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Adequate Opportunity for Discovery Required

Loaded on July 15, 1999 published in Prison Legal News July, 1999, page 19
Filed under: Retaliation, Retaliation for Litigating, Retaliatory Transfers, Appointment of Counsel, Discovery, Qualified Immunity, Supervisory Liability. Location: New York.
The court of appeals for the Second Circuit held that when a pro se prisoner brings a colorable claim against supervisory prison officials, and those officials respond with a dispositive motion based on the prisoner's failure to identify the real culprits, dismissal should not occur without additional time for discovery …

 

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  1. Strip Mining Human Rights in Virginia's Supermax Dungeons, by Dan Pens
  2. Florida Guards Acquitted in Brutality Case, by Alex Friedmann
  3. The Mentally Disordered Inmate and the Law, by Fred Cohen (Book Review), by Paul Wright
  4. From the Editor, by Dan Pens
  5. Behind Bars in Brazil (Review of Human Rights Watch Report), by Julia Lutsky
  6. Human Feces in California Prison's Water, by Willie Wisely
  7. Iowa to Close Prison Law Libraries
  8. South Korea Frees Political Prisoner after 41 Years
  9. Ohio Prisons Cited by EPA, by Dan Cahill
  10. Missouri Ends Ad Seg Ban on Publications
  11. Detainee Beaten to Death at Nassau County Jail, by Alex Friedmann
  12. Wisconsin Prisoners Stage Food Protest
  13. Exhaustion Required
  14. PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive
  15. Illinois Exhaustion Described
  16. Federal Habeas Not Subject to PLRA
  17. PLRA Doesn't Affect Court Contempt Powers
  18. PLRA Physical Injury Requirement Not Retroactive
  19. Guard Guilty of Penis Stomping
  20. Florida Prison Erupts
  21. Washington Gift Subscription Ban Injunction Affirmed
  22. $660,000 Awarded in Post-Sandin Segregation Suit
  23. Private Prison Guard Is State Actor for § 1983 Purposes
  24. VitaPro President Arrested
  25. Liberty Interest in Parole-Required Custody Classification
  26. Withholding Dental Care Violates Eighth Amendment, by Ronald Young
  27. No Interlocutory Appeal on Supervisory Liability When Guard Stabs Prisoner
  28. Denial of HIV Medication Subjects Medical Contractor to Liability
  29. Kansas Good Time Forfeiture Violates Ex Post Facto
  30. Arizona Prisoners Can Pay Filing Fee in Installments
  31. Infraction Inadmissable at Criminal Trial
  32. BOP Erred in Running State Sentence Consecutive to Federal Sentence
  33. Washington Restitution Order Expired Ten Years After Release
  34. Adequate Opportunity for Discovery Required
  35. Texas Courts Must Hold Hearing Before Dismissing Suit for Having No Arguable Basis in Fact
  36. No Suspicion Required for California Parolee Searches
  37. IDEA Confers Right to Education Even in SHU
  38. $130,000 in Damages and Fees Awarded in New York Retaliation Suit
  39. Qualified Immunity in Transsexual Treatment Case
  40. New York Work Release Suit Dismissed
  41. Edwards No Bar to Seg Suit
  42. Washington EFV Cut-Off Date Questioned
  43. News in Brief
  44. Retaliation Suit States Claim
  45. FRAP 24 Good Faith Standard Not High
  46. 376 Days in New York Seg "Atypical and Significant" Hardship

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