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Court Must Notice Pro Se Prisoner of Resonse Rights Before Granting Summary Judgment
Loaded on March 15, 2003
published in Prison Legal News
March, 2003, page 24
by John E. Dannenberg The Ninth Circuit US Court of Appeals reversed a district court's grant of defendant's motion for summary judgment because the district judge failed to give fair notice to the pro se prisoner plaintiff of his right to file counter-affidavits or other responsive evidentiary materials in opposition …
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More from this issue:
- Georgia Parole Corruption Deepens, by Gary Hunter
- From the Editor, by Paul Wright
- Louisiana Prisoners May Access Savings Funds Exceeding $250
- Suits Against Individual State Employees Available Under ADA
- California Three-Year Lockdown of "Southern Hispanics" Held Unconstitutional, by Marvin Mentor
- Thaddeus-X Standard Retroactive Except for Qualified Immunity Defense, by Bob Williams
- Iowa Guards Fired for Beating Prisoner
- Gender and Incarceration: How Men and Women Experience Life Behind Bars, by Silja JA Talvi
- Criminal Guards and Escaping Prisoners in Texas
- Maryland Pays $700,000 to Settle Suit Over Murder Committed by Parolee in Colorado
- Texas Eliminates Habeas Corpus Following Probation Revocation
- Virginia Law Repeals Phone Rate Ruling
- $2.5 Million Verdict in California Medical Neglect Case, by Marvin Mentor
- Vehicle Forfeited for Smuggling Drugs into Arizona Prison
- Tribal Funds Exempt from Washington LFO Seizures
- Florida's Private Food Service Demonstrates that Profit Overrides Sanitary Practice, by Marvin Mentor
- Habeas Hints: Standard of Review, by Kent Russell
- Drug Addiction Disability Cannot Be Used to Deny Parole
- California Parole Official Demoted
- Disclosure of Transsexual, HIV+ Status States Eighth Amendment Claim
- Class Action Filed on Washington DOC Seizure of Tribal Funds
- Habeas Corpus Sole Remedy for BOP Sentence Reduction
- $90,169 Plus Injunction in California Retaliation Suit
- Hawaii Prison Doctor's Retaliation Judgment Upheld
- Prisoner Phone Recordings not Exempt from FOIA Disclosure
- Veteran's Benefits Deposited to Prisoner Trust Account Cannot Be Attached
- Denial of Reporter's Access to Jail Unconstitutional
- North Carolina DOC Supervisor Implicated in Scandal
- Medical Claim Accrues on Last Date of Treatment Denial
- Court Must Notice Pro Se Prisoner of Resonse Rights Before Granting Summary Judgment
- Punitive Damages Are Prospective Relief Under PLRA, by David Reutter
- New York County Liable for Jail Strip Searches
- Ohio Prison Officials Cannot Alter Jail-Time Credit Award
- Sandin Applied to Wisconsin Sexual Offender Civil Commitment
- Release of Medical Liability May Establish Deliberate Indifference
- New York Jail Strip Search Policy Unconstitutional
- Woman Gang Raped in Back of Jail Van
- Failure to Assert Hearing Officer Bias Administratively Waives Claim on Habeas
- News in Brief
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- New York Prisoner Awarded $411,000 in Failure to Protect Suit
- BJS Releases New Recidivism Study
More from these topics:
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
- HRDC’s Washington Jail Debit-Release Card Suit Survives Summary Judgment, Nov. 1, 2025. Summary Judgment, Class Certification, Seizure of Prisoner Funds, Official Report, HRDC Litigation.
- Federal Injunction Bars ICE from Crowding Detainees in Unsanitary “Hold” Rooms in New York City Office, Nov. 1, 2025. Diabetes, Failure to Treat, Totality of Conditions, Food, Overcrowding, Plumbing, Sanitation, Bedding, Hygiene Supplies, Prisoner Legal Assistance, Legal Materials, Law Library Access/Adequacy, Summary Judgment, Injunctions, Class Certification, Immigration Detention.
- Fifth Circuit Remands Louisiana Detainee’s Medical Grievance Case, Nov. 1, 2025. Systemic Medical Neglect, Summary Judgment, Discovery, Pro Se Issues, Grounds for Relief, Deliberate Indifference.
- Eleventh Circuit Declines to Extend to Summary Judgment Proceedings a Rule Requiring District Courts to Notify Pro Se Litigants, Nov. 1, 2025. Staff-Prisoner Harassment, BOP Litigation Reports, Summary Judgment, Pro Se Issues, Unlawful Detention.
- Appeals Court Allows Illinois Prisoner’s Suit for Failure to Exhaust Administrative Remedies, Nov. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Summary Judgment, 42 U.S. Code § 1983, civil action for deprivation of rights, Hearsay Evidence/Exceptions.
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- Seventh Circuit Offers Wisconsin Prisoner Just a Little Help in Suit Alleging He Was Held in Feces-Stained Cell Without Water, Feb. 15, 2025. Sewage, Water, Sanitation, Summary Judgment.
- TDCJ Denied Summary Judgment In Suit by Prisoner Who Missed Grievance Deadline Because Guard’s Assault Left Him In a Coma, Sept. 15, 2024. Staff-Prisoner Assault, Guard Brutality/Beatings, Summary Judgment.

