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Article • August 15, 2008
Holding Prisoner 57 Days Without Judicial Appearance Unconstitutional by The plaintiff turned himself in at the county jail after he learned that a warrant had been issued because he missed a court appearance concerning child support arrearages. The sheriff's office misfiled his records and kept him for 57 days despite …
Article • August 15, 2008
No Liberty Interest in New Jersey Work Release by The plaintiff was charged with drinking when he returned to a work release facility; he was found not guilty at a disciplinary hearing. (Some officers said he acted and smelled drunk, others did not, and the doctor said he did not …
Article • August 15, 2008
New Trial Ordered in NY False Arrest and Beating Suit by The jury found that the plaintiff had been falsely arrested and detained and had been the object of excessive force, but awarded only $1.00 in nominal damages. If the evidence shows that a plaintiff's injuries were caused by excessive …
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 …
Prison Strip and Pat Searches Upheld by The plaintiff's conclusory claim of retaliation for filing grievances and lawsuits are dismissed. Prison officials may not retaliate against prisoners for exercising their constitutional rights, but such claims must be viewed with skepticism and care because they are prone to abuse and can …
Article • August 15, 2008
No Federal Right to Safe Workplace for Jail Guards by The plaintiff jail employee alleged that she was injured as a result of contamination in the jail ventilation system (raw sewage was leaking into the air supply). There is no federal constitutional right to a safe workplace. There is no …
Article • August 15, 2008
Informant’s Identity Not Disclosed in Disciplinary Hearing by The plaintiff in a disciplinary due process case sought disclosure of the identity of a confidential informant. The court denies it because it could endanger the informant's life and undermine security. Also, since the issue is whether 104 days in segregation was …
Article • August 15, 2008
Mistake in Naming Correct Parties Justifies Relation Back Amendment by Amendments adding parties relate back to the filing of the original complaint only where there has been a mistake concerning the correct party, not where that party's identity was unknown. The court notes that "mistake" can include a legal mistake …
Kansas Sex Offender Treatment Program Violates Fifth Amendment by The plaintiff was required to complete a sex offender treatment program or suffer impaired ability to earn good time, transfer to maximum custody, and loss of privileges for the review period, which "mirror the consequences imposed for serious disciplinary infractions." The …
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 …
Article • August 15, 2008
Retaliatory Discipline Suit Dismissed by The plaintiff alleged that he was disciplined and transferred in retaliation for conduct protected by the First Amendment. The defendants are granted summary judgment based on uncontroverted affidavits that they were not personally involved. The correction officer who issued the allegedly false misbehavior report was …
BOP Prisoner States FTCA Claim for Carbon Monoxide Poisoning Stemming from Burning Prison by The plaintiff sustained carbon monoxide poisoning while locked down during a fire started during a riot. The Clinical Director ordered that he remain in the prison medical facility rather than be sent to a hospital. Six …
Article • August 15, 2008
Police Department Acceptance of Service for Cop Upheld by A police department's offer to accept service for an individual officer did not make it an agent authorized to accept service without actual authorization or appointment from the officer. Since the officer actually got the complaint, the court holds the defect …
Article • August 15, 2008
No Liberty Interest in DC Prisoners Transfer to BOP by The plaintiff has no liberty interest in his security classification, nor does he allege atypical and significant hardships resulting from it, so he has no due process claim. Nor does he have an equal protection claim with respect to prisoners …
Article • August 15, 2008
Okay for Sheriff to Fire Political Candidate by The Sheriff told his staff that if any of them ran against him, opposed his re-election, or was in any way disloyal to him, they would be fired. The plaintiff said he was running against the Sheriff, and he was fired. Three …
Article • August 15, 2008
Dismissal of Suit With Prejudice But No Costs Upheld by The plaintiff asked the district court for a dismissal without costs or for more time to answer the defendants' summary judgment motion. The court gave him more time and then dismissed with prejudice before the time had expired. The plaintiff …
Article • August 15, 2008
Transfer, Dismissal of Suit as Sanction Upheld by The plaintiff, subject to sanctions orders in the Western District of Texas and the Fifth Circuit, filed suit in the Eastern District, where venue was improper, apparently to avoid a rule in the Southern District, which provided for honoring the sanctions orders …
Beating, Pepper Spraying of Prisoners on Bus Ride Upheld by The plaintiff was "subdued" after protesting the treatment of another prisoner in the yard. The next day, he and other inmates were put shackled on a bus for transfer, and some of the prisoners created a disturbance on the bus. …
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: …
Youth Services International Not Liable for Child’s Rape by Cellmate by The plaintiff alleged that he was sexually assaulted by his roommate in a privately operated juvenile facility. The corporation is entitled to summary judgment in the absence of evidence of a corporate policy supporting liability. Its policy was to …
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