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Summary Judgment Notice Must Be Given by Court
Loaded on May 15, 1996
published in Prison Legal News
May, 1996, page 21
The court of appeals for the ninth circuit has reaffirmed that when a district court considers matters outside the pleadings in ruling on the sufficiency of a complaint it must give the plaintiff notice and allow the plaintiff an opportunity to respond. Webster Lucas, a California state prisoner, filed suit …
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- Citizen Anti-Crime Initiatives? How the Gun Lobby Bankrolls the War on Crime, by Paul Wright
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- 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
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- 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
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- CDC Mental Health System Ruled Deficient
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- News in Brief
More from these topics:
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026. Plumbing, Sanitation, Summary Judgment, Costs, Deliberate Indifference.
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026. Failure to Protect (General), Staffing, Security Systems, Summary Judgment, Deliberate Indifference.
- Eleventh Circuit Affirms Refusal to Expand Bivens to Claim Alleging Federal Prisoner Died from Denial of Treatment for Hepatitis C, Oct. 1, 2026. Medical, Eighth Amendment, Administrative Exhaustion, Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference.
- Ninth Circuit Reverses Dismissal of Prisoner’s ADA Complaint Alleging Denial of Toileting and Hygiene Services, Oct. 1, 2026. Disabled Prisoners, Hygiene Supplies, Summary Judgment, Americans with Disabilities Act, Deliberate Indifference.
- Florida DOC Rebuked for Seizing Prisoner’s Excessive Force Settlement to Cover Incarceration Liens, Sept. 1, 2026. Summary Judgment, Settlements, Seizure of Prisoner Funds, Trust Accounts, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026. Summary Judgment, Discovery, Abuse of Discretion Standard.
- $500,000 for Mentally Ill Detainee Beaten by Guard at Ohio Jail, Sept. 1, 2026. Guard Brutality/Beatings, Summary Judgment, Settlements, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026. Guard Misconduct, Pepper Spray/Tear Gas, Summary Judgment, Employee Litigation, Vagueness/Overbreadth.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.

