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Court Cannot Supply Elements of Complaint
Loaded on March 15, 1993
published in Prison Legal News
March, 1993, page 3
Joseph Pena is a prisoner at the Washington State Penitentiary. He was subjected to a digital rectal search without probable cause and filed suit under § 1983. Prison officials sought dismissal of the complaint on grounds Pena had failed to state a claim and that they were entitled to qualified ...
Filed under:
Body Cavity Searches,
Civil Procedure,
State Law Claims,
Complaints,
Estoppell,
Eleventh Amendment Immunity,
Qualified Immunity.
Location:
Washington.
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More from this issue:
- Supreme Court Strikes Blow Against Attorney Fees, by Adrian Lomax
- Federal Judge Says Prisoners Denied Access to Courts
- Okay to Steal Mail
- Congress OKs Fed Cons to Pay Cost of Prison
- Freezing Temperature Violates Eighth Amendment
- Federal Prison Terms Increasing
- Prisoners No Longer Entitled to Witness Fees
- Death Threats and "Snitch Jacketing" by Guards Unlawful
- Court Cannot Dismiss Suit if Partial Filing Fee Paid
- Court Cannot Supply Elements of Complaint
- Maxed Out Washington Cons Have Right to Earn Good Time
- Dismissal of HIV+ Conditions Suit Reversed
- Prison Bosses Liable for Rights Violation
- Penn. Senate Warned of Possible Prison TB Epidemic
- Right to Avoid Tobacco Smoke Exposure not Established
- Washington Smoking Suit Dismissed
- Exposure to Tobacco Smoke Violates Eighth Amendment
- Vermont Ends Smoking Ban
- Indiana DOC Must Allow Witnesses at Hearings
- Prisoners Win Suit Over Circulating Petition
- Prisoner Entitled to Religious Diet
- Kentucky Cons Used as Scabs
- What's Wrong With This Picture?, by Paul Wright
- Editorial, by Ed Mead
- Section 1983 Proper Remedy for Disiplinary Violations
- Ex-Louisiana Officials Fined for Racial Segregation
- Jury Must Be Asked If Prisoner Testimony Credible
- Palestinians Sue Tear Gas Maker
- Crisis in the French Gulag, by Jean-Marc Rouillan
- Package Forwarding Service for Cons
- Oregon Wants Prisoners to Pay for Incarceration
- NIJ To Study Roots of Crime
- Battered Women in Prison
- 1990 U.S. Prison Population Stats, by Ed Mead
- No Welcome for Princess Anne
- Prisoners File Record Number of Suits, by Paul Wright
- Clinton for Prisoners: More Bad News, by Paul Wright
- Disabled Executed
- Reviews and Correspondence, by Paul Wright
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