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Article • May 15, 2007
Damage Awards to 22 Minority Cops Upheld by A jury awarded $50,000 to each of 22 black or black-Hispanic police officers transferred on racial grounds to the precinct where Abner Louima was tortured. The court affirms. At 55: It is well-established that courts may award emotional distress damages in section …
Article • May 15, 2007
Court Upholds Firing of Racist NY Cop by The plaintiff, a New York City police officer, received solicitations from the Mineola Auxiliary Police Department and stuffed the return envelopes anonymously with racist and anti-Semitic literature. He was traced and reported to his employer, which fired him. The court assumes that …
Article • May 15, 2007
Filed under: Family, Family Law
Removal of Children From Domestic Violence Victims Enjoined by The court handily summarizes the various abstention doctrines plus Rooker-Feldman. Younger abstention doesn't apply to an injunctive challenge to the removal of children from mothers' custody as a result of the mothers' victimization by domestic violence. At 231: "While in the …
Article • May 15, 2007
Exhaustion Defense Not Waived by 22 Month Delay by The plaintiff said he complained to the Inspector General and wrote letters to the Superintendent. He didn't exhaust. Even if his letters were viewed as having commenced the expedited harassment grievance process, he didn't get a favorable decision and didn't appeal. …
Article • May 15, 2007
Parties Involvement Must Be Shown in Vascular Care Suit by The plaintiff alleges that the defendants denied him appropriate medical care for a vascular condition, causing him great pain over an extended period of time and resulting in his confinement to a wheelchair. The court recites medical care boilerplate, including …
Article • May 15, 2007
IG Complaints Can Constitute Exhaustion by A plaintiff who didn't exhaust timely can't rely on the Porter v. Nussle change of law, because the earlier decision on which he might have relied, Nussle v. Willette, had not been decided. Porter applies retroactively. (That holding appears to be overruled by Rodriguez …
Article • May 15, 2007
Jail Delay in Treating Injured Hand Okay by The pro se plaintiff alleged that he was in pain from an unspecified injury to his hand. His hand was x-rayed and he was told it was "just swollen." He continued to complain of pain, a specialty consult was ordered, the order …
Article • May 15, 2007
New York Prisoner Awarded $279,583 For Work-Related Arm Fracture by In June 1998, a New York court of claims awarded $279,583 to a prisoner who sustained a lower arm fracture after falling into an excavated area at a state prison. The prisoner argued that prison officials should have foreseen the …
New York Prisoner Awarded $350,000 For Work-Related Fractures by In February 1998, a New York court of claims awarded $350,000 to a prisoner who suffered heel and elbow fractures when he fell from the roof of a state prison. The award was reduced to $140,000, however, after the judge determined …
Article • May 15, 2007
Mail Censorship Claims State Claim by Allegations that the defendants have deliberately tampered with his legal, personal, and political incoming and outgoing mail without justification state a constitutional claim. The Second Circuit has said that a prisoner's right to the free flow of incoming and outgoing mail is protected by …
Article • May 15, 2007
Snitch Jacketing Dismissed for Failing to Exhaust by The court acknowledges the "alternative" emergency grievance procedure. Defendants say plaintiff didn't appeal to the Central Office Review Committee, submitting an affidavit to that effect by grievance director Eagen. At 246: However, the record regarding the grievances filed by plaintiff is not …
Article • May 15, 2007
Prisoner Charged With Perjury Over Statements to INS Officials by The criminal defendant was charged with perjury for statements he made in an interview in prison with an Immigration and Customs Enforcement inspector. The defendant was in custody even though the interview was not part of a criminal investigation initially. …
No Qualified Immunity for Mental Hospital Strip Searches by The individual plaintiff was subjected to a strip and body cavity search on his voluntary admission to a civilian mental hospital pursuant to a standing order applicable specifically to him. Disability Advocates, Inc., a PAMII organization, is also a plaintiff. The …
Challenge to BOP Law Enforcement Notification Law Dismissed by A Bureau of Prisons regulation requiring notice to state and local law enforcement officers of release of persons with current or prior convictions for drug trafficking or crimes of violence does not deny due process. The plaintiff does not have a …
Article • May 15, 2007
Exhaustion is an Affirmative Defense under PLRA by Plaintiff wrote on the complaint form, where it asked whether he had filed a grievance, that he had not because "I did not know what to do." He never responded to defendants' motion to dismiss. The PLRA exhaustion requirement is not jurisdictional …
EEOC Complaint Exhausts Title VII Claim by At 376: While Title VII allows for loose pleadings before the EEOC and a complainant need not list every detail of her alleged discriminatory treatment, a charge of discrimination needs to provide sufficient specifics to afford the EEOC a reasonable opportunity to fulfill …
Article • May 15, 2007
First Amendment Injuries are Irreparable for PI Purposes by At 348-49: To obtain a preliminary injunction a party must demonstrate: (1) that it will be irreparably harmed if an injunction is not granted, and (2) either (a) a likelihood of success on the merits or (b) sufficiently serious questions going …
Article • May 15, 2007
NY Police Immune for Taking Disabled Woman to Hospital by Police officers made a warrantless entry to a residence based on a 911 call and found a woman with Down syndrome there alone; they took her to a mental hospital, where she was kept overnight. The police officers were entitled …
No Qualified Immunity for Firing Jail Medical Director Over Trial Testimony by The plaintiff alleged that he was fired as jail administrator in retaliation for giving truthful testimony in the civil trial of claims by nurses fired by the jail's medical contractor for criticizing mental health services in the jail. …
Article • May 15, 2007
No Immunity for Denying Transsexual Prisoner Treatment under Unconstitutional Policy by No Immunity for Denying Transsexual Prisoner Treatment under Unconstitutional Policy The plaintiff, a pre-operative transsexual, tried to get treatment for gender identity disorder in prison and was ignored for two years. His grievance requested "all of the minimal, though …
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