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of articles online at www.aele.org/law from the February 2002

Summaries from the FEB. 2002

Administrative Liability: Supervision

Hospital employee's claim that deputy sheriff's supervisor was present when the deputy handcuffed her to a metal cart in the hospital elevator as a "joke," but did nothing to stop this was sufficient to state a claim for supervisor liability for violation of her Fourth Amendment rights. Lara v. County of San Mateo, No. C-01-1265, 163 F. Supp. 2d 1107 (N.D. Cal. 2001).

Assault and Battery: Chemical Weapons

Officers used reasonable force in subduing woman with chemical spray and pushing her to the ground when an altercation broke out as she was attempting to "directly interfere" with officer's attempts to maintain order and resisted arrest for attempting to interfere with the arrest of her son. Jackson v. City of Bremerton, No. 99-36159, 268 F.3d 646 (9th Cir. 2001).

Assault and Battery: Physical

Officer's use of "slight" force in arresting motorist who subsequently suffered a heart attack was not excessive. $175,000 jury verdict overturned. Hendon v. City of Piedmont, No. CV 00-PT-2421-E, 163 F. Supp. 2d 1316 (N.D. Ala. 2001).

A $150,000 settlement was reached by New York City in an excessive force/false arrest lawsuit filed by an arrestee Grant v. City of New York, No. 22691/89 (Kings Co., N.Y. Sup. Ct.), reported in The National Law Journal, p. B3 (Nov. 13, 2001).

Attorneys' Fees: For Plaintiff

A jury's rejection of the plaintiff's federal civil rights lawsuit precluded the award of attorneys' fees under 42 U.S.C. Sec. 1988 even though he won his state law claim for battery against a deputy sheriff and was awarded $35,000 in damages. McFadden v. Villa, No. E028151, 113 Cal. Rptr. 2d 80 (Cal. App. 2001).

Defenses: Absolute Immunity

Officers were entitled to absolute witness immunity for alleged perjured testimony in plaintiff's earlier civil rights lawsuit claiming excessive use of force during his arrest, but not on his claim that they engaged in an out-of-court conspiracy to suppress and fabricate evidence relevant to that lawsuit. Paine v. City of Lompoc, No. 99-56347, 265 F. 3d 975 (9th Cir. 2001).

Defenses: Qualified (Good-Faith) Immunity

Officers had probable cause to take a 17-year-old into custody as a suspected runaway when she fit the general description of the person sought and was seen in close proximity to where the runaway was reported seen; officers were entitled to qualified immunity on the minor's mistaken identity claim. Debellis v. Kulp, No. 00-3386, 166 F. Supp. 2d 255 (E.D. Pa. 2001).

Defenses: Statute of Limitations

Woman's claim that she had been sexually assaulted by a police officer when she was twelve years old accrued under New York law when she became an adult, so that the statute of limitations on all claims expired three years after she became an adult. Paige v. Police Dept. of City of Schenectady, No. 00-9584, 264 F.3d 197 (2nd Cir. 2001).

Plaintiff's false arrest lawsuit, filed twenty-nine months after his arrest, was not barred by two year statute of limitations, since his right to bring the lawsuit did not accrue until the criminal prosecution against him was dismissed. Pascual v. Matsumura, No. CIV. 99-00706, 165 F. Supp. 2d 1149 (D. Hawaii 2001).

Domestic Violence

Officers had probable cause to arrest woman in responding to domestic violence call, despite her contention that her boyfriend had hit her and then called the police before she could. Eckert v. Town of Silverthorne, #00-1030, 258 F.3d 1147 (10th Cir. 2001).

False Arrest/Imprisonment: No Warrant

Officers lacked probable cause to arrest photographer who was only observing and photographing "animal rights" protest at convention center for failure to heed their "dispersal" order; police chief could be held individually liable if he "knowingly refused" to terminate a "series of acts" which led to the arrest. Dubner v. City and County of San Francisco, No. 99-17319, 266 F.3d 959 (9th Cir. 2001).

