AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Defenses: Procedural
Under Missouri law,
a county sheriff's department and the medical department of the sheriff's
department were merely components of the county and could not be separately
sued. Further, a local government entity without the capacity to be sued
under state law cannot be sued in federal court. Catlett v. Jefferson County,
299 F. Supp. 2d 967 (E.D. Mo. 2004). [N/R]
County prison officials whose lawyer did
not file a response to inmate's claims concerning alleged deprivation of
his medication were entitled to set aside the default against them when
the prisoner did not show that doing so would result in any prejudice,
or that the lawyer's failure was willful or in bad faith. The lawyer did
act to set aside the default within seven days and the defendant officials
appeared to have asserted meritorious affirmative defenses. Jackson v.
Delaware County, 211 F.R.D. 282 (E.D. Pa. 2002). [N/R]
When trial
court's order dismissed most of prisoner's claims against county employees
for allegedly keeping him incarcerated beyond his sentence, but failed
to dispose of his claims against one employee, the order was not a final
judgment and therefore was not yet appealable by the prisoner. Eubanks
v. McCollum, #2000758, 828 So. 2nd 935 (Ala. Civ. App. 2002).[N/R]
Prior felony conviction may be used
to impeach witnesses in federal civil lawsuits without a balancing of "prejudicial
effect". Green v. Bock Laundry Machine Co., 109 S.Ct. 1981 (1989).
Court again attempts to clarify limitations
period for civil rights actions. Owens v. Okure, 109 S.Ct. 573, 44 CrL
3049 (January 10, 1989).
Court's dismissal of inmate's civil rights
claim, without prejudice to filing amended complaint, was not appealable.
Hatch v. Lane, 854 F.2d 981 (7th Cir. 1988).