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Article • May 15, 2008
Public Entities Can Assert Attorney Client Privilege by Public entities (the county Board of Commissioners and Sheriff's office) are entitled to assert the attorney-client privilege. Documents prepared in anticipation of being sued under the Civil Rights of Institutionalized Persons Act are protected by the work product doctrine in subsequent § …
Article • May 15, 2008
District Courts Must Inform Pro Se Litigants of Summary Judgment Requirements by District courts are obliged to notify pro se litigants of the nature and consequences of an opposing party's summary judgment motion. There are exceptions when the moving party has provided the requisite notice or when the pro se …
Article • May 15, 2008
BOP Legally Enacted Rules Restricting Early Release for Drug Treated Prisoners by The Bureau of Prisons acted within its authority by making prisoners who were convicted of being a felon in possession of a firearm, or had had their sentences enhanced for possession of a dangerous weapon while committing a …
Article • May 15, 2008
Amended Complaint Can Sue Cops in Individual Capacity by A complaint in a police brutality suit did not specify the capacity in which the defendants were sued. A later amended complaint that specified their individual capacities related back to the time of the original complaint. This may not have been …
Article • May 15, 2008
Number of Plaintiffs Affects Class Certification by At 377: "A class will be deemed sufficiently definite if it is administratively feasible to determine whether a given individual is a member of the class." Id.: Numerosity is generally satisfied by more than 40 members, generally not satisfied by less than 21, …
Court Terminates MA Civil Commitment Center Injunction by The Massachusetts Treatment Center for Sexually Dangerous Persons is not a "prison" and persons civilly committed to it are not "prisoners" for purposes of the PLRA judgment termination provisions Persons committed to it received indeterminate sentences of one day to life to …
Article • May 15, 2008
Dismissal of Suit Against Parole Commissioner Reversed by The plaintiff alleged that a parole commissioner delayed his release for several months without justification. The district court should not have dismissed on grounds of absolute immunity without a record showing whether the commissioner's actions were quasi-adjudicative (warranting immunity) or administrative (not …
Sheriff May be Liable for Jail Suicide by The decedent was arrested while drunk and promptly hanged himself in a police holding cell. The plaintiffs settled with the city defendants for $11000, leaving the state defendants in the case. The district court did not abuse its discretion in refusing to …
Article • May 15, 2008
Exclusion of Violent Offenders from BOP Good Time Program Upheld by The petitioner was denied a sentence reduction after he had successfully completed a substance abuse program. The Federal Bureau of Prisons did not exceed its statutory authority in excluding prisoners who had prior, rather than current, convictions for violent …
Article • May 15, 2008
Colorado law Denying Bail to Criminal Aliens Unconstitutional by A statute requiring that criminal aliens detained for deportation hearings be held without bond denies due process on its face because, substantively, it is a deprivation of liberty and is not narrowly tailored to meet valid legislative goals, and procedurally, denies …
$200,000 Settlement for Negligent Medical Care/ Treatment of Federal Prisoner by The Bureau of Prisons has agreed to pay Beatrice Codianni-Robles, a prisoner at the Federal Correctional Institute in Danbury, Connecticut, $200,000 to settle a federal tort claims suit. After concluding a job on the prison yard on September 12, …
Washington Guard Settles Sex Discrimination Suit for $734,900 by Lenna Bradley, a Washington state Department of Corrections (DOC) guard, sued the state in state court after the DOC did nothing to remedy the sexual harassment she was subjected to by other guards. After she filed suit she was harassed by …
Article • May 15, 2008
Court Dismisses NY Prisoner’s Failure to Protect Suit by Court Dismisses NY Prisoner's Failure to Protect Suit At 544: "Given the extensive amount of discussion already devoted to the question of the PLRA's administrative exhaustion requirement, reinvention of the wheel is unnecessary" The court buys exhaustion when the prisoner seeks …
Administrative Exhaustion Required in Alabama HIV/AIDS Class Action Suit by The plaintiffs sued on behalf of themselves and all present and future HIV-positive prisoners in the state prison system, complaining both of their segregation from the general prison population and their exclusion from most programming, and of inadequate medical care. …
Ninth Circuit Upholds Discipline of Immigration Prisoner; PLRA Does Not Apply by The plaintiff, an immigration detainee, was in the law library when some visitors came in, and he made some disparaging remarks about the institution, handed them a flyer, and suggested they could not believe what officials told them. …
No Qualified Immunity for Jail Guard Who Ignored Suicidal Prisoner Tying Noose Around Neck by The decedent hanged himself after being arrested for irrational behavior under the influence of drugs. His mother, a Ph.D. clinical psychologist, said two months later that he was not suicidal when she spoke with him …
Immunity for Warden in Hiring Decision by The defendant warden was entitled to qualified immunity for departing from the usual hiring practice (i.e., preferring in-house candidates to those from other prisons) in filling a lieutenant's position in order to increase the amount of minority representation in such jobs at the …
County Immune for Holding Federal Detainee Without Court Hearing by The plaintiff, a federal detainee held in a county jail, was detained for 12 days before being taken before a judicial officer. The Feds settled. The County could not be held liable because its actions did not cause the deprivation: …
Warden May Be Liable for Suicide for Lack of Mental Health Staffing by The plaintiff was sentenced to 60 days for possession of Valium in the third degree. After six days in jail he drank cleaning fluid, which was viewed by staff as a suicide attempt despite his claim he …
No Liability for Jail Prisoner’s Suicide by No Liability for Jail Prisoner's Suicide The decedent, diagnosed as schizophrenic, was arrested on outstanding warrants. Jail personnel were notified that he was an escape risk and he was placed in a suicide watch cell. The officer on duty the next day was …
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