Officers had probable cause to arrest attorney for obstructing their duties and resisting arrest when he interrupted, for twenty minutes, their stop of his client for traffic violations and repeatedly refused to return to his car, as well as claiming that he did not have to supply his driver's license and insurance card because of his status as a lawyer. Abrams v. Walker, #00C-5768, 165 F. Supp. 2d 762 (N.D. Ill. 2001).

Officer had probable cause to arrest a man for threatening to strike another officer based on statements of the victim and two of his co-workers. Hotaling v. LaPlante, No. 98-CV-901, 167 F. Supp. 2d 517 (N.D.N.Y. 2001).

False Arrest/Imprisonment: Warrant

Officer's alleged misrepresentations in affidavit for arrest warrant were not knowing. County did not violate the arrestee's Fourth Amendment rights by failing to require that a prosecutor review and approve officers' arrest warrant affidavits. Freeman v. Murray, No. 3:99CV2179, 163 F. Supp. 2d 478 (M.D. Pa. 2001).

Firearms Related: Intentional Use

Passenger in speeding car who was struck by a bullet fired by an officer seeking to stop the vehicle was "seized" for Fourth Amendment purposes even though officer did not intend to strike him, but officer was entitled to qualified immunity based on arguable grounds to believe that escaping vehicle posed a threat of serious harm to himself or others. Vaughan v. Cox, No. 00-14380, 264 F.3d 1027 (11th Cir. 2001).

Officers acted properly in shooting and killing a man who answered his door holding what appeared to be a rifle. Sinclair v. City of Des Moines, Iowa, No. 01-1050, 268 F.3d 594 (8th Cir. 2001).

Governmental Liability: Policy/Custom

City policy of allowing police officers to substitute the fact that a "citizen's arrest" has been made for probable cause to arrest was unconstitutional. Corcoran v. Fletcher, no. 98-5817, 160 F. Supp. 2d 1085 (C.D. Cal. 2001).

Malicious Prosecution

Jury awards $15 million to man incarcerated for 15 years for murder and armed robbery conviction based in part on lineup in which officers allegedly "manipulated" three witnesses to incorrectly identify the plaintiff as the criminal. Newsome v. James, No. 96C-7680, Oct. 29, 2001, U.S. Dist. Ct., N.D. Ill, reported in The National Law Journal, p. A1 (Nov. 12, 2001).

Off-Duty/Color of Law

City was not vicariously liable for off-duty officer's alleged action of injuring a pedestrian while driving in an intoxicated condition, or for the failure of another off-duty officer, a passenger in the vehicle, to prevent the first officer from driving. Carroll v. City of New York, 730 N.Y.S.2d 548 (A.D. 2001).

Police Plaintiff: Assault and Battery

Restaurant owners and corporation might be liable for employee's act of spitting on the food to be served to a state trooper, since food preparation was within the scope of his employment, but there was no showing that the restaurant or its owners ratified the employee's act. Phillips v. Restaurant Management of Carolina, L.P., #COA00-411, 552 S.E.2d 686 (N.C. App. 2001).

Police Plaintiff: Fireman's Rule

"Police Officer's Rule" barring negligence claims by police officers in the state for injuries in the course of tasks relating to risks that could be reasonably anticipated in the performance of an officer's duties barred officer's claim against a property owner for officer's slip on ice in the driveway while leaving the premises after questioning the owner about a report that his vehicle was involved in damage to mailboxes in the area. Krajewski v. Bourque, No. 2000-98-Appeal, 782 A.2d 650 (R.I. 2001).

Police Plaintiff: Vehicle Related

A police officer struck by a motorist while directing traffic reached a $1.6 million settlement before jury selection in his state lawsuit against the driver. Albra v. Euchner, No. 1640/00 (Westchester Co., N.Y. Sup. Ct.), reported in The National Law Journal, p. B5 (Sept. 17, 2001).

