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7th Circuit Clarifies "Frivolous" and Safety Standard
Loaded on Jan. 15, 1996
published in Prison Legal News
January, 1996, page 11
The court of appeals for the seventh circuit ruled that a district court must determine a suit is not only legally insufficient but that it cannot be saved by amendment before the court can dismiss the suit as frivolous under 28 U.S.C. § 1915. In its ruling the appeals court …
Filed under:
Prisoner-Prisoner Assault,
HIV/AIDS,
Conditions of Confinement,
Failure to Protect (General),
Appointment of Counsel,
Frivolous Litigation,
Complaints,
Discovery.
Location:
Indiana.
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More from this issue:
- Voting Rights Case Reinstated
- From the Editor, by Paul Wright
- NBC Slanders Freedom Fighter, by Jaan Laaman
- Arizona Prisoners Charged for Electricity, by Dan Pens
- Federal Prisons Erupt, by Dan Pens
- WADA Squeezed Out of Existence, by Dan Pens
- Maryland Medical Co-Pay Policy Upheld
- Direct Action in Ohio, by Ohio Prisoner
- CBCC Prisoners Struggle
- Women Prisoners Lose Discrimination Suit
- Texas Anti-Litigation Law, by Dan Pens
- 7th Circuit Clarifies "Frivolous" and Safety Standard
- News in Brief
- Back on the Chain Gang
- Sexual Extortion Violates Eighth Amendment
- Failure to Prosecute Dismissal Reversed
More from these topics:
- South Carolina Supreme Court Reverses Class Action Status in Prisoners’ Sexual Assault Lawsuit, Oct. 1, 2026. Sexual Assault, Failure to Protect (General), Class Certification, Prison Rape Elimination Act, Appealable Issues/Orders.
- Eleventh Circuit Revives Pro Se Litigant’s § 1983 Lawsuit Despite His Three Strike Status Under the PLRA, Oct. 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Complaints, Abuse of Discretion Standard, Pro Se Issues.
- San Francisco Jail Survey Exposes Abuse, Malnutrition and Constitutional Violations, Oct. 1, 2026. Failure to Protect (General), Food, Guard Brutality/Beatings, Attorney Visits, Pretrial Detention and Detainees.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026. Failure to Protect (General), Staffing, Security Systems, Summary Judgment, Deliberate Indifference.
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026. Summary Judgment, Discovery, Abuse of Discretion Standard.
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026. Disclosure of Records, Discovery, Public Records, State Legislation, Method of Execution.
- What 911 Calls Reveal About Jail Operations, Sept. 1, 2026. Systemic Medical Neglect, Statistics/Trends, Failure to Protect (General), Staffing, Staff Training.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.

