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Retaliation Claim Doesn't Require Exhaustion by A complaint of individualized retaliatory action is not a prison conditions claim requiring exhaustion of administrative remedies. At 185: "The plain language of 'prison conditions' suggest those aspects of prison life affecting the entire prison population, such as the food, medical care, recreational facilities, …
Article • May 15, 2007
Filed under: Medical, Kidney
Delay in Kidney Dialysis Not Serious Medical Need by The plaintiff suffered from complete kidney failure and was supposed to receive dialysis three times a week, but told jail intake personnel that missing appointments was "no big deal" and he had "missed them before." He missed one appointment because he …
Police Immune in Pepper Spraying Death by Police detained the decedent for emergency psychiatric evaluation (he was lying in the road yelling "get it off me"), used pepper spray and placed him restrained and face down in the police car; he was discovered face down in the emergency room, dead. …
Suit over Door Injury Medical Co-Pay Dismissed by The plaintiff alleged that he was injured when a metal door closed on him and that he waited 90 minutes for medical attention. The claim about the door is dismissed as constituting only negligence. The medical care claim is dismissed for lack …
Article • May 15, 2007
Jail Crowding Alone Not Unconstitutional by The plaintiffs were housed in two-person cells adapted for three prisoners. The space in the cells (81 to 96 square feet, with 35 to 40 square feet of unencumbered floor space) did not permit all three prisoners to be off their bunks at the …
Article • May 15, 2007
Courts Can Enforce Stipulated Settlements by The plaintiff, a part-time building code enforcement officer, alleged that he had been discharged in violation of the First Amendment. He obtained a "so ordered" settlement agreement granting reinstatement, back pay, and attorneys' fees. Subsequently the village changed its policy concerning part-time work so …
Article • May 15, 2007
Suicide Suits Must be Filed by Decedent's Estate by The plaintiff sued the Sheriff because her son committed suicide in his jail. She sued in her own behalf and not as representative of her son's estate. The plaintiff does not have standing to assert her son's rights and recover for …
Article • May 15, 2007
Native American Religious Restrictions Upheld by The Native American plaintiff complained of various religious restrictions. The defendants would not let the plaintiff "smudge" with herbs (i.e., burn them), but would allow him to use "nonaddictive tobacco" (what's that?) instead. The policy is a generally applicable regulation, not promulgated to punish …
Article • May 15, 2007
$282,500 Awarded in NY False Arrest and Beating Suit by In a police false arrest/excessive force case, the court awarded $275,000 in compensatory damages and $7500 in punitive damages, and found that the City maintained a municipal policy and practice that had caused the violation. Fees are awarded up to …
Article • May 15, 2007
BOP Denial of Bone Marrow Transplant Questioned by The plaintiff complained that the Federal Bureau of Prisons in Missouri refused him an autologous bone marrow transplant. The court affirms the district court's dismissal because during the pendency of the appeal the plaintiff was permitted to take the first steps toward …
Article • May 15, 2007
Complaint Must State Defendant's Capacity When Sued by The plaintiff did not explicitly plead that she was suing the defendant police officers in their individual capacities, though she says so now. The court invoked the Eighth Circuit's rigid rule on this point and then denies her motion to file an …
Article • May 15, 2007
Alabama Jail Not Liable for Suicide by Here's another cookie-cutter jail suicide case. The decedent, who had twice before tried to kill himself and had been placed on suicide watch during his previous stays in the jail, was arrested for DUI, driving without a license, and possession of drugs and …
Article • May 15, 2007
Restrictions on Voodoo Practices Upheld by The plaintiff alleged that the defendants' refusal to allow items needed for his religious practice including oils, powders, incense, candles, botanicals (roots, herbs, barks and berries), stones, Talisman, and charm bags violated the First Amendment. His complaint identified his religion as Egyptian Freemasonry, but …
Article • May 15, 2007
Court Dismisses Dental, Diet and TB Suit by A prior decision collaterally estopped the plaintiff's claim about placement in isolated confinement when she received a positive tuberculosis test. The fact that the prior decision involved a different prison and different defendants did not matter, since the plaintiff was a party …
Retaliatory Transfer, Arm Smashing by Guards, Denial of Care State Claim by The plaintiff complained that an officer intentionally smashed his hand and arm in the food slot in his cell door, and then denied him medical care. He recounted a second incident of the same nature, plus additional incidents …
Article • May 15, 2007
Court Dismisses Kansas Beating Suit by The plaintiff alleged excessive force but did not respond to defendants' summary judgment motion, though he filed a verified complaint with affidavit attached. Defendants' version, not specifically controverted by the plaintiff, is that they used necessary force to subdue an actively resisting prisoner. The …
Five Hour Delay in Treating Beaten Arrestee Okay by The deaf plaintiff alleged that he was arrested because of his disability (i.e., because he didn't sufficiently cooperate with police because he couldn't hear what they were saying). Police investigative activities are "government programs" under the Americans with Disabilities Act, as …
Sheriff Not Liable in Prisoner Attack by The plaintiff alleged that he was assaulted by another prisoner after that prisoner had twice threatened him in the presence of a staff member, who did nothing despite the plaintiff's requests to be moved. The plaintiff alleged that the assailant should have been …
Article • May 15, 2007
Administrative Exhaustion for Kidney Transplant Habeas by Petitioner filed a habeas petition to get a furlough so he could get a kidney transplant. The court dismisses for non-exhaustion without commenting on the fact that this is a habeas proceeding, whether it is a proper habeas proceeding, whether the PLRA should …
No Immunity for Beating Delaware Prisoner by The plaintiff alleged that he did not lock in during an alarm when the signal was given because he was in the shower and didn't hear the signal. He was then beaten by the riot squad, further beaten as he was taken to …
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