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Failure to Treat Mental Illness Not Actionable in NY Case by The plaintiff, suffering from bi-polar disorder, experienced repeated manic episodes resulting in misbehavior that increased his SHU time as well as subjecting him to unpleasant confrontations and treatment. At 296: "Because Plaintiff has not submitted any verifiable evidence indicating …
Article • May 15, 2007
Filed under: Juveniles
Juvenile Curfew Law Struck Down by The court invalidates a juvenile curfew ordinance insofar as it barred juveniles from being on the streets with parental consent. The court applies intermediate scrutiny to the claim. At 175: "Intermediate scrutiny typically is used to review laws that employ quasi-suspect classifications, . . …
Article • May 15, 2007
Filed under: PLRA, Filing Fees (PLRA)
Trial Court Abuses Discretion in Dismissed Suit over Filing Fee Payment by The plaintiff neither signed an authorization form authorizing deduction of filing fees from his account nor withdrew the action within the 20 days allowed; the court dismissed without prejudice. The order is appealable even though dismissals with prejudice …
Article • May 15, 2007
Preliminary Injunction Denied in Virginia Lethal Injection Challenge by The plaintiff sought a preliminary injunction in the form of a stay of execution based on his claim that the means by which he was to be executed violated the Eighth Amendment. Virginia law lets the condemned person choose the method, …
Article • May 15, 2007
Court Rejects Mental Patient's Toilet Deprivation Suit by The plaintiff, an involuntarily committed psychiatric patient, urinated on himself when an aide did not let him go the bathroom immediately. His claim is adjudicated under the Eighth Amendment, even though it is inapplicable to mental patients, because neither party questioned its …
Article • May 15, 2007
Strip Search of Juvenile Prisoner Upheld by The plaintiff, a 16-year-old girl, was sent to a state-approved private facility for juvenile offenders, where she admittedly used more drugs; she and others were observed "acting strangely" and staff told a passing police officer, who stopped in "to assess the situation." They …
Article • May 15, 2007
Rhode Island Guard Pay Reduction Law Upheld by The legislature amended a statute changing the method for compensating officers who earned education credits from a percentage of their salary to a flat rate. This action did not violate the Contract Clause, since the statute did not make it "unmistakably clear" …
Article • May 15, 2007
No Media Filming of Missouri Execution Allowed by Two Reverends and the New Life Evangelistic Center challenged the prison system's ban on cameras and tape recorders at executions. The case is not mooted by the completion of the execution the plaintiffs wanted to videotape. The case falls squarely within the …
Psychotropic Medication Claim Requires Expert Testimony by The plaintiff alleged that the defendant contract psychiatrist subjected him to unnecessary psychotropic medications in excessively high doses. The plaintiff failed to show he had a serious medical need; such a claim "must be supported by medical evidence, such as a physician's diagnosis, …
Article • May 15, 2007
Court Upholds North Dakota Prisoner's Forced Drugging by The plaintiff was involuntarily administered psychotropic medications, after a hearing, based on his uncontrolled assaultive behavior and his evident paranoia and its consequences. At 1054-55: A competent adult has the right to refuse medical treatment. . . . Courts have based this …
Article • May 15, 2007
Florida Lethal Injection Challenge Rejected by The plaintiff's § 1983 challenge to execution by lethal injection is the functional equivalent of a habeas corpus petition--in this case, a successive one, for which the plaintiff had not obtained permission from the Court of Appeals. The grant of certiorari in Nelson v. …
Class Certification Denied in Delay of Probable Cause Hearings Suit by The plaintiffs (196 of them) sought to represent a class of persons arrested without prior probable cause determinations challenging failure to provide timely probable cause hearings. The Supreme Court has said that generally, probable cause hearings should occur within …
Article • May 15, 2007
Expert Witness Qualifications Discussed by Defendants' unilateral cancellation of an expert deposition, based on plaintiffs' having moved to preclude the witness's testimony and strike his report, was improper, and the defendants are directed to make the witness available at the plaintiffs' convenience. This witness's designation as an expert does not …
Article • May 15, 2007
EEOC Delay Not Responsibility of Plaintiff by At 521-22: The Third Circuit recognizes "the prevailing jurisprudence that a charge [of discrimination filed with the EEOC] need not comply with a plethora of particular requirements." . . . The Code of Federal Regulations provides that "a charge is sufficient when the …
Kansas Jail Retaliates Against Nurse Whistleblower by The plaintiff, a jail nurse, filed a complaint with the state Nurses Association about what she believed to be violations of acceptable nursing practice, and was fired. The violations included crushing medication before dispensing it without any governing protocol, inadequate nurse staffing, giving …
No Supervisory Liability for Forwarding Complaint to Investigator by The plaintiff alleged that he was beaten and then retaliated against for complaining with a further assault and a false misbehavior report. The Commissioner cannot be held liable because he was not personally involved. Although the plaintiff sent him letters, it …
Court Enjoins Transfer of BOP Prisoners to Virginia DOC under RFRA by The plaintiff District of Columbia prisoners (two Sunni Muslims and a Rastafarian who had taken the Vow of the Nazarite) alleged that their placement by the federal Bureau of Prisons in Virginia prisons, which forbid beards and long …
ADA/RA Suits Require Proof of Intentional Discrimination by Title II of the ADA is "neither congruent nor proportional to the proscriptions of the Fourteenth Amendment." Therefore it exceeds Congress's authority under § 5 of the Fourteenth Amendment. At 110: Although we find that Title II in its entirety exceeds Congress's …
Article • May 15, 2007
Kentucky Jail Guards Liable for Beating Prisoner to Death by The plaintiff's argument that there is a municipal custom of failing to follow the jail's use of force policy is not supported by evidence of a single incident which violated the policy or by evidence that there were 30 or …
Denial of HIV Treatment Suit against BOP, CCA Dismissed by The plaintiff complained that he did not get adequate HIV treatment in the District of Columbia system because the Federal Bureau of Prisons failed to transfer his medical records (though they did send a piece of paper saying he was …
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