A police chief injured when a tow company's truck crashed into his van will receive a $1.1 million settlement for injuries which included amputation of part of his right foot and reconstruction of his left knee. Schroeder v. Everready Towing and Recovery Inc., No. 012-00897 (City of St. Louis, Mo., Cir. Ct.), The National Law Journal, p. B4 (Oct. 15, 2001).

Privacy

Officer's action in revealing an employee's criminal record to his employer in the course of investigating a theft at the workplace did not violate Massachusetts law concerning disclosure of criminal offender record information. Bellin v. Kelley, 755 N.E.2d 1274 (Mass. 2001).

Procedural: Discovery

Plaintiff's use of a false name in filing his federal civil rights lawsuit and failure to disclose his true name and identity throughout the litigation obstructed the discovery process, including the defendants' discovery of his arrest history, and resulted in the forfeiture of his right to pursue his claims. Dotson v. Bravo, #00-C-7352, 202 F.R.D. 559 (N.D. Ill. 2001).

Property

Police officer could violate the Fourth Amendment if he intentionally and repeatedly shot and killed a pet dog, absent provocation and knowing that it belonged to a family which was readily available to take possession of the animal. Brown v. Muhlenberg Township, No. 00-1846, 269 F.3d 205 (3rd Cir. 2001).

Public Protection: Motoring Public

City was not liable for injuries to passengers in vehicle struck by intoxicated driver who had been released on his own recognizance and been driven to city impound lot by police officer. Boutin v. Perrin, No. 00-862, 796 So. 2d 691 (La. App. 2001).

Public Protection: 911 Systems

No special relationship existed between municipalities which operated 911 system and caller who stated that he was being chased in a car by two men, one of whom had earlier threatened to kill him; cities and sheriff had no liability for caller's subsequent death. Pierre v. Jenne, No. 4D01-709, 795 So. 2d 1062 (Fla. App., 4th Dist., 2001)

Search and Seizure: Home/Business

Arrestee could pursue a claim for unreasonable search of his property even if the evidence seized was introduced in the criminal trial which resulted in his still-outstanding conviction. James v. York County Police Dept., Civ. A. No. 1:CV-01-1015, 167 F. Supp. 2d 719 (M.D. Pa. 2001).

Search and Seizure: Vehicle

Officers were justified in conducting a search of a vehicle's passenger compartment and front seat for weapons in order to ensure their safety after an arrestee refused to exit his car and was therefore taken from it by force. Smith v. City of New Haven, #3:99-CV-157, 166 F. Supp. 2d 636 (D. Conn. 2001).

State Constitutional Claims

State police officers were individually entitled to assert a sovereign immunity defense against arrestee's Connecticut state constitutional claims concerning his arrest and the search of his home, even though he claimed that the officers acted in a manner that was "wanton, reckless or malicious." Martin v. Brady, No. 20808, 780 A.2d 961 (Conn. App. 2001).

Applicant Rejections

Federal appeals court dismisses a suit filed by a NYPD applicant who was rejected as psychologically unfit. Johnson v. N. Y. City Police Dept., #01-7247, 2001 U.S. App. Lexis 26167 (Unpublished, 2nd Cir.).

Arbitration Procedures

If a bargaining agreement leaves the determination of the arbitrability of a grievance to an arbitrator, the issue of whether disciplinary action can be overturned by arbitration is not usually a question for the courts, and doubt must be resolved in favor of arbitration. Union Twp. v. Firefighers 1981A, #A.L.R.3D, 142 Ohio App.3d 542, 756 N.E.2d 204 2001 Ohio App. Lexis 1758.

