Michael McNeely

Five bellwether individual issues trials were heard as summary judgment motions to determine whether class members who were placed in administrative segregation in federal penitentiaries were entitled to additional compensatory damages beyond their share of the aggregate damages award.

The court assessed the idiosyncratic harm suffered by each plaintiff, taking into account their pre-existing mental health conditions and other stressors.

The court awarded additional compensatory damages to three plaintiffs ($50,000, $25,000, and $75,000) who proved that their time in segregation caused specific, additional harm.

The claims of the other two plaintiffs were dismissed as they failed to prove causation.

The court declined to award punitive damages in any of the cases.

The respondent sought an order for costs against the applicant's counsel under Rule 24(9) of the Family Law Rules, alleging that counsel had caused unnecessary costs by advising the applicant to breach a temporary parenting order and withhold parenting time.

The court found that counsel's actions did increase costs and constituted ethical breaches, including advising a client to disobey a court order and attempting to act as both witness and advocate.

However, given counsel's recent call to the bar, contrition, and the absence of dishonest or bad faith intent, the court declined to award costs against him, emphasizing that such orders are to be made sparingly and require an element of mala fides beyond mere incompetence.