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Horton v. CCA, TN, Deposition - Gardner, whistleblower mentally ill segregation negligence, 2008 BRASWELL.HORTONV. CCA / DEPOOF BRIAN GARDNER SHEET 1 1 PAGE 3 PAGE 1 IN FOR THE THE DISTRICT COI]RT STATES DISTRICT OF TENNESSEE UNITED MIDDLE 2 1 A 2 For 3 4 MAP / BRASWE-L, as conservd-or …
Horton v. CCA, TN, Deposition - Perry, whistleblower mentally ill segregation negligence,2008 BRASWELL,HORTONV. CCA / DEPOOF PATRICKPERRY IN FOR - .-. I U PAGE 3 PAGE 1 SHEET 1 J IVHKI a of FRANK D. indiwidually, THE THE COURT DISTRTCT STATES DlSTRICT OF TENNESSEE UNITED MIDD]-E APPEARANCE 2 For the …
Article • September 15, 2008 • from PLN September, 2008
New York Prisoner Awarded $21,500 for Finger Injury by On September 13, 2007, a court of claims in Syracuse, New York, awarded $12,500 to a state prisoner for pain and suffering related to a broken finger. While imprisoned at the Oneida Correctional Facility on October 24, 2001, state prisoner Patrick …
PLN Wins Kansas Censorship Suit by Michael Rigby by Michael Rigby On October 1, 2007, in a lawsuit filed by Prison Legal News (PLN), the U.S. District Court for the District of Kansas held that a Kansas prison policy limiting the amount of money prisoners can spend on publications, a …
Brief • September 15, 2008
Cameron v. City of New York, NY, Pltf Memorandum Motion in Limine, police misconduct training, 2008 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------X KAREN CAMERON and SYLVIA ) HIGGENBOTTOM, ) Plaintiffs, ) ) - against ) ) THE CITY OF NEW YORK, et al., ) ) Defendants. …
Brief • September 5, 2008
Cameron v. City of New York, NY, Motion in Limine, police misconduct training, 2008 PRELIMINARY STATEMENT Plaintiffs Karen Cameron and Sylvia Higgenbottom submit this memorandum of law in support of their pre-trial motions. In their motions, plaintiffs seek an Order, pursuant to Rules 104 and 401-403 of the Federal Rules …
“Special Circumstances” Justify Non-Exhaustion in Second Circuit by The Second Circuit Court of Appeals has excused a New York prisoner’s failure to exhaust available administrative remedies under the Prison Litigation Reform Act (PLRA). The court found that prison officials’ erroneous refusal to investigate a claim, and frustration of administrative review …
Washington DOC Settles Failure to Supervise Parolee Suit for $975,000 by Nathan Hipsher, a Washington state parolee, was using drugs, failing to participate in drug treatment and not reporting to his parole officer, who didn't have him arrested. He was living with Amber Bulus-Steed at the time, who he eventually …
ADA Upheld by Fifth Circuit by The ADA is a permissible exercise of Congress' authority under the Fourteenth Amendment to override the Eleventh Amendment. Under City of Boerne, the court must assess whether there is "congruence and proportionality" between the injury to be remedied and the means adopted. That standard …
Article • August 15, 2008
Local and State Legislators Entitled to Immunity by Local legislators, like state legislators, are absolutely immune from suit under 1983 for their "legislative activity." Although the distinction is not made completely clear, apparently this holding applies to personal liability for damages; injunctive claims are not mentioned. Whether an activity is …
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 …
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