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Dismissal for Derelict Lawyer Reversed
Loaded on Jan. 15, 1998
by Arizona prisoner (name withheld)
published in Prison Legal News
January, 1998, page 13
The court of appeals for the fifth circuit held that a district court abused its discretion when it dismissed, with prejudice, a prisoner's lawsuit as a sanction for his appointed counsel's dereliction. Tyronne Clofer, a Louisiana state prisoner, filed suit claiming prison officials were deliberately indifferent to his serious medical …
Filed under:
Attorneys,
Appointment of Counsel,
Attorney Misconduct,
Malpractice (Attorneys),
Sanctions.
Location:
Louisiana.
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More from this issue:
- Smoking, Lies and Hypocrisy, by Paul Wright
- Education as Crime Prevention: Providing Education to Prisoners, by Dan Pens
- From the Editor, by Paul Wright
- Judge-Made Law, by Mumia Abu-Jamal
- TCI Breaks 'Inmate Telephone System' Stranglehold, by Dan Pens
- Utah Governor's 'Pal' Dupes Parole Officials
- Motion for Seized Property Subject to PLRA Fee
- Attn: Lawyers in Prison
- Dismissal of Paid Suit Counts as a "Strike"
- Fifth Circuit Upholds PLRA IFP Provisions
- Mailbox Rule Applies to Trust Fund Statement
- Mandamus Appeal Denied as Third Strike
- PLRA Doesn't Apply to Habeas
- Writs of Mandamus Not Subject to PLRA Fees
- AL Jail Enjoined From Holding Prisoners Overnight
- Former Warden Wins Suit Against TDCJ
- Washington 35% Law Struck Down, in Part
- $135,000 Award in Beating Affirmed, Municipal Liability Reversed
- Torture Info Wanted
- News in Brief
- Legal Material Confiscation May Violate First Amendment
- A Matter of Fact
- Alabama Jail Held in Contempt for Crowding
- Dismissal for Derelict Lawyer Reversed, by Arizona prisoner (name withheld)
- New York Work Release Creates Liberty Interest
More from Arizona prisoner (name withheld):
- Dismissal for Derelict Lawyer Reversed, Jan. 15, 1998
More from these topics:
- Oregon Supreme Court Announces Bright-Line Rule Requiring Dismissal Without Prejudice When State Fails to Appoint Counsel for Eligible Criminal Defendant Within 60 Days in Misdemeanor Cases or 90 Days in Felony Cases Post-Arraignment, March 1, 2026. Appointment of Counsel, Public Defenders, Indigent Defense, Constitution, state, Counsel - Right to.
- California Appeals Court Rules in Favor of Ripped Off Prisoner, Feb. 1, 2026. Attorney Misconduct, Court Appearances, Trials, Abuse of Discretion Standard, Access To Courts.
- Delaware Supreme Court Announces Trial Courts Must First Resolve Defense Counsel’s Motion to Withdraw Before Addressing Defendant’s Plea-Withdrawal Request, Holding Failure to Do So Violates Sixth Amendment Right to Counsel, Jan. 1, 2026. Appointment of Counsel, Sixth Amendment, Counsel - Constructive denial of, Self-representation, Withdrawal.
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, Dec. 15, 2025. Attorney Misconduct, Legal Materials, Law Library Access/Adequacy, Limitations, AEDPA.
- Alabama DOC Attorneys Reprimanded for Filing AI-Written Briefs in Prisoner’s Suit, Aug. 1, 2025. Failure to Protect (General), Attorney Misconduct.
- California Attorney Disbarred for Deceiving Prisoners Seeking Resentencing, Aug. 1, 2025. Prosecutor/Attorney General Misconduct, Attorney Misconduct, Counsel - Effective Assistance of.
- New York City Loses Bid to Withhold Jail Records, July 15, 2025. Attorneys, Public Records Act.
- Rhode Island Supreme Court Announces Indigent First-Time Applicant for Postconviction Relief Entitled to Counsel Even When Not Requested; Superior Court Must Determine Whether Applicant Intended to Waive Right to Counsel and Whether Done Knowingly, Vol, May 15, 2025. Appointment of Counsel, Counsel - Right to, Counsel - Constructive denial of.
- Disbarred Cincinnati Defense Attorney Who Defrauded Prisoner Clients Gets Three-Year Sentence, May 1, 2025. Attorney Misconduct, Malpractice (Attorneys), Fraud and Theft Loss, Disbarred Attorney.
- California Court of Appeal Vacates Former NFL Star’s Rape Conviction Because Prosecutor’s Racial Statements During Closing Constituted ‘Racially Discriminatory Language’ in Violation of Racial Justice Act, March 15, 2025. Racial Discrimination, Attorney Misconduct, Misleading Advice/Statements to Defendant.

