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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Washington v. Tinsley

The case concerns a challenge by six pretrial detainees, identified as "The Smokers," against a City of Houston ordinance prohibiting smoking in public buildings, including the Harris County jail. The detainees argued various constitutional violations, such as punishment without trial, cruel and unusual punishment due to nicotine withdrawal, denial of medical care, unlawful property confiscation, and unequal enforcement. Presiding Judge Hughes found the smoking ban to be a legitimate governmental objective, not constituting punishment. The court concluded that the discomforts of pretrial detention, including nicotine withdrawal, are proportional to the governmental interests served by the ban and that the detainees' other claims regarding property, medical care, and equal protection were without merit. Consequently, the court dismissed the complaints with prejudice.

Constitutional LawPretrial DetaineesSmoking BanHarris County JailCruel and Unusual PunishmentDue ProcessProperty RightsEqual ProtectionGovernmental ObjectivesNicotine Withdrawal
References
16
Case No. MISSING
Regular Panel Decision

Ford v. Nassau County Executive

Anthony Ford, a pro se plaintiff, sued the Nassau County Correctional Center and the Nassau County Executive under 42 U.S.C. § 1983, alleging his Thirteenth and Fourteenth Amendment rights were violated by being forced to work as a "food cart worker" without pay while a pretrial detainee. Ford sought $2.5 million in damages. The court dismissed the claims against the Nassau County Executive due to lack of personal involvement. For the NCCC, the court acknowledged a "close question" regarding a policy but proceeded to the merits, ruling that required "housekeeping duties" for pretrial detainees, especially with compensation like extra food, do not constitute punishment or violate due process or Thirteenth Amendment rights. Furthermore, Ford suffered no actual damages because his subsequent guilty plea and sentence of time served encompassed the period of alleged forced labor, effectively curing any potential constitutional deprivation. Therefore, the defendants' motion for summary judgment was granted, and the case was closed.

Section 1983Civil RightsThirteenth AmendmentFourteenth AmendmentDue ProcessPretrial DetaineeForced LaborCorrectional FacilitySummary JudgmentCompensatory Damages
References
35
Case No. MISSING
Regular Panel Decision

Alvarez v. Snyder

This case involves an appeal by plaintiffs from a Supreme Court order dismissing their civil rights complaint, brought under 42 USC § 1983. The plaintiffs, pretrial detainees and their mothers, sought damages for alleged constitutional violations, including infringements on freedom of association and speech, and deprivation of liberty without due process, stemming from 'lock down' orders issued by Justice Leslie Snyder. Justice Snyder, presiding over the detainees' criminal trials, appointed social worker Hillel Bodek as a special master, whose actions were also challenged. The lower court dismissed the complaint based on judicial and quasi-judicial immunity. The appellate court affirmed the dismissal, holding that both Justice Snyder and Bodek were protected by absolute immunity, as their actions were performed within judicial capacity and supported by the court's inherent power to ensure the integrity of its proceedings.

Judicial ImmunityCivil Rights42 USC 1983Pretrial DetaineesFreedom of AssociationFreedom of SpeechDue ProcessSpecial MasterAbsolute ImmunityQuasi-judicial Immunity
References
33
Case No. 12-CV-5011
Regular Panel Decision

Best v. New York City Department of Correction

Plaintiff Sean Best, a pro se pretrial detainee, filed an action under 42 U.S.C. § 1983 against the NYC DOC and several individual defendants, alleging violations of his Eighth and Fourteenth Amendment rights. Best claimed insufficient due process during an infraction hearing, which led to his transfer to punitive segregation at Rikers Island. He also alleged cruel and unusual punishment during transport to court, resulting in injuries. The court granted in part and denied in part the defendants' motion to dismiss, dismissing Best's equal-protection and deliberate-indifference claims without prejudice but allowing his due-process claim to proceed. The court noted that Best's detention was plausibly punitive, not administrative, requiring the protections of Wolff v. McDonnell.

Civil Rights42 U.S.C. § 1983Due ProcessFourteenth AmendmentEighth AmendmentPretrial DetaineePunitive SegregationMotion to DismissDeliberate IndifferenceEqual Protection
References
54
Case No. MISSING
Regular Panel Decision

Goad v. MacOn County, Tenn.

Plaintiff Joe Goad initiated a 42 U.S.C. § 1983 civil rights action, alleging excessive force and denial of medical attention while a pretrial detainee. After some defendants settled, the case proceeded to trial, where a jury found Jeff Bilbrey, James Mercer, and Macon County liable for unreasonable force, and Mercer and Macon County for denial of medical treatment, awarding both compensatory and punitive damages. The defendants subsequently filed a motion to reduce the jury verdict by the amount of the earlier settlement. Applying Tennessee law and federal common law principles, the court granted the set-off for compensatory damages, finding it consistent with the goal of victim compensation without creating a windfall. However, the court denied the set-off for punitive damages, reasoning that such a reduction would undermine the specific purpose of punishment and deterrence against civil rights violators.