Attorneys' Fees and Legal Defense Rights

Federal appeals court affirms an award of attorneys fees of $277,900 given to a woman fire dept. employee who had sued for disparate treatment. In an earlier ruling the court upheld compensatory damages of $47,100. Kline v. City of Kansas City Fire Dept., 1981A/1208, 245 F.3d 707, 2001 U.S. App. Lexis 10972 (8th Cir.); prior opin. at 175 F.3d 660, 1999 U.S. App. Lexis 8500; cert den., 2000 U.S. Lexis 1040.

Defamation

Court dismisses a suit of a former FBI agent who was involved the "Travelgate" investigation of White House staff, brought against a "media commentator," who made various statements regarding the agent in 1996. The agent was unable to show that the commentator acted with malice and the federal agent was a limited public figure. The commentator was entitled to a qualified privilege because there was a reasonable basis for his statements. Sculimbrene v. Reno, #99-2010, 158 F.Supp.2d 8, 2001 U.S. Dist. Lexis 12307 (D.D.C. 2001).

Disciplinary Investigations

Alabama Supreme Court rejects a lawsuit against a city because of an allegedly improper I-A investigation conducted by a private detective agency. Firm was an "independent contractor." Dickinson v. City of Huntsville, #1001271, 2001 Ala. Lexis 426 (2001).

Federal court rejects most of a detective's lawsuit challenging a disciplinary investigation, suspension and arrest, because he failed to file a grievance under the mechanism established in the bargaining agreement. A parallel claim against the union for not adequately representative was allowed to stand. Russo v. City of Hartford, #3-97-CV-2380, 158 F.Supp.2d 214, 2001 U.S. Dist. Lexis 14297 (D. Conn. 2001).

Disciplinary Punishment

Arbitrator sustains a charge of repeatedly failing to attend mandatory staff meetings, but reduces the punishment to an 11-month suspension. Montana Dept. of Corr. and Montana Pub. Empl. Assn., 116 LA (BNA) 410 (Prayzich, 2001).

FBI officials could not be sued by an ex-agent. The agent's sole remedy was under the Civil Service Reform Act. His claims against various non-supervisory employees were not separable from his employment, because his position as a federal employee was central to his claims that they had forced his early retirement. Sculimbrene v. Reno, #99-2010, 158 F.Supp.2d 1, 2001 U.S. Dist. Lexis 12308 (D.D.C. 2001).

Disciplinary Searches

Federal appeals court upholds a multi-step search of the computer issued to a state employee, who was later demoted for loading tax returns related to his secondary occupation. Leventhal v. Knapek, #00-9306, 2001 U.S. App. Lexis 21303 (2nd Cir.).

Drug Abuse and Rehabilitation

Arbitrator reinstates a firefighter who was terminated for unlawful drug use, because he was placed in a diversion program, which will remove the conviction. Back pay was disallowed, and the city can test him for drug use discharge him if he fails to complete the diversion program or tests positive for drug use. Stockton (City of) and Stockton Firefighters L-1229, CSMCS Case #ARB-00-0413, 116 LA (BNA) 390 (Staudohar, 2001).

Fair Labor Standards Act - 7K Exemption

Federal appeals court concludes that cross-trained firefighter-EMS personnel were still employees engaged in fire protection services for overtime purposes. Adams v. City of Norfolk, #00-2269, 2001 U.S. App. Lexis 26034 (4th Cir.).

Fair Labor Standards Act - Canine

Federal appeals court concludes that the trial court erroneously dismissed an overtime suit because the city had followed the terms of the union-negotiated bargaining agreement. The FLSA, not the contract, controls overtime. Howard v. City of Springfield, #00-1834, 2001 U.S. App. Lexis 26414 (7th Cir.).

Fair Labor Standards Act - Constitutionality

Four state appellate courts have now ruled that state governments are immune from overtime suits under the FLSA, unless the state has waived its immunity. Anthony v. Iowa Dept. Public Sfty., #223/99-0515, 632 N.W.2d 897, 2001 Iowa Sup. Lexis 152, 7 WH Cases (BNA) 389 (2001); King v. State, 260 Neb. 14, 614 N.W.2d 341, 347 (Neb. 2000); Allen v. Fauver, 327 N.J. Super. 14, 742 A.2d 594, 598 (N.J. App. 1999); Commonwealth v. Luzik, 259 Va. 198, 524 S.E.2d 871, 877 (Va. 2000).

Handicap Laws / Abilities Discrimination - Psychiatric

Divided appeals panel opens the door for mentally disabled former employers to sue, under the ADA, if their benefits are less than those disabled for physical reasons. Johnson v. K Mart Corp., #99-14563, 2001 U.S. App. Lexis 24923 (11th Cir.).

Handicap Laws / Abilities Discrimination - Specific Disabilities

A restriction on lifting heavy objects is not a "disability" within the meaning of the ADA. Mason v. UAL, #01-10218, 2001 U.S. App. Lexis 26418 (5th Cir. 2001).

Handicap Laws / Abilities Discrimination - Accommodation - Teleworking

The California Attorney General has determined that a public agency is not required under the ADA to provide, as an accommodation for a disabled member of a council or board, a teleconferencing connection at the disabled person's place of residence. A.G. Opinion #00-1210, 01 C.D.O.S. 9764 (11-14-2001).

Homosexual & Transgendered Employee Rights

California judge sets aside a $945,000 awarded to a lesbian police officer who claimed discriminatory discipline and termination. Dawn Goodman v. City of San Jose, Santa Clara Co. Super. Ct. (11-9-2001).

In a wrongful termination action, six isolated incidents in which homophobic statements or gestures were made in presence of a gay male employee over two-year period did not create a hostile work environment. Lane v. Collins #00 Civ. 3241, 2001 U.S. Dist. Lexis 17757 (S.D.N.Y.).

Jurisdictional/Multiunion Disputes & Work Erosion

Arbitrator denies a grievance that management at a correctional facility improperly assigned a supervisor to monitor inmates when no bargaining-unit employees were at work. There was no language in the agreement suggesting that duties normally performed by unit employees are exclusively theirs. Fed. Bur. of Prisons and AFGE L-801, FMCS Case 01/05628, 116 LA (BNA) 324 (Neigh, 2001).

Moonlighting (Secondary Employment)

Illinois appellate court affirms the suspension of a police officer for a year who failed to inform his superiors about criminal activity of an alderman, who was his client in his off-duty private law practice. Police general order 89-8 specifically prohibits engaging in secondary employment which "would result at any time in a conflict of interest" and prevents police officers who are attorneys from representing individuals who are targets of criminal investigations. Holden v. Police Bd. of Chicago, #1-00-1117, 2001 Ill. App. Lexis 618.

Pay Disputes - In General

Arbitrator upholds a grievance that a city improperly hired a new firefighter at 10% more than the contract minimum wage. Although allowed under an ordinance, the bargaining history between the city and firefighters' union prevented this action. Boca Raton (City of) and I.A.F.F. Local 1560, FMCS #05454-3, 116 LA (BNA) 328 (Abrams, 2001).

Privacy Rights

Thwarting a suit by a former FBI agent who sought White House records, a U.S. District Court rules that the President is not subject to the Privacy Act 5 U.S. Code §552(f) or the Freedom of Information Act. Sculimbrene v. Reno, #99-2010, 158 F.Supp.2d 26, 2001 U.S. Dist. Lexis 12309 (D.D.C. 2001).

Probationary Employment

An Ohio city and the police union can agree, in a bargaining agreement, to extend the probationary period (from 6 to 9 months), and if the agreement is otherwise valid, an officer with more than 6 but less than 9 months service can be terminated without cause. Ste. Marie v. City of Dayton, #C-3-99-513, 162 F.Supp.2d 766, 2001 U.S. Dist. Lexis 14624 (S.D. Ohio 2001).

