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Dismissal for Incompetent Appointed Lawyer Reversed
Loaded on Sept. 15, 1998
published in Prison Legal News
September, 1998, page 20
The court of appeals for the seventh circuit held that district courts should not dismiss cases for want of prosecution where court appointed counsel is plainly incompetent. Lawrence Dunphy, an Illinois state prisoner filed suit claiming prison officials violated his eighth amendment rights by disobeying a medical order to give …
Filed under:
Appointment of Counsel,
Attorney Client,
Attorney Misconduct,
Civil Procedure,
Appeals,
Sanctions.
Location:
Illinois.
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- U.S. Supreme Court Reverses Reed
- Zero Tolerance Drug Policy in New Jersey
- Cases of Interest From the U.S. Supreme Court's 1997-98 Term
- Allan Ellis' Federal Prison Guidebook, by Paul Wright
- From the Editor, by Paul Wright
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- Pro Se Tips and Tactics, by John Midgley
- Critical Resistance Conference
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- Fee Payment Orders Not Immediately Appealable
- Administrative Exhaustion
- CA Death Row Decree Ended
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- ADA Roundup
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- MI Prison "Fee" Law Preempted by ERISA
- Bivens Action is Not Time Barred When in Compliance With Rule 3
- Kansas Prisoners Entitled to Notice of Prison Rules
- Two Year Limitations on Illinois § 1983 Suits
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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.
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- Ohio Sued by Non-Profit Law Firm for Opening Prisoner Legal Mail, July 15, 2025. Attorney Client, Legal Materials, Attorney Calls, Legal Mail.
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