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Statement of Claim Must Rely Solely on Complaint
Loaded on Nov. 15, 1993
published in Prison Legal News
November, 1993, page 4
Scott Swoboda was a jail detainee in Doniphan County, Kansas. He filed suit under § 1983 over numerous conditions of confinement at the county jail. The district court dismissed the suit pursuant to Fed.R.Civ.12(b)(6), concluding that the lawsuit failed to state a claim upon which relief could be granted. The …
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More from this issue:
- Well Established Right to Release From Control Unit
- Litigation and Service Protected by First Amendment
- Florida Conditions Victory Reversed
- WI Ad Seg Rules Don't Create Liberty Interest
- Standard for Modifying Consent Decrees Explained
- Statement of Claim Must Rely Solely on Complaint
- Section 1983 Not Estopped by State Court Ruling
- No Right to Forfeit Goodtime
- Prosecutorial Liability Explained
- Seg Prisoners Entitled to Congregate for Religious Services
- Chain of Custody on Urine Sample
- Pages from a Jailhouse Journal, by Nick DiSpoldo
- Biased Hearing Officer Violates Due Process
- Lack of Shower/Bathroom Curtains Violate Privacy
- Republicans Introduce Crime Bill, by Paul Wright
- Editorial, by Ed Mead
- Report from the Hole, by Adrian Lomax
- Chained Detainee Wins Restraint Case
- The Politics of Imprisonment, by Ed Mead
- Political Prisoner Information Wanted
- Brazil's Final Solution to the Crime Problem
- 700 Moroccan Prisoners Escape
- Stop the Forced Psychiatric Treatment of Georges Cipriani
More from these topics:
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- Warden, Four Other Louisiana Jailers Indicted for Brutalizing Compliant Detainees with Riot Shield, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Wrongful Use of Force.
- $112,500 Paid to Former New Mexico Prisoner Denied Public Records of Excessive Force by Guards, June 1, 2026. DOC/BOP misconduct, Guard Brutality/Beatings, Settlements, Public Records Act, False Imprisonment.
- $75,000 for Pennsylvania Prisoner’s Excessive Force Claim Against Jail Guard, June 1, 2026. Failure to Treat, Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability, Wrongful Use of Force.
- Atlanta Jail Boasts Improvements Since Consent Decree, Reports from Monitor and ACLU Are More Critical, May 1, 2026. Staffing, Sanitation, Guard Brutality/Beatings, Consent Decrees, Bail/Pretrial Release.
- Six Maryland Guards Convicted in Prisoner’s Beating, Cover-up; § 1983 Suit Filed, May 1, 2026. Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Obstruction of Justice, Wrongful Use of Force, Evidence - Destruction/Fabrication/Manipulation of.
- Nevada Non-Profit Founder Under Investigation for Misconduct, May 1, 2026. Staff-Prisoner Assault, Staff-Prisoner Harassment, Contractor Misconduct, Complaints, Restrictions, discrimination.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- The Systematic Terror of Rankin County’s “Goon Squad”, May 1, 2026. Guard Misconduct, War on Drugs, Guard Brutality/Beatings.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.

