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Former Florida Guard Awarded $49,000 Despite Summary Judgment Against Her by Diane Wilbur, a former guard at the Cypress Creek Correctional Facility, a juvenile correctional facility in Citrus County, Florida, filed a Federal lawsuit pursuant to Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights …
Article • May 15, 2007
Former Federal Prisoner Complaint Barred Against Federal Agency by Former Federal prisoner Ben Siyon Ish Yerushalayim filed a Bivens complaint pursuant to 28 U.S.C. Section 1915 alleging violation of his rights under the Free Exercise Clause of the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA.) …
Tenth Circuit Affirms Total Exhaustion Rule by New Mexico State prisoner Michael Rene Ross claimed Eighth Amendment violation for dangerous conditions of confinement and deliberate indifference to medical needs. His § 1983 suit was dismissed based on the total exhaustion rule. While housed at the McKinley County Detention Center (MCDC) …
Article • May 15, 2007
Time Frame to Re-Apply for California Rehabilitation Certificate Begins on Denial Date by Time Frame to Re-Apply for California Rehabilitation Certificate Begins on Denial Date In a case of first impression, the California Appellate Court held the waiting period to re-apply for a certificate of rehabilitation by ex felons commences …
Article • May 15, 2007
Mentally Disturbed Prisoner Capable Of Own Litigation For Method Of Execution by The Fifth Circuit held Texas State prisoner Angel Maturino Resendiz was competent to litigate his 42 U.S.C. § 1983 suit alleging Eighth Amendment violation for the method of his execution; however, the lower court erred by dismissing with …
Article • May 15, 2007
Tight Handcuffs, Violent Police Car Ride State Claim by The plaintiff alleged that he was handcuffed too tightly and complained repeatedly about it to the arresting officers; that the officers amused themselves by speeding unnecessarily, braking abruptly, etc., so the plaintiff was thrown around in the police car; that when …
Article • May 15, 2007
Consent Decree Requires More Than Best Efforts by Consent Decree Requires More Than Best Efforts Consent decree provisions that set out mathematically precise criteria and specific dates for defendants' performance could not be interpreted to require only "best efforts." The decree does not excuse nonperformance based on shortage of funds …
Suit Challenging WI Civil Commitment Conditions Dismissed by The plaintiff, committed involuntarily as a sexually violent person, challenged various institutional practices. The plaintiff's complaint that he was required to disclose his history of sexual assaults, charged and uncharged, before he could be eligible for the main treatment program and be …
Article • May 15, 2007
AL Control Unit Ban on Publications Not Moot Or Ripe by The defendants prohibited administrative segregation prisoners from receiving publications by subscription. When sued, they agreed to allow a subscriptions to newspapers and magazines up to a total of four. However, they put in their regulation an apparent limitation to …
Article • May 15, 2007
Court Upholds Kicking Handcuffed Prisoner on Ground by The plaintiff alleged that as he was being escorted in restraints, he tripped over an officer's foot, an officer hit him in the head with her keys, and the officers kicked and beat him while he was on the ground. He was …
Article • May 15, 2007
Perp Walk Suit States Claim by The plaintiff alleged that he was subjected to a "perp walk" in that he was instructed to stand on the steps of the police station and pull a jacket over his head for the benefit of Fox News. The Fourth Amendment's protection "does not …
11th Amendment Bars Prison Guard's FLSA Suit for Unpaid Work by The plaintiff prison staff members sued under the Fair Labor Standards Act alleging that they were forced to do unpaid work at the beginning and end of their shifts. Their claim, even though framed as an individual capacity claim …
Article • May 15, 2007
PLRA Three Strikes Statute Held Unconstitutional by PLRA Three Strikes Statute Held Unconstitutional The court holds that the three strikes provision unconstitutionally restricts court access unless read to affect only non-constitutional claims. At 957: "Although the federal government has a legitimate interest in deterring the filing of frivolous and malicious …
Article • May 15, 2007
Filed under: Damages, Sentencing, Parole
Pro Se Parole Suit for Damages Dismissed by The plaintiff claimed that he was held in prison too long. The parole agent defendant is granted summary judgment. At 613: ". . . [T]he law does not impose damages liability for a Section 1983 violation on an individual acting in her …
Article • May 15, 2007
No Liberty Interest in Security Classification by The plaintiff complained of his security classification and the process for assigning it, but classification isn't atypical and significant and there is therefore no liberty interest under Sandin. The possible subsequent consequences of his classification (e.g., that he might be treated as a …
Article • May 15, 2007
Individual Capacity Claims Can Be Inferred From Complaint by Whether a plaintiff sued defendants in their individual or official capacities is determined by a "course of proceedings" test. The court disingenuously denies that it has applied a rigid rule that capacity must be spelled out explicitly or it will be …
Article • May 15, 2007
Filed under: Civil Procedure, Service
Police Not Properly Served Despite Government Employee Saying So by Police officers were not served properly when process was delivered to a place other than their place of business, even though the government employee who accepted service said that she was authorized to do so. This sort of mistake does …
Article • May 15, 2007
Class of Disabled Medicaid Recipients Decertified by At 811: A class representative must possess the same interest and suffer the same injury as the class members in order to be typical under Rule 23(a)(3). . . . The typicality requirement may be satisfied despite substantial factual differences, however, when there …
Article • May 15, 2007
Door Slamming Suit Dismissed by The Indiana plaintiff complained that an guard slammed a food service slot on his hand. The guard said the plaintiff tried to throw trash through the opening, that he didn't know the plaintiff's hand was in the opening, and it was an accident. The defendant …
§ 1983 Or Bivens Required When Suing Post Office For Lost Property by The United States Court of Appeals for the Tenth Circuit has found the United States immune from a tort action over a prisoner's property lost by the Postal Service. Peter Georgacarakos, a federal Bureau of Prisons (BOP) …
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