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Local Rule Cannot Justify Summary Judgment When Factual Dispute Exists
by David M.Reutter
The Ninth Circuit Court of Appeals held the failure to file an opposing pleading, as required by local rule, in response to a motion for summary judgment is not grounds for entry of final judgment against the non-moving party when genuine disputes of material facts exist; additionally, ...
The Ninth Circuit Court of Appeals held the failure to file an opposing pleading, as required by local rule, in response to a motion for summary judgment is not grounds for entry of final judgment against the non-moving party when genuine disputes of material facts exist; additionally, ...
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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 David Reutter:
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025
- $22.5 Million Verdict Arrives Too Late for Wrongfully Convicted Illinois Prisoner, July 15, 2025
- First Circuit Revives Rhode Island Prisoner’s Excessive Force Claim Against Guard, July 15, 2025
More from these topics:
- 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.
- Indiana Supreme Court Says “Summary Judgment Is Not Summary Trial,” Remanding State Prisoner’s Malpractice Claim to a Jury, Aug. 15, 2024. Malpractice (Attorneys), Summary Judgment, Resentencing, Remands/Rehearings/Resentencings.
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.
- In Suit Over Moldy Cells Causing Fungal Infection, Illinois Warden Denied Summary Judgment Wins Anyway, Dec. 1, 2023. Respiratory, Ventilation, Sanitation, Summary Judgment, Expert Witnesses.
- No Summary Judgment for Private Transportation Company in Maryland Detainee’s Suit Alleging “Horrific” 2,000-Mile Journey, Sept. 15, 2023. Transport Companies, Transportation, Summary Judgment.
- Nevada Muslim Prisoner Wins Suit Over Denial of Jumu’ah Prayer, Jan. 1, 2023. Summary Judgment, Settlements, Required Religious Programming.