Religious Discrimination

Federal appeals court upholds disciplinary action against two health care workers who preached religious beliefs to public aid recipients. A public employer may require its workers to abstain from discussing religion with citizens they meet on the job. Knight v. Connecticut, #00-9131, 2001 U.S. App. Lexis 26430 (2nd Cir. 2001).

Seniority

Overtime policy based on shift seniority rather than tenure with the employer does not discriminate against older workers. Casteel v. Exec. Bd. of L-703, #01-1643, 2001 U.S. App. Lexis 24511 (7th Cir. 2001).

Sex Discrimination - In General

Michigan appeals court sustains norming of physical tests results between men and women police applicants. Alspaugh v. Cmsn. on Law Enf. Stds., #220156, 246 Mich. App. 547, 634 N.W.2d 161, 2001 Mich. App. Lexis 137 (2001).

Sexual Harassment - in General

California Court of Appeal holds that employers are strictly liable under state law for sexual harassment by supervisors; a federal defense available to employers that take steps to address harassment claims does not apply. Dept. of Health Services v. The Superior Court of Sacramento County (McGinnis) #C034163, 2001 Cal. App. Lexis 2675, 01 C.D.O.S. 9999.

Sexual Harassment - Verdicts, Settlements & Indemnity

Chicago federal jury awards a county police officer $3 million against the department for tolerating sexual harassment and retaliation. Spina v. Forest Preserve of Cook Co., #98-C-1393 (Verdict, N.D. Ill. 12-13-2001). Interim rulings at: 2001 U.S. Dist. Lexis 19146 (11-22-2001; 2001 U.S. Dist. Lexis 11670, 86 FEP Cases (BNA) 1099 (8-6-2001); 1999 U.S. Dist. Lexis 18832 (11-29-1999). Verdict details: Chicago Tribune P.1 Sec. 2 (12-13-01) and Chicago Sun-Times P. 6 (12-13-01).

Second Circuit allows juries to award punitive damages without awarding compensatory damages in sexual harassment and discrimination cases. Cush-Crawford v. Adchem Corp., 00-7617, 2001 U.S. App. Lexis 24806 (2nd Cir.).

Stress Related Claims and Defenses

Federal appeals court rejects the stress defense by a terminated firefighter, who claimed an inability to successfully work with various fellow firefighters. Aldrup v. Caldera, #01-50369, 2001 U.S. App. Lexis 26347 (5th Cir. 2001).

U.S. Supreme Court Actions

Sending notice of a proposed forfeiture of property to an incarcerated prisoner via certified mail in care of the prison where he was incarcerated is adequate to satisfy due process of law when the prison had a procedure for delivering mail to inmates; the government must only attempt to provide actual notice, there is no requirement that actual notice must be received. Dusenbery v. United States, No. 00-6567, 2002 U.S. LEXIS 401.

U.S. Supreme Court upholds warrantless searches of a probationer's home without probable cause as a condition of probation; evidence uncovered in one such search, conducted by a sheriff's detective with reasonable suspicion, did not need to be suppressed. United States v. Knights, No. 00-1260, 121 S. Ct. 1955 (2001).

Attorneys' Fees

Correctional defendants were not entitled to an award of attorneys' fees following summary judgment in their favor against estate of prisoner who died of pneumonia. Estate of Reynolds v. Greene County, No. C-3-99-115, 163 F. Supp. 2d 890 (S.D. Ohio 2001).

Defenses: Eleventh Amendment

Prisoner failed to state a claim against the State of Mississippi under 42 U.S.C. Sec. 1983 for money damages as states and state agencies are not "persons" subject to such liability under the statute. Lofton v. United States, #2000-CP-00671-SCT, 785 So. 2d 287 (Miss. 2001).

Diet

Putting prisoners on "controlled-feeding status" as discipline for disruptive conduct such as throwing food or utensils did not violate inmate rights under Illinois or federal law. Arnett v. Snyder, 2001 Ill. App. LEXIS 819 (4th Dist.).

