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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:
- 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.