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Injunction Against California DOC Precluded By PLRA, Turner by In this unpublished ruling the U.S. Court of Appeals for the Ninth Circuit held that the California Department of Corrections (CDC) did not have to comply with plaintiffs' proposed modifications to its procedures for housing and screening disabled prisoners and that …
Jury Awards $136,501 to Handicapped Michigan Prisoner Sent to Virginia Prison by Dwayne Hubbard, a one-legged Michigan state prisoner was sent to a Virginia prisoner due to overcrowding. The Virginia prison had no accommodations for his handicap. He fell and injured his back in the shower. The Virginia guards made …
Article • May 15, 2007
Eleventh Circuit Defines Privacy Act Elements by The Eleventh Circuit Court of Appeals has defined the requirements for stating a Privacy Act claim, and reversed the dismissal of the complaint. Federal prisoner Angelo Perry filed a complaint against the Bureau of Prisons (BOP) for willfully and intentionally transferring [him] pursuant …
BOP Must Disclose Part of Investigation Manual by The federal prison at Forrest City, Arkansas (prison) suspended for one day an employee represented by the American Federation of Government Employees (AFGE). The AFGE requested that the prison produce a copy of its Special Investigative Supervisor Manual (manual), which the prison …
Title VII Suit Dismissed for Lack of Exhaustion by The plaintiff's Title VII hostile work environment claim is dismissed for nonexhaustion because he didn't include it in his EEOC charge and it is not "reasonably related" to the claims he did assert. At 1100: "Pro se plaintiffs must strictly comply …
Article • May 15, 2007
Mental Exam Barred in Discrimination Suit by An employee did not place her mental condition sufficiently "in controversy" to require her to submit to a mental examination under Rule 35, Fed.R.Civ.P., by alleging emotional distress as an element of damages in a Title VII discrimination case. While her mental condition …
Article • May 15, 2007
Expert Witness Can Change Opinion At Any Time by The court allows a supplementary report by plaintiffs' expert in a RICO case based on misrepresentations about the effects of tobacco "to accommodate the scientific process seeking truth" (486) even though it was submitted during the trial only a few days …
Article • May 15, 2007
HCQIA No Bar to Discovery of Peer Review Reports by The Health Care Quality Improvement Act "does not create an inviolate bar to discovery of materials relating to peer review committees." (438) The court grants plaintiff's motion to compel, along with a protective order. The complaint alleges that the peer …
Article • May 15, 2007
RFRA Does Not Require Religious School to Recognize Union by The National Labor Relations Board ordered a religious college to recognize a union, which it objected to on grounds that it was a religiously operated institution not subject to the National Labor Relations Act and that it had religious objections …
DC Court Lacks Jurisdiction Over Virginia DOC Officials by At 5-6: "Removing any doubt, we now hold, as has every circuit to have considered the matter, that the PLRA's exhaustion requirement simply 'governs the timing of the action' and does not contain the type of "'sweeping and direct'" language that …
Article • May 15, 2007
Title VII Suits Limited to EEOC Charges by At 928: The scope of a civil complaint [under Title VII] is limited by the scope of the EEOC charge that precedes it. . . . This is not an issue of subject matter jurisdiction, however, but is more in the nature …
Qualified Immunity for Prison Psychiatrist Who Fails to Protect Prisoner by The plaintiff told a prison psychologist that he thought he was at risk of attack, and she did nothing, concluding that it was all in his head (i.e., he was reliving past trauma). Also, in subsequent sessions, he indicated …
Article • May 15, 2007
Firing of Maryland Muslim Chaplain Upheld by The plaintiff, who said he was constructively discharged from a contractual position as Muslim chaplain, sued under Title VII, alleging that he was discriminated against by being subjected to a racially hostile workplace. The court concludes as a matter of law that the …
No Policy Needed to Support Municipal Liability Under ADA/RA by A municipal policy need not be shown to support liability under the disability statutes; the statutory term "employer" encompasses any agent of an employer covered by the statute. At 575: "There is no 'deliberate indifference' standard applicable to public entities …
ADA Suit by Alcoholic Work Release Residents Dismissed by Residents of a halfway house for alcoholics were disabled for purposes of the disability statutes, since alcoholism is a recognized disability and since the halfway house only admitted persons who inter alia were determined to be unable to abstain without continued …
Alcoholism is a Disability by Alcoholism is an "impairment" under the disability statutes; to be a disability, an impairment must substantially limit one or more major life activities, and the impact must be "permanent or long-term." Major life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, …
Article • May 15, 2007
Title VII Claims Subject to Equitable Tolling by The Title VII 300-day EEOC filing requirement is subject to the doctrine of equitable tolling when the employee is excusably ignorant of the discriminatory act or the existence of a claim. The D.C. Circuit reserves this power for "extraordinary and carefully circumscribed …
Title VII Requires Class Wide Administrative Change for Certification by Under Title VII's exhaustion requirement (151-52), a class action must be supported by at least one representative charge, timely brought by one of the named plaintiffs, which adequately identifies the collective, class-wide nature of the claimed discrimination. . . . …
Article • May 15, 2007
Gay New York Prison Guard Sues over Harassment by The plaintiff complained of a course of severe anti-gay harassment of him in his employment by the prison system, apparently as a correction officer. Claims against DOCS and prison personnel in their official capacities were barred by the Eleventh Amendment, but …
ADA Group Home Suit Not Moot by The plaintiffs' claim against a fire department of disability discrimination against a group home was not mooted by its changed interpretation of the fire code, since the interpretation might change back. At 574: "The defendant's burden is a heavy one to ensure the …
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