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District Court May Order Martinez Report, Ninth Circuit Holds
Loaded on Jan. 15, 2010
published in Prison Legal News
January, 2010, page 46
A federal district court has the discretion to order the preparation of a Martinez report, the U.S. Court of Appeals for the Ninth Circuit decide.
Filed under:
Failure to Protect (General),
Administrative Exhaustion (PLRA),
Injunctions (PLRA),
Discovery,
Mandamus,
Immunity/Liability,
Qualified Immunity.
Location:
Arizona.
Robert Tuzon, an Arizona prisoner, sued various state prison officials alleging that (1) staff had failed to protect him from assault; (2) his legal materials ...
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More from this issue:
- Prison Health Care, Political Choice and the Accidental Death Penalty in Michigan, by Elizabeth Alexander
- $950,000 Settlement for California Prisoner Rendered Quadriplegic
- From the Editor, by Paul Wright
- Hadix Litigation Winding Down, by David Reutter
- Shortcomings Cited at Virginia’s Civil Commitment Facility, by Matthew Clarke
- BOP Settles FTCA Abuse/Religious Discrimination Suit for $48,000, by Brandon Sample
- U.S. DOJ Calls Houston Jail Unconstitutional, Prisoner Death Rate Alarming, by Gary Hunter
- $75,000 Settlement in Heart Attack Death of Missouri Jail Prisoner
- Don’t Build it Here Revisited (or “There is no Economic Salvation Through Incarceration”) - Prisons Do Not Create Jobs, by Clayton Mosher
- $125,000 Settlement in Suicide Death Of New York Jail Prisoner
- Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur, by John E Dannenberg
- Settlement in Class-Action Suit Against CCA Modified After PLN Unseals Court Documents, by Alex Friedmann
- Colorado Detainee Tasered During Seizure, Paid $116,731.73 and $83,268.27 in Fees
- Prison Video Visitation Expands into For-Profit Market, by David Reutter
- Sex with Former Jail Employee Lands Texas Sex Offender Back in Prison
- Soft Porn, Bribery and Jailed Millionaire Make for a Dangerous Mix, by Brandon Sample
- California Communities Made Less Safe as Sex Offender Housing Restrictions More Strictly Enforced, by Michael Brodheim
- Texas Supreme Court Rules in Favor of Ex-Prisoner’s Religious Halfway House, by Matthew Clarke
- Former High-Ranking CIA Official Imprisoned for Corruption, by Matthew Clarke
- $2.4 Million Settlement in Children’s Death Caused by California Jail Guard’s Driving
- $1.95 Million Awarded to New Hampshire Guards Falsely Accused of Assaulting Prisoner, by David Reutter
- Guantanamo’s Youngest Prisoner Can’t Be Tried, Won’t be Released, by Matthew Clarke
- Education for Persons in Detention—A Human Right, by Jimmy Franks
- BOP Guard Found Guilty in Prisoner’s Death, Sentenced to Life, by Brandon Sample
- Four Pennsylvania Jail Guards Fired, Two Resign Over Prisoner Beating, by David Reutter
- South Dakota: Prisoner May Enforce Third-Party Kosher Meal Obligation
- Federal Jury Awards $5 Million for Wrongful Conviction Involving Houston Crime Lab, by Matthew Clarke
- Seventh Circuit Upholds $9,063,000 Award to Illinois Ex-Prisoner Exonerated by DNA, by Brandon Sample
- Iowa Supreme Court: Retroactive Good Conduct Time Denial is Unconstitutional, Depending on Date of Conviction, by Matthew Clarke
- Seventh Circuit Reverses Dismissal of 8th Amendment and FTCA Medical Claims; Case Settles on Remand for $20,000
- New York Politicians Want to Re-Evaluate Civil Confinement Release Law, by Matthew Clarke
- New Hampshire City Ordinance Restricting Sex Offender Residency Found Unconstitutional
- PLN Sues Texas Dept. of Criminal Justice Over Censorship; Court Upholds Rights of Book Distributors, by Alex Friedmann
- Oneida County, NY Jail Suicide Litigation Settled for $225,000
- Los Angeles County Jail Agrees To Pay $900,000 to Settle Lawsuit over Inadequate Medical Care
- DHS Ordered to Respond to Petition Seeking National Stan-dards at Immigration Detention Facilities, by Brandon Sample
- $1.31 Million Awarded to California Man Wrongly Jailed on Murder Charge
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- Discovery Disputes in Suit Over Pennsylvania Jail MRSA Deaths, by Matthew Clarke
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- Washington Supreme Court Upholds Denial of Parole for Sex Offender Who Refuses to Admit Guilt
- Washington Pretrial Release UAs Invalidated
- Second Circuit Establishes Anonymous Pleading Standards
- Fifth Circuit Reinstates Texas Prisoner’s Failure-to-Protect Suit, by Matthew Clarke
- Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference, by Brandon Sample
- News in Brief:
More from these topics:
- Shocking Video Footage Reveals Rampant Violence and Neglect in Los Angeles County Jails, April 26, 2024. Staff-Prisoner Assault, Prisoner-Prisoner Assault, Failure to Protect (General), Jail Specific.
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”, April 1, 2024. Administrative Exhaustion (PLRA), Three Strike Litigants.
- Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard, April 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Dismissal, Medical Treatment/Expenses.
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024. Failure to Treat, Exposure to Heat, Discovery, Deliberate Indifference.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard, April 1, 2024. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Immunity - Absolute and Qualified.
- Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard, March 1, 2024. Administrative Exhaustion (PLRA), Injunctions, RLUIPA, Religious Land Use and Institutionalized Persons Act (RLUIPA), Right to Grow a Beard.
- Alabama Prisons Facing Third Class-Action Lawsuit, March 1, 2024. Parole Board Misconduct, Prison Labor, Failure to Protect (General), Staffing, Guard Brutality/Beatings, Failure to Treat (Mental Illness), Assaults on Staff.