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District Court May Order Martinez Report, Ninth Circuit Holds
Loaded on Jan. 15, 2010
published in Prison Legal News
January, 2010, page 46
A federal district court has the discretion to order the preparation of a Martinez report, the U.S. Court of Appeals for the Ninth Circuit decide.
Filed under:
Failure to Protect (General),
Administrative Exhaustion (PLRA),
Injunctions (PLRA),
Discovery,
Mandamus,
Immunity/Liability,
Qualified Immunity.
Location:
Arizona.
Robert Tuzon, an Arizona prisoner, sued various state prison officials alleging that (1) staff had failed to protect him from assault; (2) his legal materials …
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More from this issue:
- Prison Health Care, Political Choice and the Accidental Death Penalty in Michigan, by Elizabeth Alexander
- $950,000 Settlement for California Prisoner Rendered Quadriplegic
- From the Editor, by Paul Wright
- Hadix Litigation Winding Down, by David Reutter
- Shortcomings Cited at Virginia’s Civil Commitment Facility, by Matthew Clarke
- BOP Settles FTCA Abuse/Religious Discrimination Suit for $48,000, by Brandon Sample
- U.S. DOJ Calls Houston Jail Unconstitutional, Prisoner Death Rate Alarming, by Gary Hunter
- $75,000 Settlement in Heart Attack Death of Missouri Jail Prisoner
- Don’t Build it Here Revisited (or “There is no Economic Salvation Through Incarceration”) - Prisons Do Not Create Jobs, by Clayton Mosher
- $125,000 Settlement in Suicide Death Of New York Jail Prisoner
- Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur, by John E Dannenberg
- Settlement in Class-Action Suit Against CCA Modified After PLN Unseals Court Documents, by Alex Friedmann
- Colorado Detainee Tasered During Seizure, Paid $116,731.73 and $83,268.27 in Fees
- Prison Video Visitation Expands into For-Profit Market, by David Reutter
- Sex with Former Jail Employee Lands Texas Sex Offender Back in Prison
- Soft Porn, Bribery and Jailed Millionaire Make for a Dangerous Mix, by Brandon Sample
- California Communities Made Less Safe as Sex Offender Housing Restrictions More Strictly Enforced, by Michael Brodheim
- Texas Supreme Court Rules in Favor of Ex-Prisoner’s Religious Halfway House, by Matthew Clarke
- Former High-Ranking CIA Official Imprisoned for Corruption, by Matthew Clarke
- $2.4 Million Settlement in Children’s Death Caused by California Jail Guard’s Driving
- $1.95 Million Awarded to New Hampshire Guards Falsely Accused of Assaulting Prisoner, by David Reutter
- Guantanamo’s Youngest Prisoner Can’t Be Tried, Won’t be Released, by Matthew Clarke
- Education for Persons in Detention—A Human Right, by Jimmy Franks
- BOP Guard Found Guilty in Prisoner’s Death, Sentenced to Life, by Brandon Sample
- Four Pennsylvania Jail Guards Fired, Two Resign Over Prisoner Beating, by David Reutter
- South Dakota: Prisoner May Enforce Third-Party Kosher Meal Obligation
- Federal Jury Awards $5 Million for Wrongful Conviction Involving Houston Crime Lab, by Matthew Clarke
- Seventh Circuit Upholds $9,063,000 Award to Illinois Ex-Prisoner Exonerated by DNA, by Brandon Sample
- Iowa Supreme Court: Retroactive Good Conduct Time Denial is Unconstitutional, Depending on Date of Conviction, by Matthew Clarke
- Seventh Circuit Reverses Dismissal of 8th Amendment and FTCA Medical Claims; Case Settles on Remand for $20,000
- New York Politicians Want to Re-Evaluate Civil Confinement Release Law, by Matthew Clarke
- New Hampshire City Ordinance Restricting Sex Offender Residency Found Unconstitutional
- PLN Sues Texas Dept. of Criminal Justice Over Censorship; Court Upholds Rights of Book Distributors, by Alex Friedmann
- Oneida County, NY Jail Suicide Litigation Settled for $225,000
- Los Angeles County Jail Agrees To Pay $900,000 to Settle Lawsuit over Inadequate Medical Care
- DHS Ordered to Respond to Petition Seeking National Stan-dards at Immigration Detention Facilities, by Brandon Sample
- $1.31 Million Awarded to California Man Wrongly Jailed on Murder Charge
- $1.31 Million Award to Wrongfully Jailed California Man
- Discovery Disputes in Suit Over Pennsylvania Jail MRSA Deaths, by Matthew Clarke
- China Taking Steps to Reduce Number of Executions
- Federal Court Awards $1.47 Million in Attorney Fees and Costs against Sheriff Arpaio
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- Starting Out: The Complete Reentry Book, by William Foster and Carl Horn, 446 pp, $22.95, by Matthew Clarke
- BOP Fails To Meet Drug Treatment Goals; Lack of Funding Blamed
- Georgia Prisoners Must Use Court Promulgated Form to Initiate a Court Action
- District Court May Order Martinez Report, Ninth Circuit Holds
- Washington Supreme Court Upholds Denial of Parole for Sex Offender Who Refuses to Admit Guilt
- Washington Pretrial Release UAs Invalidated
- Second Circuit Establishes Anonymous Pleading Standards
- Fifth Circuit Reinstates Texas Prisoner’s Failure-to-Protect Suit, by Matthew Clarke
- Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference, by Brandon Sample
- News in Brief:
More from these topics:
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026. Summary Judgment, Discovery, Abuse of Discretion Standard.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026. Disclosure of Records, Discovery, Public Records, State Legislation, Method of Execution.
- What 911 Calls Reveal About Jail Operations, Sept. 1, 2026. Systemic Medical Neglect, Statistics/Trends, Failure to Protect (General), Staffing, Staff Training.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- New York Ordered to Pay Prisoner $25,000 for Failing to Protect Him from Attack, Aug. 1, 2026. Failure to Protect (General), Defenses, Damages - Compensatory, Negligence/Reckless Endangerment, Deliberate Indifference.
- Oklahoma County Jail Fails 12th Health Inspection, Aug. 1, 2026. Corrections Audits, Failure to Protect (General), Staffing, Sanitation, Bedding.