Disability Discrimination

States could not be sued in federal court for money damages under the Americans With Disabilities Act, but that state prison officials, in their official capacities, are not immune from liability under the Rehabilitation Act of 1973, another federal law prohibiting disability discrimination, when they accepted federal funds. Key v. Grayson, No. CIV. 96-40166, 163 F. Supp. 2d 697 (E.D. Mich. 2001).

False Imprisonment

Prisoner could not assert a claim for damages caused by his incarceration when his criminal conviction had not been set aside. Sims v. Marnocha, No. 3:00-CV-0736, 159 F. Supp. 2d 1133 (N.D. Ind. 2001), citing Heck v. Humphrey, 512 U.S. 477 (1994).

Inmate Funds

Pretrial detainees could proceed with due process, equal protection, and Fourth Amendment challenges to Ohio county program requiring them to reimburse government for confinement costs and booking fees. Allen v. Leis, No. C-1-00-261, 154 F. Supp. 2d 1240 (S.D. Ohio 2001).

Medical Care

Claim that prison doctors failed to provide prisoner with adequate treatment for his suffering from hemorrhoids between surgeries, during a two year period in which they performed three surgical operations stated a claim for deliberate indifference to serious medical needs. Jones v. Natesha, No. 00-C-4499, 151 F. Supp. 2d 938 (N.D. Ill. 2001).

Prisoner was not entitled to damages in lawsuit alleging that county jail personnel performed catheterization to obtain a urine sample for medical purposes without his consent. Saulsberry v. Maricopa County, No. CIV 98-2035, 151 F. Supp. 2d 1109 (D. Ariz. 2001).

Negligent Hiring, Retention and Supervision

Former jail inmate was foreclosed from arguing that the sexual acts she engaged in with a jailer were not voluntarily consented to when she was criminally convicted of prostitution for them. Sheriff was entitled to summary judgment in plaintiff's lawsuit alleging negligent hiring, supervision and retention, as well as vicarious liability for alleged sexual assault. Pritchett v. Heil, No. 56A03-0103-CV-72, 756 N.E.2d 561 (Ind. App. 2001).

Prison and Jail Conditions: General

Prisoner failed to show unconstitutional county jail conditions by alleging that his single blanket was inadequate to keep him warm as he slept on a mattress on the floor and that cockroaches climbed on him while he slept. Wells v. Jefferson County Sheriff Department, No. C2-00-0077, 159 F. Supp. 2d 1002 (S.D. Ohio 2001).

Pretrial detainee stated a claim for violation of his due process rights based on alleged exposure to unsanitary and hazardous conditions in correctional facility's shower area for a nine month period. Alleged failure to enforce rules requiring inspections and failure to order repairs performed were sufficient to show personal involvement of defendant official for purposes of the prisoner's claim. Curry v. Kerik, No. 00 Civ. 4706, 163 F. Supp. 2d 232 (S.D. New York 2001).

Prison Litigation Reform Act: Exhaustion of Remedies

Prisoner had to exhaust available administrative remedies before pursuing his federal civil rights lawsuit claiming that he was subjected to repeated harassment by prison officials in retaliation for his success in winning a prior lawsuit against the prison health services director for refusing to authorize his liver transplant. Johnson v. Litscher, #00-2978, 260 F.3d 826 (7th Cir. 2001).

Prisoner sufficiently exhausted his administrative remedies for his grievances claiming that he had been sprayed with pesticides in a prison housing unit, even though he had not specifically named the defendants in his lawsuit in his grievances. The grievances alleged the relevant factual circumstances, and requested the identities of the individuals directly responsible for the spraying. Irvin v. Zamora, No. 99CV2350, 161 F. Supp. 2d 1125 (S.D. Cal. 2001).

