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Dismissal for Failure to Amend Complaint Reversed
Loaded on July 15, 1995
published in Prison Legal News
July, 1995, page 11
The court of appeals for the second circuit has held that a pro se prisoner's complaint should not be dismissed for failure to file a clear and concise complaint, failing to comply with the pleading requirements of Federal Civil Procedure and for failing to submit to discovery. Noah Simmons filed ...
Filed under:
Systemic Medical Neglect,
Civil Procedure,
Complaints,
Sanctions,
Depositions.
Location:
New York.
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- Supreme Court Turns Back Parole Challenge
- 4th Cir. Clarifies IFP Dismissal Standard
- Private Physician Subject to Section 1983 Liability
- No Interlocutory Appeal of Discovery Order
- 9th Cir. Upholds Attorney Fee Award
- Appointment of Counsel
- Unprovoked Assault States Claim
- Prisoners Entitled to Meaningful Ad Seg Review
- Helms Amendment Ruled On
- Qualified Immunity Granted for Denial of Exercise
- AA Probation Requirement Illegal for Atheist
- Denial of Food May Violate Eighth Amendment
- Confinement Claim Barred by Res Judicata
- NJ Sex Offender Registration Ruled On
- Retaliatory Infraction States Claim
- PA Class Action Settlement Published
- Denial of Witnesses Violates Due Process
- Dismissal for Failure to Amend Complaint Reversed
- Warden Survey Released
- TDCJ Selling Counterfeit Meat
- MI Drug Patch Testing
- CA Families Fight to Maintain Bonds, by Willie Wisely
- NV Phone Rate Scalping Examined
- 51 Months for Sex With Prisoners
- Who's Treating the Doctor
- AL Brings Back Chain Gangs
- Violence Increases in Fed Prisons
- SC Prisoners Protest Haircut Policy
- From The Editor, by Dan Pens
- FL Prisoner Has Right to Die
- Books Available: The Penitentiary in Crisis: From Accomodation to Riot in NM, by Mark Calvin
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- Prisoners and the Law
- Book Review: Prison Violence in America, by M Braswell
- Litigation Status Report Available
- News in Brief
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- The Rise and Fall of California's Radical Prison Movement (Book Review), by Mark Cummins
- Raze the Walls Burned
- Health Problems in WY
More from these topics:
- Washington’s Continuing Competency Crisis Strains Jails, June 1, 2025. Medication, Systemic Medical Neglect, Conditions of Confinement, Failure to Treat (Mental Illness).
- Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma, June 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA).
- Oklahoma Supreme Court Kills One Jail Death Suit, Threatening Settlement of Another, June 1, 2025. Systemic Medical Neglect, Private Contractors, Medical Neglect/Malpractice.
- $875,000 Award for Illinois Prisoner’s Delay in Getting Hernia Surgery, June 1, 2025. Systemic Medical Neglect, Hernias.
- Wellpath and VitalCore Skip Paying Nearly $2 Million in Settlements in South Carolina, June 1, 2025. Staff-Prisoner Assault, Systemic Medical Neglect, Injury -- Misc., Private Contractors.
- Washington DOC On Hot Seat Over “Unexpected Fatalities,” Missed Autopsies, May 1, 2025. Criminal justice system reform, Systemic Medical Neglect, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice, False Statements/Perjury.
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- Oregon DOC Replaces Top Medical Staffers Amid Turmoil, May 1, 2025. Systemic Medical Neglect, Staffing.
- Studies Link Incarceration with Lower Cancer Survival Rates—For Prisoner’s Partners, Too, May 1, 2025. Systemic Medical Neglect, Cancer.
- $1 Million Partial Settlement for Washington Jail Detainee’s Leg Amputation, April 1, 2025. Naphcare, Systemic Medical Neglect, Settlements.