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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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More from this issue:
- 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
- Books Available: Cages of Steel, by Ward Churchill
- Books Available: Barred: Women, Writing and Political Detention, by Barbara Harlow
- Prisoners and the Law
- Book Review: Prison Violence in America, by M Braswell
- Litigation Status Report Available
- News in Brief
- Book Review: Civil Liability in Criminal Justice, by HE Barrineau
- 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:
- BOP Denies Providing Substandard Dialysis Treatment Despite Prisoners’ Deaths, Court Filings, Understaffing and Lack of Oversight, Sept. 1, 2026. Systemic Medical Neglect, Private Contractors, Failure to Treat, Staffing, Inadequate Health Care Facilities.
- Delaware’s Lack of Prison Healthcare Oversight, Sept. 1, 2026. Contractor Misconduct, Corrections Audits, Systemic Medical Neglect, Private Contractors, Grievances.
- Rising Deaths in Los Angeles County Jail Linked to Longer Stays, Sept. 1, 2026. Systemic Medical Neglect, Drug Overdose, Statistics/Trends, Suicides, Reduction of Prison Population.
- What 911 Calls Reveal About Jail Operations, Sept. 1, 2026. Systemic Medical Neglect, Statistics/Trends, Failure to Protect (General), Staffing, Staff Training.
- Isolation and Medical Neglect at Illinois’ Joliet Treatment Center Drive Prisoners to Set Fatal Fires, Sept. 1, 2026. Systemic Medical Neglect, Security Systems, Medical Neglect/Malpractice, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).
- Court Shuts Down Arizona Attempt to Fill Medical Staff Vacancies with Under-Qualified Providers, Sept. 1, 2026. Systemic Medical Neglect, Staffing, Injunctions, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).
- Illinois Prisons Have Gone a Year Without Long-term Healthcare Contract, Sept. 1, 2026. Wexford Health Services, Centurion, Systemic Medical Neglect, Private Contractors, Staffing.
- Report Highlights Shortage of Wheelchairs at Michigan Women’s Prison, Sept. 1, 2026. Disabled Prisoners, Medication, Systemic Medical Neglect, Staffing, Deliberate Indifference.
- Ohio Finds Guards and Medical Staff Failed to Render Life-Saving CPR to Detainee, Sept. 1, 2026. Systemic Medical Neglect, Failure to Treat, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.