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Ninth Circuit Vacates FRCP 4(m) Dismissal Without Notice
Loaded on Aug. 12, 2014
by Mark Wilson
published in Prison Legal News
August, 2014, page 54
Filed under:
Medication,
Drug Overdose,
Civil Procedure,
Service,
Failure to Treat (Mental Illness).
Location:
Nevada.
Ninth Circuit Vacates FRCP 4(m) Dismissal Without Notice
by Mark Wilson
The Ninth Circuit Court of Appeals held on October 30, 2013 that a district court’s failure to provide notice before dismissing a complaint for non-service and denying leave to amend were abuses of discretion.
Nevada …
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More from this issue:
- Report: Prisons in Honduras are Dangerous, Violent and Corrupt, by Matthew Clarke
- Seventh Circuit: Indiana Malicious Prosecution Claim Cognizable via § 1983, by Mark Wilson
- Washington Supreme Court Recognizes Racial Bias in Jury Selection but Fails to Take Action, by Mark Wilson
- Private Prison Contractor Not Subject to New Jersey’s Open Records Act
- Oregon Attorney Fee Repayment Requires Showing of Ability to Pay, by Mark Wilson
- Jails Stop Posting Mug Shots to End "Extortion" by Profiteering Websites
- Unfair Punishment, by Sam Levin
- Ninth Circuit Again Rejects California’s Resistance to ADA Obligations, by Mark Wilson
- Kansas DNA Testing Eligibility Extended to Second-Degree Murder, by Mark Wilson
- Ninth Circuit Vacates FRCP 4(m) Dismissal Without Notice, by Mark Wilson
- Fifth Circuit Upholds Qualified Immunity in Medical Neglect Death of Texas Detainee, by Matthew Clarke
- Cover-up of Angola Prisoner’s Beating Results in Guilty Pleas, $8,000 Settlement
- Lethal Injection Protocol, Source of Execution Drugs Challenged in Pennsylvania
- Washington Prison Guard’s Murder Costs State $2.5 Million and Counting, by Mark Wilson
- Failure to Treat Tuberculosis Suit Survives Summary Judgment, Settles for $1.4 Million, by Derek Gilna
- Physician Sentenced for Sexually Abusing Prisoners in Georgia, District of Columbia
- Washington Jail Detainees Sue over Videotaped "Peep Shows", by Mark Wilson
- ICE Officials Target of Sexual Harassment, Gender Discrimination Lawsuits
- Heat-related Deaths in Texas Prisons Lead to Lawsuits, Reluctant Changes, by Matthew Clarke
- Fifth Circuit Grants Summary Judgment for Substitution of Pain Medication
- Seventh Circuit: Routine Erasure of Prison Security Tapes Does Not Warrant Sanctions, by Michael Brodheim
- Qualified Immunity to Iowa DOC Director for Recalculating Prisoners’ Release Dates, by David Reutter
- Reversal of Oregon Parole Postponement Due to Incorrect Psychological Evaluation, by Mark Wilson
- ACLU Granted Preliminary Injunction Requiring Michigan Jail to Deliver Legal Mail, by David Reutter
- Update on PLN Suit Against Nevada DOC
- South Carolina Supreme Court Reverses Parole Denial, by Michael Brodheim
- Texas Correctional Industries: Providing Useful Work Skills or Slave Labor?
- Ninth Circuit: Prisoner’s Service of Process for Other Prisoner Not Protected Conduct, by Mark Wilson
- U.S. Sentencing Commission Approves Retroactivity for Drug Offense Sentence Reductions, by Derek Gilna
- Temple University Acts on Complaint Against Authors of Private Prison Study
- "Mass Chaos" Reigns at Georgia Prisons, by David Reutter
- How to Starve the For-profit Prison Beast, by Justin Jones
- Qui Tam Lawsuits Under the Federal False Claims Act – An Overview, by Sabarish Neelakanta
- PLN Settles Lawsuit Against Kenosha County, Wisconsin for $116,500, by Derek Gilna
- From the Editor, by Paul Wright
- BJS Report: Jail Population Increases in Indian Country
- News in Brief
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
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- $5.4 Million Jury Verdict Against Riverside County in Suit Over Jail Fentanyl Death, Sept. 1, 2026. Failure to Treat, Drug Overdose, Failure to Protect (Wrongful Death), Monell Liability, Deliberate Indifference.
- Report Highlights Repeated Overdoses at Florida County Jail, Sept. 1, 2026. Corrections Corporation of America/CoreCivic, Contractor Misconduct, Jail Misconduct, Drug Overdose.
- Rising Deaths in Los Angeles County Jail Linked to Longer Stays, Sept. 1, 2026. Systemic Medical Neglect, Drug Overdose, Statistics/Trends, Suicides, Reduction of Prison Population.
- Isolation and Medical Neglect at Illinois’ Joliet Treatment Center Drive Prisoners to Set Fatal Fires, Sept. 1, 2026. Systemic Medical Neglect, Security Systems, Medical Neglect/Malpractice, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).
- Court Shuts Down Arizona Attempt to Fill Medical Staff Vacancies with Under-Qualified Providers, Sept. 1, 2026. Systemic Medical Neglect, Staffing, Injunctions, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).
- Report Highlights Shortage of Wheelchairs at Michigan Women’s Prison, Sept. 1, 2026. Disabled Prisoners, Medication, Systemic Medical Neglect, Staffing, Deliberate Indifference.
- Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026. Consent Decrees, Failure to Treat (Mental Illness), Pretrial Detention and Detainees, Competency Hearing, Inadequate Health Care Facilities.
- Hawai‘i Pays $600,000 for Prisoner’s Withdrawal Death, Sept. 1, 2026. Medication, Drug/Alcohol Withdrawal, Failure to Treat, Settlements, Medical Neglect/Malpractice.