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Estate Proper Party When Defendant Dies
Loaded on Feb. 15, 1994
published in Prison Legal News
February, 1994, page 6
Jerry Young is a New York state prisoner. He filed suit under § 1983 claiming that Terry Patrice, a prison guard, had beaten him. During the pendency of the suit it appears that Patrice died. The attorney general filed a motion to dismiss the suit claiming that because the sole ...
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More from this issue:
- How to Secure the Attendance of Witnesses at Trial, by Paul Wright
- Ninth Circuit Upholds Ban on Attorney Contact Visits
- Murder Incorporated, by Bill Dunne
- Qualified Immunity Law Clarified
- California DOC Starts Use of Electric Fence
- Shackling of Con Litigants Discussed
- Reviews, by Paul Wright
- Estate Proper Party When Defendant Dies
- Officials Must Assess Informant's Credibility
- Delay of Medical Care States Claim
- Prisoner Entitled to Interest From Prison Account
- Loved One in Prison?
- No Right to TV Interviews
- More Censorship and Repression in Indiana
- Twenty-Seven Cons Die in El Salvador Riot
- Class Differences in Crime Control, by Ed Mead
- What's Wrong in the Ohio DOC?, by John Perotti
- City Liable for Negligent Medical Care
- Involuntary PC Violates Due Process
- WA DOC Wants to Open New Prison, Close Old Ones
- Attorneys File Briefs for Peruvian POW's, by Paul Wright
- Third Circuit Announces Rules for Appointment of Counsel
- Rule of Law or Rule of Five?, by Mark Tushnet
- Court Upholds Silencing of Dan Quayle's Drug Supplier
- From The Editor, by Paul Wright
More from these topics:
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025. War on Terror, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Terrorism.
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, Aug. 1, 2025. Racial Discrimination, Retaliation, Guard Brutality/Beatings.
- Multiple Prisoner Suits Accuse Guards of Violence at Virginia BOP Lockup, Aug. 1, 2025. Racial Discrimination, False Charges (Disciplinary Hearings), Guard Brutality/Beatings, Restraints, Failure to Treat (Mental Illness), Discrimination (Transgender).
- SCOTUS Clamps Down on Bivens Extension to Prisoner Beaten by BOP Guards at Virginia Lockup, Aug. 1, 2025. Guard Brutality/Beatings, Restraints, Immunity - Absolute and Qualified, Bivens Actions.
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Guard Brutality/Beatings.
- $1.2 Million for New York Prisoner Waterboarded by Guards, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Exceptions.
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Damages - Compensatory, Damages - Punitive.
- Delaware’s ACLU Files Action on Behalf Of Six Prisoners Assaulted During Midnight Raid, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints.