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Magistrates Lack Jurisdiction to Impose Contempt Sanctions

Loaded on Oct. 15, 1997 published in Prison Legal News October, 1997, page 16
Filed under: Dental Care, Civil Procedure, Damages, Preliminary Injunctions/TRO's, Contempt (Civil Procedure), Magistrates. Location: Montana.
The court of appeals for the ninth circuit held that magistrates lack jurisdiction to impose criminal contempt orders, even when the parties have consented to proceed before a magistrate. James Bingman, a Montana state prisoner, filed suit after not receiving adequate dental care. The magistrate judge issued a preliminary injunction …

 

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