Court would dismiss all of prisoner's federal civil rights claims when he had exhausted his available administrative remedies on some, but not all, of his claims. Rivera v. Whitman, No. Civ. A.99-544, 161 F. Supp. 2d 337 (D.N.J. 2001).

Prisoner Assault: By Inmates

Prison psychologist had no legal duty under California law to disclose prisoner's confidential communications that indicated a possible risk of harm to plaintiff prisoner from other inmates. Swan v. United States, No. C 99-5401, 159 F. Supp. 2d 1174 (N.D. Cal. 2001).

Prisoner Assault: By Officers

Prisoner's claim that officers beat him while extracting him from his cell after he was incapacitated by an electronic shock stated a claim for violation of his Eighth Amendment rights; officers were not entitled to qualified immunity, as prisoner's version of the incident, if true, would violate clearly established law. Skrtich v. Thornton, #00-15959, 267 F.3d 1251 (11th Cir. 2001).

Force used to restrain inmate at county jail did not violate his Eighth Amendment rights when prisoner refused to go to his cell after multiple orders and struck at one official with a pencil hitting him in the neck and shoulder area between 6-10 times. Pittman v. Kurtz, No. Civ. A. 99-3181, 165 F. Supp. 2d 1243 (D. Kan. 2001).

Prisoner Classification

Removing inmate from a "house arrest" program and placing him in the general prison population after allegedly refusing to allow prisoner to present witnesses and evidence at a classification committee hearing or to let his lawyer participate was arbitrary and capricious. Edwards v. Booker, #2000-CA-00283-SCT, 796 So. 2d 991 (Miss. 2001).

Prisoner Death/Injury

Officer's claimed negligence in closing a door on an inmate at county jail could not be the basis of a federal civil rights lawsuit. Breakiron v. Neal, No. 3:00-CV-2155-H, 166 F. Supp. 2d 1110 (N.D. Tex. 2001).

Prisoner Suicide

Sheriff was entitled to summary judgment in federal civil rights lawsuit brought by prisoner's mother after he committed suicide in jail. Naumoff v. Old, #99-2574, 167 F. Supp. 2d 1250 (D. Kan. 2001).

Privacy

Dismissal of female detainee's federal civil rights claim by federal trial court did not require it to also dismiss her state law privacy and assault and battery claims against jail employee for thoroughly examining her pubic hair for lice as she exited the county jail. Skurstenis v. Jones, No. Civ.A. 98-AR-2295-S, 139 F. Supp. 2d 1291 (N.D. Ala. 2001).

Procedural: Discovery

County detention facility's "nursing peer review" records were discoverable as relevant to possible municipal liability in lawsuit over the adequacy of medical care of a pretrial detainee who died of peritonitis. Leon v. County of San Diego, No. CIV.00-CV-1292-K, 202 F.R.D. 631 (S.D. Cal. 2001).

Sexual Assault

Prisoner awarded $1.5 million in damages for sexual assault by his cellmate. Riccardo v. Rausch, No. 99CV-372, U.S. Dist. Ct. (N.D. Ill. April 11, 2001), reported in Chicago Daily Law Bulletin, p. 21 (Dec. 21, 2001).

Smoking

Prisoner suffering from severe chronic asthma stated a claim for deliberate indifference to his serious medical needs by alleging that he was exposed to high levels of environmental tobacco smoke. Alvarado v. Litscher, #00-3959, 267 F.3d 648 (7th Cir. 2001).

Strip Searches: Officers

U.S. Supreme Court declines to review a prison employee strip search case. Leverette v. Bell, 247 F.3d 160 (4th Cir. 2001); cert. den., #01-277, 122 S. Ct. 260 (2001).

Transsexual Prisoners

Correctional officer and protective custody unit manager could be liable for failing to protect biologically male prisoner suffering from gender identity disorder, and appearing to be a woman, from physical assault from another inmate in an all-male prison. Doe v. Bowles, No. 00-3159, 254 F.3d 617 (6th Cir. 2001).