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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:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Oklahoma Supreme Court: Jail Trust Cannot Withhold Requested Records under Law Enforcement Exemption of ORA, May 1, 2026. Summary Judgment, Disclosure of Records, Public Records, Public Records Act, Statutory Construction/Interpretation.
- Indiana DOC Found in Violation of State Public Records Act for Withholding Execution Drug Cost Information, May 1, 2026. Summary Judgment, First Amendment, Public Records Act, Interlocutory Appeals, Lethal Injection Method of Execution.
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026. Summary Judgment, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.
- Eighth Circuit Rules Iowa Prisoner’s Adverse Summary Judgment Is Not a “Strike”, March 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Summary Judgment, Failure to Treat (Mental Illness), Access To Courts.
- 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.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- 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.

