×
You've used up your 3 free articles for this month. Subscribe today.
Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed
Loaded on May 15, 2004
published in Prison Legal News
May, 2004, page 30
Dismissal Sanction for Prisoner's Refusal to be Deposed Without Court Order Reversed
Filed under:
Esmor/CSC,
Food,
Civil Procedure,
Parties,
Discovery,
Sanctions,
Depositions.
Location:
Colorado.
The Tenth Circuit Court of Appeals held that considering a prisoner's refusal to be deposed absent a court order, as a factor to enter a sanction of dismissal is improper. The Court further held the failure to enter ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Prisons Nationwide Fail to Treat HCV Epidemic, by John E Dannenberg
- BOP Doctor Indicted, Pleads Guilty to Sexual Assault, by Bob Williams
- From the Editor, by Paul Wright
- $50,000 HCV Settlement and New Treatment Protocol Approved in Colorado, by Bob Williams
- Colorado Slammed by West Nile Virus But Ignores Prisoners, by Bob Williams
- Denial of Grievance Forms Excuses Failure to Exhaust
- Florida Work Release Prisoners Ripped Off by Private Transport Company, by David Reutter
- Excessive Heat Still Plagues Baltimore Women Detainees, by Bob Williams
- Another Troubled North Carolina Jail, by Michael Rigby
- Third-Party Beneficiaries Can Enforce Terms of Settlement, by Bob Williams
- Virginia Legislature Awards Wrongfully Convicted Man $1.5 Million
- $13,500 Damages Paid to Two Illegally Detained Washington DOC Prisoners
- Mandamus Available to Review Oregon Disciplinary Orders
- PLRA Physical Injury Rule Applied to Non-Prison Case
- Missed HIV Medication Did Not Create a Serious Medical Need
- Washington Medical Claim Reinstated
- California Rules Violation for "Repeated Pattern" Must Involve Same Offense
- Private Settlement Agreement Prohibits Award of Attorney Fees and Costs, by David Reutter
- County Public Defender Liable for Wrongful Conviction
- Physical Injury Rule Doesn't Bar Strip Search Suit
- Local Rule Cannot Justify Summary Judgment When Factual Dispute Exists, by David Reutter
- Beating Judgment for Jail Affirmed on Appeal; Costs Issue Remanded
- PHS Liable for Denying Insulin to Diabetic New Jersey Jail Prisoner
- New Jersey Prisoners May Confront Accusers in Disciplinary Hearings, by Michael Rigby
- New Jersey Supreme Court Upholds $1.6 Million Harassment Verdict
- Two Level Review Required for Publication Rejection, but Qualified Immunity Granted
- BOP Rule Denying Early Release Eligibility Violates APA
- Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit
- Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused
- No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes
- New Trial Ordered in Washington Strip Cell Conditions Suit
- Pretrial Detainee Has Limited Right to Litigate Civil Matters
- Applicability of FTCA to BOP Causes Circuit Split, by David Reutter
- $15 Million Award for Wrongful Conviction Upheld
- Absence of AEDPA in Texas Law Library May Toll Limitations
- NYPD Commissioner Charged With Stealing $112,733.98 from Jail Prisoner Fund
- Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed
- Kansas Grievance Procedures Inapplicable in Negligence Action
- Illinois County Necessary Party in Suit Against Elected Official
- Confinement for Willful Failure to Pay LFOs Upheld
- No Crueler Tyrannies: Accusation, False Witnesses, and Other Tyrannies of Our Times, by Robert Woodman
- Texas Monitors Prisoners for-Signs of Al-Qaeda Recruitment
- Virginia Prison Vendors Lose Contracts to Out-of-State Supplier, by Gary Hunter
- BOP Medical Detainees Not Subject to PLRA
- Jailhouse Snitch Enlisted in War on Terrorism Behind Bars, by Bob Williams
- Innocent Ohio Man Paid $750,000 for 10 Years Imprisonment
- Tennessee Officials Pay $450,000 to Settle Lawsuit in Detainee's Murder by Guards, by David Reutter
- Texas Probation Officer Charged With Having Juvenile Probationer's Baby, by Gary Hunter
- $252,000 Awarded in Kansas Prisoner's Suicide
- Ohio Native American Prisoner Granted Injunction to Grow Long Hair, by David Reutter
- Dismissal of Prisoner's Divorce Petition Is Abuse of Discretion
- DOJ Investigation: Conditions in Arkansas Prisons Unconstitutional, by Michael Rigby
- Washington Prisoners Get Credit for Time Spent at Liberty
- Tennessee Supreme Court Holds No Procedural Protection Needed for $5 Fine
- California's New Governor Must Reconsider Former Governor's Parole Reversal, by John E Dannenberg
- Washington Failure to Disclose Prison-Phone-Rate Suit Dismissed, State Supreme Court Grants Review, by Sam Rutherford
- Indiana Appeals Court Allows Prisoner to Sue to Receive Pornography
- News in Brief
- Minnesota Pay-To-Stay Programs Don't Deliver
More from these topics:
- Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation, Feb. 1, 2025. Sanctions, Eyewitness Testimony, Brady Rule violations, Witnesses - Prior Statements/Testimony, Factual Disputes/Findings, Legal or Factual Challenges - assertion of.
- Wellpath Sanctioned for Destroying Evidence in Two Oregon Jail Death Suits, Nov. 15, 2024. Private Contractors, Sanctions, Medical Neglect/Malpractice, Evidence - Destruction/Fabrication/Manipulation of.
- Cheap Food Enriching Profiteers, Making Prisoners Sick, Aug. 15, 2024. Food, Inadequate Health Care Facilities.
- Mentally Ill Detainee Allegedly Tasered and Starved to Death At South Carolina Jail, July 1, 2024. Food, Stun Guns/Tasers, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Chemical Spraying of Mentally Ill Inmates.
- West Virginia Slammed for High Costs, Low Quality of Privatized Prison Food, July 1, 2024. Food/Commissary (Private Prisons), Aramark, Corrections Audits, Food.
- Aramark: Prison Food for Thought, May 1, 2024. Aramark, Contractor Misconduct, Food, Religious Diet.
- Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim, May 1, 2024. Staff-Prisoner Assault, Discovery, Qualified Immunity, Supervisory Liability, Immunity - Absolute and Qualified.
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024. Private Contractors, Food, Water, Jail Specific, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Bail/Pretrial Release.
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024. Failure to Treat, Exposure to Heat, Discovery, Deliberate Indifference.
- Suit Filed After Mentally Ill Detainee Starves to Death in Miami Jail, March 1, 2024. Food, Jail Specific, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).