Civil Rights ActionExcessive ForceDenial of Medical TreatmentPretrial DetaineeSettlement Set-offPunitive DamagesCompensatory DamagesJoint LiabilityFederal Common LawState Law Application
References
13
Case No. MISSING
Regular Panel Decision

United States v. Herrera

This case addresses whether a pretrial services officer can initiate proceedings to revoke pretrial release conditions. Defendant Kiamesha Herrera was indicted for wire fraud and released on bond, subject to conditions including refraining from controlled substance use. After Herrera tested positive for marihuana, a pretrial services officer filed a petition for revocation, which the magistrate judge dismissed, ruling that only the attorney for the government has the authority to initiate such proceedings under 18 U.S.C. § 3148(b). The government appealed, but the district court affirmed the magistrate judge's decision, emphasizing that the statute unambiguously designates the government attorney as the sole initiator and that the Pretrial Services Agency's role is limited to informing and recommending. The court rejected arguments based on common practice or administrative efficiency as reasons to contravene clear statutory language.

Pretrial ReleaseRevocation of ReleaseStatutory InterpretationGovernment AuthorityPretrial Services AgencyJurisdictionProcedural DefectControlled Substances ViolationWire FraudMagistrate Judge Ruling
References
28
Case No. MISSING
Regular Panel Decision

Claim of Barron v. Ellis Hospital

The claimant, who suffered a work-related injury in 1992, was receiving workers' compensation benefits when he was arrested and incarcerated in March 1994. He spent 237 days in pretrial detention, which were credited against his subsequent indeterminate sentence following a guilty plea in August 1994. His employer, Ellis Hospital, and its workers' compensation insurance carrier, the State Insurance Fund (collectively "the employer"), sought a credit for the benefits paid to the claimant during his 237 days of pretrial detention. The Workers' Compensation Board denied this request, and the employer appealed. The court affirmed the Board's decision, relying on precedent that allows recipients of workers' compensation benefits to continue receiving them up to the date of conviction, regardless of pretrial incarceration. The court rejected the employer's argument to treat the credited pretrial detention as part of the conviction, emphasizing the claimant's presumption of innocence and the equal protection concerns related to denying benefits based on the ability to post bail.

Workers' CompensationIncarcerationPretrial DetentionEqual ProtectionPenal LawCredit for Time ServedBenefits DiscontinuationPresumption of InnocenceAppellate ReviewNew York Law
References
11
Case No. 05-1073
Regular Panel Decision
Dec 20, 2005

In Re Hurricane Rita

The Multidistrict Litigation Panel reviewed a motion to appoint a pretrial judge for six lawsuits in Hidalgo and Harris counties, all stemming from a bus fire incident on September 23, 2005, during Hurricane Rita's evacuation. The bus, chartered by Global Charter Services for Brighton Gardens residents, caught fire near Dallas, resulting in twenty-three fatalities and several injuries. The panel concluded that consolidating these related cases for pretrial proceedings before a single judge would enhance the convenience of parties and witnesses and promote efficient litigation, despite differing plaintiff circumstances, including potential workers' compensation or healthcare claims. Consequently, the panel granted the motion and appointed Judge Rose Guerra Reyna of the 206th District Court of Hidalgo County as the pretrial judge for the consolidated cases.

Bus FireHurricane RitaMass TortPretrial ProceedingsMultidistrict LitigationEvacuation BusTexas LitigationCivil ProcedureConsolidation of CasesJudicial Administration
References
1
Case No. 07-0040
Regular Panel Decision
Dec 05, 2008

in Re Globalsantafe Corporation

GlobalSantaFe Corp. (GSF) sought mandamus relief from the Supreme Court of Texas to vacate an MDL pretrial court's order. The pretrial court had remanded a silica-related case, originally filed by John Lopez against GSF under the Jones Act, back to the trial court, deeming Chapter 90 of the Civil Practice and Remedies Code preempted by the Jones Act. The Supreme Court of Texas held that the general procedural framework of Chapter 90, particularly its expert report requirements and MDL consolidation provisions, is not preempted by the Jones Act. However, the Court found that Chapter 90's minimal-impairment provision for silicosis claims is preempted. The Court conditionally granted the writ of mandamus, directing the MDL pretrial court to vacate its remand order and conduct further proceedings consistent with this opinion.

MandamusPreemption DoctrineJones ActSilica ExposureExpert Witness TestimonyMultidistrict Litigation (MDL)Civil Practice and Remedies CodeTexas Supreme CourtAppellate ProcedureState Law Preemption
References
27
Case No. MISSING
Regular Panel Decision

In Re GlobalSanteFe Corp.

John Lopez sued GlobalSantaFe Corp. (GSF) under the Jones Act for injuries from asbestos and silica exposure. Chapter 90 of the Civil Practice and Remedies Code, which governs silica and asbestos litigation, mandates expert reports and consolidation in an MDL pretrial court. Lopez's case was transferred to the silica MDL pretrial court, which subsequently remanded it to the original trial court, asserting Chapter 90 was preempted by the federal Jones Act. GSF petitioned the Texas Supreme Court for mandamus relief. The Court ruled that Chapter 90's procedural elements, including expert report requirements and MDL consolidation, are not preempted by the Jones Act. However, Chapter 90's provision for a minimal physical impairment threshold for silica claims is preempted. The Court conditionally granted mandamus relief, instructing the MDL pretrial court to vacate its remand order and conduct further proceedings consistent with this opinion.

PreemptionJones ActFederal Maritime LawState LawSilica LitigationAsbestos LitigationMDL ProceduresExpert TestimonyProcedural vs. Substantive LawMandamus Relief
References
28
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