×
You've used up your 3 free articles for this month. Subscribe today.
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 …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
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:
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings.
- Last of 11 Guards Sentenced in Death of New York Prisoner, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury, Obstruction of Justice.
- $500,000 for Mentally Ill Detainee Beaten by Guard at Ohio Jail, Sept. 1, 2026. Guard Brutality/Beatings, Summary Judgment, Settlements, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Troubled Illinois Lockup Sees Guard Abuses, Prisoners on Hunger Strike, Sept. 1, 2026. Hunger Strikes, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- At Least Three Guards Charged for Assaulting Two Massachusetts Prisoners, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Assaults on Staff, Wrongful Use of Force.
- Ombudsman Report Finds Use of Force Misapplied in Contraband Search, Aug. 1, 2026. Guard Misconduct, Failure to Treat, Body Cavity Searches, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- $1.2 Million for Elderly Detainee Shoved Out the Door of Sacramento Jail by Guard, Aug. 1, 2026. Guard Brutality/Beatings, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness), 42 U.S. Code § 1983, civil action for deprivation of rights.
- $6.35 Million Paid for Ohio Jail Detainee’s Spinal Cord Injury Caused by Guard, Aug. 1, 2026. Guard Misconduct, Malpractice, Guard Brutality/Beatings, Settlements, Wrongful Use of Force.