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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:

  1. Report: Prisons in Honduras are Dangerous, Violent and Corrupt, by Matthew Clarke
  2. Seventh Circuit: Indiana Malicious Prosecution Claim Cognizable via § 1983, by Mark Wilson
  3. Washington Supreme Court Recognizes Racial Bias in Jury Selection but Fails to Take Action, by Mark Wilson
  4. Private Prison Contractor Not Subject to New Jersey’s Open Records Act
  5. Oregon Attorney Fee Repayment Requires Showing of Ability to Pay, by Mark Wilson
  6. Jails Stop Posting Mug Shots to End "Extortion" by Profiteering Websites
  7. Unfair Punishment, by Sam Levin
  8. Ninth Circuit Again Rejects California’s Resistance to ADA Obligations, by Mark Wilson
  9. Kansas DNA Testing Eligibility Extended to Second-Degree Murder, by Mark Wilson
  10. Ninth Circuit Vacates FRCP 4(m) Dismissal Without Notice, by Mark Wilson
  11. Fifth Circuit Upholds Qualified Immunity in Medical Neglect Death of Texas Detainee, by Matthew Clarke
  12. Cover-up of Angola Prisoner’s Beating Results in Guilty Pleas, $8,000 Settlement
  13. Lethal Injection Protocol, Source of Execution Drugs Challenged in Pennsylvania
  14. Washington Prison Guard’s Murder Costs State $2.5 Million and Counting, by Mark Wilson
  15. Failure to Treat Tuberculosis Suit Survives Summary Judgment, Settles for $1.4 Million, by Derek Gilna
  16. Physician Sentenced for Sexually Abusing Prisoners in Georgia, District of Columbia
  17. Washington Jail Detainees Sue over Videotaped "Peep Shows", by Mark Wilson
  18. ICE Officials Target of Sexual Harassment, Gender Discrimination Lawsuits
  19. Heat-related Deaths in Texas Prisons Lead to Lawsuits, Reluctant Changes, by Matthew Clarke
  20. Fifth Circuit Grants Summary Judgment for Substitution of Pain Medication
  21. Seventh Circuit: Routine Erasure of Prison Security Tapes Does Not Warrant Sanctions, by Michael Brodheim
  22. Qualified Immunity to Iowa DOC Director for Recalculating Prisoners’ Release Dates, by David Reutter
  23. Reversal of Oregon Parole Postponement Due to Incorrect Psychological Evaluation, by Mark Wilson
  24. ACLU Granted Preliminary Injunction Requiring Michigan Jail to Deliver Legal Mail, by David Reutter
  25. Update on PLN Suit Against Nevada DOC
  26. South Carolina Supreme Court Reverses Parole Denial, by Michael Brodheim
  27. Texas Correctional Industries: Providing Useful Work Skills or Slave Labor?
  28. Ninth Circuit: Prisoner’s Service of Process for Other Prisoner Not Protected Conduct, by Mark Wilson
  29. U.S. Sentencing Commission Approves Retroactivity for Drug Offense Sentence Reductions, by Derek Gilna
  30. Temple University Acts on Complaint Against Authors of Private Prison Study
  31. "Mass Chaos" Reigns at Georgia Prisons, by David Reutter
  32. How to Starve the For-profit Prison Beast, by Justin Jones
  33. Qui Tam Lawsuits Under the Federal False Claims Act – An Overview, by Sabarish Neelakanta
  34. PLN Settles Lawsuit Against Kenosha County, Wisconsin for $116,500, by Derek Gilna
  35. From the Editor, by Paul Wright
  36. BJS Report: Jail Population Increases in Indian Country
  37. News in Brief

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