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“Liberal” Pleading Construction Reveals Negligent Guard Theory Claim

Loaded on Oct. 15, 2007 published in Prison Legal News October, 2007, page 36
Filed under: Sexual Assault, Prisoner-Prisoner Assault, Failure to Protect (General), Staffing, Appointment of Counsel, Complaints, Federal Tort Claims Act. Location: New York.
"Liberal" Pleading Construction Reveals Negligent Guard Theory Claim

The Second Circuit Court of Appeals has reversed a New York federal district court?s dismissal of claims under the Federal Tort Claims Act (FTCA), finding that the court failed to "liberally" construe the plaintiff prisoner's submissions to be "interpreted so as to ...

 

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  1. Little State, Big Problems: Maine’s Prison Crisis Continues Unabated, by Lance Tapley
  2. Old Media Access Consent Decrees Violated in Maine, by Lance Tapley
  3. Massachusetts District Court: FBI Ordered to Pay $101.7 Million for Malicious Prosecution, by Michael Rigby
  4. From the Editor, by Paul Wright
  5. Clarification:
  6. Maryland Prison Audit Reveals Potential Fraud “Undetectable”, by Michael Rigby
  7. Florida Supreme Court Enacts Rules Regulating “Super Sealing” of Court Records, by David Reutter
  8. Final Report on Ohio Prisoner Reentry Study, by G.A. Bowers
  9. Minnesota Sanction for Sex Offender Treatment Refusal Violates Fifth Amendment
  10. “War on Terror” Whistleblowers, Dissenters are Fired, Prosecuted; Plaintiff’s Lawyers Help Turn Them In, by Alex Friedmann
  11. Arkansas Prisoner Denied Kosher Diet Awarded $1,500
  12. Psych Evaluations Questioned Following D.C. Jail Suicides, by Matthew Clarke
  13. NY Prisoner Who Crushed Thumb Working at Ski Resort Awarded $40,000
  14. Illinois Supreme Court Holds Prisoner Medical Co-Payment Fee Can’t Be Deducted From Future Funds, by John Dannenberg
  15. California’s Solution To Prison Overcrowding: $7.4 Billion To Build 53,000 New Beds, by Marvin Mentor
  16. $4 Million Settlement In Rape and Beating Death of Mentally Ill New Jersey Prisoner, by Michael Rigby
  17. $14 Million Verdict Against Louisiana DA’s Office for Wrongful Death Sentence
  18. Fortress Of Solitude: The Bureau Of Prisons Is As Good At Keeping Prisoners In As It Is At Keeping Reporters Out, by Alan Prendergast
  19. South Carolina Prisoner Assaulted By Guards Awarded $600,000
  20. Wyoming and CMS Settle Suit Over Diabetic Prisoner’s Loss of Foot, by Matthew Clarke
  21. San Mateo County, California, Settles Strip-Search Suit for $1.9 Million
  22. Tenth Circuit Upholds BOP Guard’s Abuse Convictions
  23. Texas Parole Board Revamps Urinalysis Procedures
  24. GAO Audit: Alien Detention Facilities Suffer Continuing Deficiencies, by John Dannenberg
  25. Los Angeles County Pays $475,000 In Jail Healthcare Wrongful Death
  26. Texas Pays $250,000 for Lingering Death of Teen Prisoner, by Michael Rigby
  27. U.S. Supreme Court: Colorado Prisoner Alleging Injury From Suspension Of Medical Treatment Stated Adequate Claim To Preclude Dismissal, by John Dannenberg
  28. Massachusetts Guard Accused of Throwing Feces Entitled to Workman’s Compensation
  29. New Jersey Supreme Court Orders DOC to Codify Prisoner Healthcare Responsibilities, by John Dannenberg
  30. $1.6 Million Settlements by PHS and Hillsborough County in Death of Baby Born in Florida Jail, by David Reutter
  31. Eighth Circuit Reverses Summary Judgment Dismissal of Excessive Force Claims
  32. Confidential Settlement for Alabama Prisoners Killed in Road Work Crew
  33. New Law Bars Hawaii Prison Officials from Canceling Visits
  34. $100 Million In Restitution Fines Collected From California Prisoners Since 1992
  35. Probation Condition Restricting Pets at Residence Held Overbroad
  36. Absence of Parole Revocation Administrative Appeal Process Entitles Prisoner to Trial Court Determination of Custody Credits, by John Dannenberg
  37. BOP May Not Foreclose Transfer to Community Corrections Center Based on Length of Remaining Sentence, by John Dannenberg
  38. “Liberal” Pleading Construction Reveals Negligent Guard Theory Claim
  39. Findings of Fact by Indiana Disciplinary Panel Not Entitled toPresumption of Correctness for Federal Habeas Purposes, by John Dannenberg
  40. Texas Allows Actual Innocence Claim in Non-Capital Habeas Actions
  41. Unsupported Penile Plethysmograph Testing as Condition of Release Rises to Due Process Violation, Creates Liberty Interest
  42. Many Chinese Prisoners Retain Right to Vote
  43. Mere Possibility of Parole Insufficient to Prevent Texas Prisoners’ Parental Rights Termination, by Matthew Clarke
  44. On Appeal Texas Prisoner Acquitted of Damaging Jail Furnishing
  45. Ohio Juvenile Wards Entitled to Attorneys to Pursue 1983 Actions
  46. Fifth Circuit Reverses Dismissal of Mississippi Retaliation For Letters to a Newspaper Claim
  47. News in Brief:
  48. Notice of Appeal Deemed Filed When Presented to Prison Officials; Burden on State to Refute

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