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Article • May 15, 2007
CMS Doctor Not Liable for Delaying Bone Graft by The plaintiff saw a specialist who said he needed a bone graft procedure immediately, and the prison doctor defendant recommended that he get it. Nine months later, the same specialist said there was no need for further evaluation or surgery, and …
Article • May 15, 2007
Removal of Disruptive Pro Se Plaintiff during Cross Examination Upheld by A pro se prison plaintiff was removed from the courtroom during the trial after he persisted in disrupting the cross-examination of one of his witnesses (an adverse witness) with frivolous objections. After the cross-examination was over, he was allowed …
Article • May 15, 2007
Courts Can Enforce Settlements by When a court retains jurisdiction to enforce a settlement agreement, it may extend the life of that agreement in order to obtain compliance with it, even if the agreement contained a defined end date. The Eleventh Amendment did not forbid further relief, since the defendants …
Article • May 15, 2007
Alabama Jail Still not Liable for Suicides by The plaintiff, a crack addict with a history of suicidal ideation and other psychiatric problems, was arrested for shoplifting and behaved in a deranged fashion. Once locked up, she calmed down, but then starting tearing up her mattress and tied part of …
Article • May 15, 2007
No New Trial in NY Beating Suit that Plaintiff Lost by The plaintiff alleged excessive force; a jury found for the defendants; the plaintiff moved for judgment as a matter of law. The ten-day limit on such motions is jurisdictional, but it runs from the date the actual judgment is …
Brutality Claim Set for Trial by The plaintiff complained of failure to protect from inmate assault, excessive force, and retaliation for his successful appeal of a protective custody placement. The failure to protect claim is dismissed for non-exhaustion even though the plaintiff alleged that he did not file grievances because …
Article • May 15, 2007
No Reconsideration of Summary Dismissal by The court granted summary judgment against the plaintiff with respect to his medical care for Tailor's bunions, tinnitus, allergies, etc. 155 F.Supp.2d 77. Now it denies his Rule 59(e) motion for reconsideration on the ground that it just restates his earlier arguments or relies …
Article • May 15, 2007
Law Library Denial Didn't Prevent Habeas Filing by The petitioner failed to file his state post-conviction relief petition timely, so claims not raised on direct appeal are procedurally defaulted. At 984: Petitioner alleges that acts of the State, in keeping him from the law library for a time and confiscating …
Individual Prison Officials Not Liable Under FLSA by Correctional officers sued prison officials in their individual capacities, not their official capacities, over alleged Fair Labor Standards Act (wage and hour) violations, in order to avoid the Eleventh Amendment bar against official capacity suits. However, the defendants in their individual capacities …
Article • May 15, 2007
District of Columbia Sex Offender Registration Unconstitutional by The public notification provisions of the D.C. Sex Offender and Registration Act deny due process because they provide no opportunity for sex offenders to contest whether such notification is necessary to protect the public. There is a liberty interest under the "stigma-plus" …
Suit Over NY Protective Custody Conditions Dismissed by The plaintiffs complained of conditions in protective custody. They could not represent a class because they were proceeding pro se. The case is dismissed for non-exhaustion. Even if one plaintiff's letters of complaint were adequate to exhaust (which they probably are not), …
Exhaustion Required for Retaliatory Transfer Claim by The plaintiff complained that after he won a lawsuit for the denial of a liver transplant, he became the object of a blitz of disciplinary reports and was then transferred to a maximum security prison. The district court dismissed for nonexhaustion. The court …
Article • May 15, 2007
Some Damages Allowed in Visiting Suit by Plaintiffs are visitors and prisoners who were involved with staff in an altercation in the jail. They withdrew their claim of "psychiatric injuries," and defendants then claimed they could recover only nominal damages absent physical injury. The court concludes that the plaintiffs have …
Article • May 15, 2007
Attorney Fee Rates Determined by Judicial District by Fees are awarded at $300 an hour for a civil rights lawyer with 22 years' experience and $200 an hour for a seventh-year associate. New York City rates are appropriate in this suburban lawsuit even though the lawyers have their office in …
Article • May 15, 2007
Police Surveillance Consent Decree Modified by The court directs modification of a consent decree intended to protect First Amendment activity against police surveillance by removing various onerous requirements ("a dizzying array of highly specific restrictions") while preserving the prohibition on investigations intended to interfere with or deter protected activity and …
Article • May 15, 2007
Second Circuit Upholds Dismissal of Snitch Jacketing Claim by The plaintiff complained that an officer tried to get another inmate to attack him after he beat a disciplinary ticket, and when he complained about that a prison investigator accused him of being a "rat" in front of other prisoners. At …
Article • May 15, 2007
Probation Revoked Despite Lack of Mental Health Treatment by In revoking the defendant's probation, the court said that he should receive psychiatric counseling, and also said it realized that local facilities for that purpose were nonexistent. The defendant now argues that his probation should therefore have been continued. At 302: …
Article • May 15, 2007
Filed under: Sentencing, Parole
No Liberty Interest in NY Parole Laws by There is no liberty interest in the possibility of parole release in New York, since the statutes and regulations do not require parole unless specified conditions are found to exist. Nor do parole procedures violate the Ex Post Facto Clause, since that …
CA Attorney General May be Sanctioned for Lying in Prison Case by A defense attorney in prison litigation who made reckless misstatements of law or fact could be sanctioned under the court's inherent powers when recklessness was combined with frivolousness, harassment, or improper purpose. Here, a conditional habeas judgment said …
Article • May 15, 2007
Stripping Detainees Naked for Hours States Claim by The plaintiffs are arrestees who refused to answer suicide screening questions. They were treated as posing a suicide risk and were placed in a cell completely naked for periods from 6 to 18 hours, subjected to video surveillance and in most cases …
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