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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:
- 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.
- Nevada Prisons Are Facing a Medical Crisis Due to Understaffing, Aug. 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Staffing, Medical Neglect/Malpractice.
- Judge Grants Attorney’s Motion to Withdrawal from Corizon Health Case Due to Non-Payment, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Private Contractors, Failure to Treat, Bankruptcy.
- Tulsa Jail Shutting Down After Investigative Reporting on Detainee Deaths, Aug. 1, 2026. Contractor Misconduct, Systemic Medical Neglect, Staffing, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- He Died in a Florida Jail. The Company in Charge Should Have Sent Him to the Hospital, Experts Say., July 1, 2026. Armor Correctional Health Services, Systemic Medical Neglect, Medical Neglect/Malpractice.
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Failure to Train/Supervise, Deliberate Indifference.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Tenth Circuit Upholds $33 Million Jury Award in Suit Over Detainee’s Horrific Death in Oklahoma County Jail, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- Three Women Died at a Michigan Prison in Less than a Month, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Arizona Lawmakers Refuse to Fully Fund Prison Healthcare Staffing Ordered by Federal Court, July 1, 2026. Systemic Medical Neglect, Staffing, Injunctions, Contempt (Civil Procedure).

