got no Crixivan for five days and then half-doses for the next 15 days. When he saw a doctor after 19 days, his dosage was promptly increased. He was not able to get …
Psychiatrists Who Okay Homicidal Cops Return to Duty Not Entitled to Qualified Immunity by A police officer abused the plaintiff. At the time, he had a remarkable record of bizarre and violent misconduct, including holding several police officers hostage with a shotgun after assaulting his wife (after which he was …
IDEA is Constitutional by The Individuals with Disabilities Education Act (IDEA) was valid under 5 of the Fourteenth Amendment and therefore Congress successfully abrogated states' Eleventh Amendment immunity. Alternatively, it provides an unambiguous waiver of Eleventh Amendment immunity by clearly conditioning the receipt of federal funds on states' willingness to …
City Liable for Police Beating; Prior Settlements Admissible to Prove Policy by The 17-year-old plaintiff was forcibly arrested and thrown against a van, causing bruises to chest and head, was kneed in the back, and was bruised by excessively tight handcuffs, after engaging in a mock fight witnessed by a …
Article • August 15, 2008
Second Circuit Discusses Qualified Immunity Analysis by At 66: "... [T]he initial question in the qualified-immunity inquiry should be whether the complaint sufficiently alleges the violation of a federal right . ..." The court does not mention the decision in Horne v. Coughlin, 178 F.3d 603 (2d Cir. 1999), which …
Article • August 15, 2008
Failure to Investigate Police Misconduct Establishes Municipal Liability by At 1205: This Court has held municipalities liable under Monell when the plaintiffs have produced evidence of prior complaints sufficient to demonstrate that the municipalities and their officials ignored police misconduct.... ... Evidence that a police department has failed to investigate …
Article • August 15, 2008
Maine Jail Not Liable for Strip Search Policy by The plaintiff was arrested for an unpaid traffic fine, which in fact had been paid, and was strip-searched on admission to the jail. Nobody could be held liable for this, since there was no evidence of a municipal custom. Though the …
Supervisory Officials Liable for Denial of Religious Services by The plaintiff complained that inmates in a particular unit were not permitted to attend Muslim services. His injunctive claim is moot because he has been released. However, he may be entitled to damages, and even nominal damages would support an award …
Page 47 of 128. « Previous | 1 2 3 4 ... 43 44 45 46 47 48 49 50 51 ... 124 125 126 127 128 | Next »