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Dismissal of Suit for Not Attending Deposition Reversed
Loaded on May 15, 1996
published in Prison Legal News
May, 1996, page 14
The court of appeals for the ninth circuit held that a prisoner appearing at a deposition hearing, but refusing to testify, was not a "failure to appear" within the meaning of Fed.R.Civ.P. 37(d). Robert Estrada, a California state prisoner, had filed suit against various prison officials for assault and destruction …
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More from this issue:
- Citizen Anti-Crime Initiatives? How the Gun Lobby Bankrolls the War on Crime, by Paul Wright
- From the Editor, by Paul Wright
- State Murder Machine Picks Up
- Texas Rent-A-Cells Burn
- Texas Grooming Code May Violate RFRA
- Texas Prison Developer Arrested in Escape Plot
- VitaPro Fraud Scheme Unveiled in Texas
- Spain and Belgium Abolish the Death Penalty
- Dismissal of Women's Suit Affirmed
- More Trouble in Texas Rent-A-Jails, by Bryon W, Ferguson
- Pennsylvania Prison Stormed, by S T
- A Doctor in Prison, by D.C.
- USP Atlanta Locked Down
- Stunned in Pennsylvania, by Michael Crooker
- Michigan Parole Law Unconstitutional
- Prison Rape Opponents Sue to Protect Award-Winning Web Site from Internet Censors
- Sexual Assault During Search Illegal
- Arizona Death Row Chain Gang Problems
- Dismissal of Suit for Not Attending Deposition Reversed
- Bad Apples in Florida DOC
- Criminal Conviction Inadmissible Evidence
- Jail Guards' Convictions Affirmed
- Attorney Fee Award Upheld in Jail Suit
- Complaint Need Not List Capacity Defendants Sued In
- Jury Power in Action
- Denial of Bed Linen States Claim
- Litigants Must Be Given Writing Materials
- Section 1983 Appropriate for Disciplinary Hearings
- Retaliation Claims Survive Sandin, but PI Reversed
- CDC Mental Health System Ruled Deficient
- Summary Judgment Notice Must Be Given by Court
- News in Brief
More from these topics:
- Missouri Judge Heavily Sanctions DOC for “Deliberate Disregard for the Authority of This Court” in Suit Over Prisoner’s Suicide, March 1, 2026. Discovery, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides, Confinement in Segregated Housing.
- Fifth Circuit Remands Louisiana Detainee’s Medical Grievance Case, Nov. 1, 2025. Systemic Medical Neglect, Summary Judgment, Discovery, Pro Se Issues, Grounds for Relief, Deliberate Indifference.
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, April 1, 2025. Discovery, Suppression of Evidence.
- Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim, May 1, 2024. Staff-Prisoner Assault, Discovery, Qualified Immunity, Supervisory Liability, Immunity - Absolute and Qualified.
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024. Failure to Treat, Exposure to Heat, Discovery, Deliberate Indifference.
- Misconduct Shades Sexual Assault Suit As Hawaii Settles With Prisoners for $2 Million, Feb. 1, 2024. Staff-Prisoner Assault, DOC/BOP misconduct, New Trial Motions, Discovery.
- Washington Agencies Sanctioned for Discovery Violations Reach $3.1 Million Settlement with Disabled Woman Allegedly Abused at State Sanctioned Home, Jan. 1, 2024. Attorney Misconduct, Discovery, Sanctions, Discovery - Lateness of.
- Pennsylvania Guards and Their Attorneys Spanked for Discovery Abuse in Prisoner’s Excessive-Force Suit, March 1, 2023. Excessive Force, Discovery.
- Music Stops in Fifth Circuit’s Qualified Immunity ‘Dance,’ Leaving Plaintiffs With Shortened Discovery Period, Jan. 1, 2023. Discovery, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Timeliness of Motion.
- Federal Court Sanctions Wexford for Discovery Abuse in Illinois Prisoner’s Suit, April 1, 2022. Wexford Health Services, Discovery, Brady Rule violations.

