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2nd Circuit Reverses Sua Sponte § 1915 Dismissal; Parolee Owed Duty of Habitable Residence
Loaded on April 15, 2006
published in Prison Legal News
April, 2006, page 41
The Second Circuit Court of Appeals reversed a district courts sua sponte dismissal, pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii), of a New York parolees action, for failure to state a claim.Alonzo Jacobs, a parolee under the supervision of the New York State Division of Parole, brought suit in federal …
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More from this issue:
- Georgia Prisons: A Blight On The Peach State, by Michael Rigby
- Texas Counties Set To Raid State Prisoners Trust Fund Accounts
- From the Editor, by Paul Wright
- Colorado DOC s Medical Oversight Found Remiss, by G.A. Bowers
- CSC Pays Public Defender Social Worker $125,000 for Rape in Juvenile Facility
- Former Georgia Parole Chairman Loses Appeal of Corruption Conviction
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- Continued Reliance on Commitment Offense to Deny California Lifers Parole Denies Federal Due Proces, by Marvin Mentor
- Petty Stone Cold Kickbacks KO Government Employees Nationwide
- PHS Pays $350,000 to Settle Claim for Over-Medication Death of Florida Jail Prisoner
- Dismissal of Medical and Retaliation Claims Reversed, by Bob Williams
- Georgia Legislature Awards Wrongly Convicted Man $1 Million
- Minnesota County Settles Suit over Untreated Appendicitis for $225,000
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- Phoenix, Arizona, Settles Krone Wrongful Imprisonment Suit for $3 Million
- California DOC Settles Racially Determinative Housing Suit, by John Dannenberg
- Michigan Jails Strip Policy Unconstitutional; Guards and Get Qualified Immunity, County Liable, by David Reutter
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- Californias 2005 Prison Suicide Rate Doubles Over 2004, by John Dannenberg
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- Alabama Work Release Prisoners Reclassified Following Escapes
- NYDOCS Abandons ADA DOJ Exhaustion Defense
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- Exhaustion Not Required in Pennsylvania Parole Denial Challenges
- New York Prisoner Awarded $2,250 For Wrong Medication
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- Colorado Lawmakers Approve Prison Bed Funding, Despite DOC Understaffing, March 1, 2026. Overcrowding, Staffing, Parole, Overdetention, Reduction of Prison Population.
- Montana Supreme Court: Due Process Prohibits Courts From Relying on Unproven Charging Allegations When Imposing Sex Offender Registration Duty, Announces First-Impression Rule Limiting Review to Elements of Conviction, March 1, 2026. Sex Offender Registration, Administrative Exhaustion, Fourteenth Amendment, rights, Qualifying Offenses, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- North Carolina Parole Commission Agrees to Stop “Moving Goalposts” for Prisoners Who Committed Crime as Juveniles, Feb. 1, 2026. Parole Board Misconduct, Rehabilitation/Recidivism, Parole, Juvenile Offenses/Offenders, Cruel and Unusual Punishment.
- Study Finds Parole Hearings and Grants Continue to Fall, Jan. 1, 2026. Parole Board Misconduct, Statistics/Trends, Rehabilitation/Recidivism, Parole, Probation, Parole & Supervised Release.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
- Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan, Dec. 1, 2025. Sex Offenders (Discrimination), Conditions of Confinement, Complaints, Grievances, Civil Commitment.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.

