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Consenting to Have Magistrate Conduct Trial Not Waiver to Right to Jury Trial
Loaded on May 15, 1999
published in Prison Legal News
May, 1999, page 25
The Fifth Circuit court of appeals held that a pro se prisoner who signed a consent to have a magistrate judge conduct his trial did not knowingly waive his right to a jury trial. Kevin Jennings, a Texas state prisoner, filed suit under 42 U.S.C. § 1983, alleging excessive force …
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More from this issue:
- Tainted Plasma Traced to Arkansas Prison: Bill Clinton's Blood Trails, by St Clair, Jeffrey
- Jury Awards $2.3 Million for Slain San Quentin Prisoner, State Settles for $2.5 Milliion, by Willie Wisely
- No Liberty Interest in Ohio Ad-Seg Rules
- From the Editor, by Dan Pens
- Pennsylvania Ban on Writing by Mumia Abu-Jamal Enjoined
- A Nation's Gratitude, by Mumia Abu-Jamal
- Utah Jail Censorship Suit Settled for $68,682
- Illinois KKK Guard Loses Lawsuits, Goes to Prison, by Paul Wright
- The Sounding Tree: Voices Along the Razor Wire, by Lee Dickenson (Book Review), by Daniel Burton-Rose
- Private Prisons in the United States: An Assessment of Current Practice (Review of Report), by Alex Friedmann
- Behind the Razor Wire: Portrait of a Contemporary American Prison System (Review), by Paul Wright
- Publication Reviews
- Public Access to Documents Resources, by Paul Wright
- California Habeas Handbook: A Practical Guide to Habeas Law for California Prisoners (Review)
- Individual Legislators May Intervene to Terminate Prison Suits
- Prisoner Must Show Imminent Danger at Time of IFP Request to Avoid PLRA Three-Strikes Dismissal
- Suicides Plague Florida Women's Prison, by Alex Friedmann
- White Guard, Black Guard: Racism in Washington Continues, by Jennifer Vogel
- Grand Jury Reverses Indictment Against Jailers
- Guard Raped, Entire Texas Prison System Locked Down
- New Hampshire Prisoners Gain the Vote
- Corcoran Shooting Death Suit Settled for $825,000
- New Jersey Guard's Killer Gets Life
- Colorado Prisoner Acquitted of Kidnapping
- New York Paroles for Sale, by Julia Lutsky
- New Jersey Porn Ban Struck Down
- News in Brief
- 180 Days in SHU Not "Atypical and Significant"
- 5th Circuit Upholds Mississippi Disenfranchisement Law
- $4,000 Awarded to Paraplegic Prisoners Segregated Under Improper Conditions
- Consenting to Have Magistrate Conduct Trial Not Waiver to Right to Jury Trial
- County Bankruptcy Tolls FRCP 4(m)
- District Court Can't Dismiss Appeal for Failure to Pay Filing Fee
More from these topics:
- Atlanta Jail Boasts Improvements Since Consent Decree, Reports from Monitor and ACLU Are More Critical, May 1, 2026. Staffing, Sanitation, Guard Brutality/Beatings, Consent Decrees, Bail/Pretrial Release.
- Six Maryland Guards Convicted in Prisoner’s Beating, Cover-up; § 1983 Suit Filed, May 1, 2026. Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Obstruction of Justice, Wrongful Use of Force, Evidence - Destruction/Fabrication/Manipulation of.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Ninth Circuit Reinstates Wheelchair-Bound Washington State Prisoner’s Suit Over Failure to Accommodate Disabilities During Transport, Feb. 1, 2026. Transportation, Excessive Force, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.
- Differing Judicial Outcomes for the New York Guards Who Killed Robert Brooks, Feb. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Pending Appeal/Sentencing.
- The New York Prison System’s Culture of Cruelty and Impunity, Feb. 1, 2026. Guard Misconduct, Racial Discrimination, Guard Brutality/Beatings, Restraints, Excessive Force (Wrongful Death).
- $404,000 Verdict for Ohio Prisoner Brutalized by Trio of Guards, Kept in Solitary for Two Years, Jan. 1, 2026. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Control Units/SHU/Solitary Confinement.
- Exonerated Former Prisoner Wins Election for Chief Record Keeper in New Orleans, Jan. 1, 2026. Prisoner Legal Assistance, Juries, Public Records, Wrongful Conviction, Wrongful Imprisonment.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.