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County and Private Health Company Liable for Retaliatory Firings by The plaintiffs, registered nurses allegedly fired from their jobs at the county jail for criticizing the county's department of mental health, stated a First Amendment claim against various defendants. There is a question of fact whether the private medical provider …
Prosecutors Immune for Seizing Arrestees Prosthetic Leg by The plaintiff was arrested. His leg prosthesis was confiscated as evidence (it had a bullet hole in it). The prosecutor refused to return it. At trial, both parties used the prosthesis as evidence. The judge declined to order the prosthesis returned after …
Article • May 15, 2007
No Judicial Immunity for Expelling Person from Court Grounds by The plaintiff was issued trespass orders barring him from state courthouses and grounds after he parked a van bearing unflattering comments about one of the judges near a courthouse. The district court earlier granted a preliminary injunction against enforcement of …
$282,500 Awarded to Elderly Arrestee for Tight Handcuffs by The elderly plaintiff was arrested and handcuffed and complained that the handcuffs were too tight and hurt her hands and that she was handcuffed to bars. The court analyzes her claim under Bell v. Wolfish, does not cite Hudson v. McMillian, …
Article • May 15, 2007
CMS Liable as State Actor For Denying HCV Care in NJ by The plaintiff complained about his medical care, reciting a long and tortured history of his treatment and non-treatment for Hepatitis A, B, and C, and rheumatoid arthritis that may or may not have been caused by it. The …
BOP Prisoners Bunk Injury Dismissed Under FTCA by The plaintiff fell out of a bunk bed and injured his knee. He had an order to be placed in a lower bunk but didn't tell anybody about it. The order was in the prison computer but the responsible employee didn't look …
Article • May 15, 2007
Summary Judgment Denied to Jail Guards Who Killed Mentally Ill Prisoner by The decedent died after a use of force in jail. He said on admission that he had a history of mental illness and was on psychotropic medication "for rest"; though the jail usually obtained medical records for inmates …
No Supervisory Liability for Forwarding Complaint to Investigator by The plaintiff alleged that he was beaten and then retaliated against for complaining with a further assault and a false misbehavior report. The Commissioner cannot be held liable because he was not personally involved. Although the plaintiff sent him letters, it …
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 …
Article • May 15, 2007
Kentucky Jail Guards Liable for Beating Prisoner to Death by The plaintiff's argument that there is a municipal custom of failing to follow the jail's use of force policy is not supported by evidence of a single incident which violated the policy or by evidence that there were 30 or …
Prosecutor, Daughter Immune for Trying to Elicit Jailhouse Confession by The plaintiff was accused by his daughter of sexually molesting and murdering her childhood friend. His daughter then visited him in jail to try to induce him to confess, allegedly with the knowledge of the prosecutor. He refused to talk …
Wrongful Arrest Claim Supports Municipal Liability by The plaintiff alleged that he was arrested without probable cause and subjected to excessive force by the police. He was held for 12 days, despite his protestations that the warrant on which he was held was for his twin brother. After he was …
Article • May 15, 2007
No Qualified Immunity for Holding WI Prisoner Past Release Date by The plaintiff alleged that he was held 65 days beyond his release date as a result of a miscalculation, despite his advising the defendants of their mistake and requesting that they correct it. At 720: Incarcerating a prisoner beyond …
Numerous Evidentiary Rulings in Illinois Police Abuse Suit by The plaintiff sued for excessive force in his arrest, assault, and battery. The court denies the plaintiff's motion in limine to exclude his three prior felony convictions; he cites no cases in support of his argument, and "such convictions are routinely …
Jail/Police Immune for Not Treating Prisoner with Spinal Injury by The plaintiff was a passenger in a car involved in a high speed chase; an officer threw him on the ground while he was handcuffed, causing a permanently disabling spinal injury. He spent three days in jail, where a detention …
Article • May 15, 2007
Second Circuit Skirts Qualified Immunity Analysis by The Second Circuit Qualified Immunity tap dance resumes in this case. The court "ordinarily" begins by determining whether a constitutional right was violated, then decides whether the right was clearly established. But (166) "where we normally apply this two-step test, where we are …
Article • May 15, 2007
No Supervisory Liability for Ignoring Back Pain Complaint Letter by The plaintiff alleged that he had serious back pain over a period of time that was not adequately treated. Defendants do not dispute that this is an objectively serious injury, and prior decisions support that conclusion. However, plaintiff has not …
No Immunity for Cop Who Shot Arrestee in Holding Cell by The plaintiff was arrested for DWI; while in a police holding cell, an officer shot him in the abdomen under disputed circumstances. The Fourteenth Amendment use of force standard is governed by the factors set out in Johnson v. …
Suit Over Seizure of IRA Refund Check Dismissed by The plaintiff received a $617.15 refund check from the IRS, about 50% of which reflected an earned income credit, but prison officials sent the check back per an agreement to return prisoners' tax refunds to IRS for review. The plaintiff is …
No Jurisdiction for Claim of Rape in Indian Jail by The plaintiff alleged that while she was in a detention center operated by the Bureau of Indian Affairs she was sexually assaulted and battered by a guard. The court lacked jurisdiction over her claim for intentional infliction of emotional distress …
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