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Article • August 15, 2008
Administrative Exhaustion Required in Suits for Damages by The PLRA exhaustion requirement extends to damage cases even when the administrative remedies don't provide damages The court resorts to the dictionary for definitions both of "available" and of "remedy"; the latter is defined as "to rectify," to "put right," or as …
State Officials Not Liable for Heat Stroke Death of 12 Year Old Boy by State Officials Not Liable for Heat Stroke Deaht of 12 Year Old Boy This is the case of Andrew Lemoine, the 12-year-old boy on antipsychotic medications who died of heat stroke after being made to build …
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 …
Article • August 15, 2008
Non Payment of Filing Fees Can Justify Ban on New Litigation by A "serial litigator" who hasn't paid his past filing fees because he spends his money as fast as he gets it could be prohibited from bringing additional actions until he pays all the back fees. The court does …
Article • August 15, 2008
NY Child Protection Suit Settled for Expert Evaluation, No Injunction by The court approves the settlement concerning child protection in New York City, which provides for a panel of experts to comprehensively evaluate the operations of the Agency for Children's Services but provides no specific injunctive relief. It bars future …
Article • August 15, 2008
No Extension for Late Discovery Requests, Case Dismissed by The defendants moved for summary judgment in a two-year-old case; the plaintiff asked that the motion be deferred for additional discovery, since he had just recently (four months previously) identified the offending police officer and was prepared to file discovery requests …
Firing of Abusive Texas Prison Guards Upheld by The plaintiff correctional officers were fired for misconduct in connection with a use of force. After acquittal in their criminal trials, the prison system refused to restore their jobs. They claimed that the prison system had suppressed exculpatory evidence. Their claims are …
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
No One Liable for Denial of Medical Care to Houston Jail Asthmatic by The plaintiff was arrested and arrived at the police station having an asthma attack. She asked to see a doctor and was told that the clinic was closed. She said she was not medically screened; the clinic …
Article • August 15, 2008
Filed under: Court Access, Discovery
Court Access Rights Discussed by At 785: "The right of access to the courts arises in a variety of contexts." The right to sue and defend in court is a privilege of citizenship guaranteed by the Constitution. There is a right of court access encompassed within the right to petition …
Article • August 15, 2008
Denial of HIV Medications Claim Dismissed for Failure to Exhaust by The plaintiff complained of an interruption of his HIV medications at a county jail where he spent five days He did not utilize administrative remedies there At 1166: "An inmate must allege and show that he has exhausted all …
Article • August 15, 2008
No ADA Violation for Denying Deaf Arrestee Sign Language Interpreter by The deaf plaintiff complained that she was arrested without being provided an American Sign Language interpreter. (They did show her the Miranda warnings in writing.) An arrest is not a "program or service" under the Americans with Disabilities Act, …
ADA Requires Employees Exhaust Claims Prior to Filing Suit by Title II of the Americans with Disabilities Act doesn't create a claim for public employees for employment discrimination; it doesn't deal with employment, and Title I, which does, relegates public employees to the administrative scheme with exhaustion requirement of Title …
Article • August 15, 2008
Post Monitoring Fees Allowed in Institutional Reform Suits by At 1344: "In complex institutional litigation that often entails extensive remedial efforts over a long period of time, it is generally accepted that prevailing plaintiffs are entitled to post-judgment fee-and-expense awards for legal services necessary for securing compliance with, and reasonable …
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
Obesity Upheld as Classification Criteria by The plaintiff's placement in administrative segregation and his transfer did not deny due process. Assuming he had a liberty interest in remaining in general population at the sending facility, he received due process under Helms v. Hewitt. Enhancing the level of his assaults for …
Article • August 15, 2008
IFRP Not an Improper Delegation of Judicial Authority to BOP by The Bureau of Prisons did not usurp a judicial function by imposing a schedule governing the plaintiff's payment of the criminal fine imposed as part of his sentence. The court did not delegate its function to the Bureau; it …
Article • August 15, 2008
Deposition Objections Discussed by The 1993 amendments to Rule 30, Fed.R.Civ.P., which require objections in depositions to be stated "concisely and in a non-argumentative and non-suggestive manner," were a response in part to speaking and coaching objections like "if you know" and "if you remember." The court condemns plaintiff's attorneys' …
Article • August 15, 2008
Fee Award Against Frivolous Prisoner Litigant Reduced by The court had awarded fees of almost $2900 against the plaintiff after ruling against him on the merits of his claims. The Fourth Circuit reversed and held that the 12 factors listed in Johnson v. Georgia Highway Express must be applied. The …
Claim Exhausted When Prison Rules in Favor of Prisoner by The plaintiff complained of improper discipline and retaliatory reclassification and transfer At 506: "The violation of a constitutionally protected right is a sufficient injury for purposes of standing." The defendants had argued that the plaintiff lacked standing because he didn't …
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