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Article • August 15, 2008
Class Action Suits for Damages and Injunctions Discussed by When class plaintiffs seek both equitable relief and money damages, class certification must be done under Rule 23(b)(3), with its individualized notice and opt-out provisions, unless the damages are "incidental" to the equitable relief. (This holding appears to refer to class …
Ventura County Jail Restraint Chair Use Enjoined; Class Certified by The plaintiffs complained of abuse of restraint chairs, e.g., being strapped into them for asking questions and not being let out to go to the bathroom. The plaintiffs had standing to seek an injunction concerning the use of restraint chairs …
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, …
Class Certified in Hispanic Racial Profiling Suit by Standing is assessed with respect to the class as a whole after class certification but with respect to the named plaintiffs before certification. Evidence of a pattern or practice of police conduct that does not depend on the plaintiff's own behavior can …
Article • May 15, 2008
NJ Prisoner’s Tuberculosis Suit Dismissed by NJ Prisoner's Tuberculosis Suit Dismissed The plaintiff tested positive for tuberculosis while incarcerated; he was given INH, which caused some liver problems. The defendants were not deliberately indifferent in not doing TB testing every six months rather than yearly and in giving him INH. …
Federal Court Grants Class Certification to Disabled Washington Prisoners by On August 10, 2007, the U.S. District Court for the Western District of Washington granted class certification to a group of disabled prisoners who were not allowed to participate in work release programs due to their disabilities. Plaintiff Rickey Peralez …
Relief for Unconstitutional Mississippi Death Row Conditions Affirmed on Appeal by Bob Williams By Bob Williams The United States Court of Appeals for the Fifth Circuit has affirmed most of the sweeping reforms to be implemented at the Mississippi State Penitentiary (MSP), Unit 32-C, Death Row. After several death row …
Strip-Searched Jail Arrestees May be Certified as Class for Liability by by Matthew T. Clarke On August 24, 2006, the Second Circuit Court of Appeals held that a federal district court in New York erred when it refused to certify non-felony arrestees who were strip searched pursuant to a blanket …
Article • January 15, 2008
Class Status Granted to Illinois Prisoners for Nonconsensual STD Tests by A federal judge in Illinois has granted class action status to a group of Cook County prisoners who were subjected to painful medical tests without their explicit consent. Plaintiffs Robert Jackson, Joseph McGrath and Derrell Smith claimed that during …
Nebraska Mental Health Patients' Class Action Shot Down for Class Overbreadth by Numerous involuntarily committed mental health patients in Nebraska filed a federal class action lawsuit seeking declaratory and injunctive relief, claiming sexual and physical abuse by male staff and patients at three state facilities. They also claimed an array …
Reformed Dental Care Will Have Ohio Prisoners Smiling by Michael Rigby The Ohio Department of Rehabilitation and Correction (ODRC) will hire dozens of dental health care providers, revise policies and procedures governing prisoner dental care, and implement oral health care education programs as part of a settlement agreed to in …
An Old Story: District of Columbia Continues Overdetaining and Strip Searching Prisoners by A federal district court for the District of Columbia has, once again, certified a class action in a complaint that District of Columbia is over-detaining persons ordered released and strip searching them without individualized suspicion. The Court …
Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunityndants Get Qualified Immunity by Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunity On December 22, 2004, four former prisoners of the Washington Department Of Corrections (WDOC) brought suit in federal …
Article • May 15, 2007
Restraint Chair Use Enjoined, Class Certified, $925,000 Settlement by The U.S. District Court for the District of California issued a preliminary injunction prohibiting use of the "Pro-straint" restraining chair and certified as a class all persons incarcerated during the lawsuit who were "subject to being restrained in the Pro-straint chair …
Claims Against California Youth Authority Valid, Class Certified by The U.S. District Court, E.D. California, held that a California Youth Authority (CYA) prisoner had standing for injunctive relief as to mental health claim; allegations supported Rehabilitation Act (RA) and Americans with Disabilities Act (ADA) claims and access to court claims; …
Class Claims Must Be "Fairly Encompassed" By Named Plaintiff's Claims by Class Claims Must Be "Fairly Encompassed" By Named Plaintiff's Claims The U.S. Supreme court held that a Mexican-American who filed suit under the Civil Rights Act claiming he was passed over for promotion because of his national origin could …
Article • May 15, 2007
Numerosity Supports Class Certification by Former employees alleged age discrimination in employment. Numerosity is presumed at a level of 40 class members. At 474: "Commonality is met if a common issue of law or fact is shared by the members of the prospective class." (Emphasis supplied) At 476: "Where, as …
Article • May 15, 2007
Class Certified in Customs Strip Search Suit by African-American women sued the Customs Service over airport searches. The commonality requirement for class certification "is not a demanding requirement; one issue of fact or law common to all class members will suffice." Here the common issues are whether or not the …
Article • May 15, 2007
Class Numerosity Satisfied With 40 or More Members by At 590: "Generally, courts will find a class sufficiently numerous when it comprises 40 or more members." However (id.): . . . [W]here a class is not obviously numerous, courts should, in addition to the number of proposed class members, consider …
Article • May 15, 2007
Rule 68 Offers Not Allowed in Class Actions by The plaintiff filed suit. The defendant--before appearing or answering--served an offer of judgment under Rule 68 which supposedly offered everything that the plaintiff could have gotten in the litigation. The plaintiff moved for class certification and then to strike the offer …
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