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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:
- Federal Conviction, Guilty Pleas for Jail Guards Responsible for Oklahoma Detainee’s Death, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Excessive Force, Civil Rights Actions or Offenses/Bivens Actions.
- CoreCivic’s Long Record of Abuse and Neglect in Tennessee, June 1, 2026. Corrections Corporation of America/CoreCivic, Systemic Medical Neglect, Guard Brutality/Beatings, Medical Neglect/Malpractice.
- Warden, Four Other Louisiana Jailers Indicted for Brutalizing Compliant Detainees with Riot Shield, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Wrongful Use of Force.
- $112,500 Paid to Former New Mexico Prisoner Denied Public Records of Excessive Force by Guards, June 1, 2026. DOC/BOP misconduct, Guard Brutality/Beatings, Settlements, Public Records Act, False Imprisonment.
- $75,000 for Pennsylvania Prisoner’s Excessive Force Claim Against Jail Guard, June 1, 2026. Failure to Treat, Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability, Wrongful Use of Force.
- Two More Guards Face Prison Time for Messiah Nantwi Killing, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Sentencing, Excessive Force (Wrongful Death), Plea Agreements/Guilty Pleas.
- 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.
- The Systematic Terror of Rankin County’s “Goon Squad”, May 1, 2026. Guard Misconduct, War on Drugs, Guard Brutality/Beatings.

