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Second Circuit: Rule 41 Dismissal Requires Five Factor Analysis

Loaded on June 3, 2015 by Mark Wilson published in Prison Legal News June, 2015, page 59
Filed under: Medication, Respiratory, Complaints. Location: New York.

Second Circuit: Rule 41 Dismissal Requires Five Factor Analysis

by Mark Wilson

In September 24, 2014, the Second Circuit Court of Appeals held that a district court had improperly dismissed a New York prisoner’s lawsuit for failure to prosecute, without weighing the required factors.

Federal prisoner Harry Baptiste filed suit ...

 

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More from this issue:

  1. $1.75 Million Settlement in Michigan Detainee’s Heroin Withdrawal Death, by David Reutter
  2. Massachusetts: Wrongful Death Claims Survive Summary Judgment in Prisoner Suicide Case, by Mark Wilson
  3. Women, Incarcerated, by Sharona Coutts
  4. Arbitrator’s Award on Pay Raises for Prison Guards Costs Pennsylvania County $5 Million, by David Reutter
  5. News in Brief
  6. Nevada Jail Charges Prisoners for Meals, Medical Care to Defray Costs, by Michael Brodheim
  7. Former PA Supreme Court Justice Convicted, Disbarred, Ordered to Write Apology, by Joe Watson
  8. Pollution Prison in Pennsylvania, by Mumia Abu-Jamal
  9. Second Circuit: Rule 41 Dismissal Requires Five Factor Analysis, by Mark Wilson
  10. Tennessee County Agrees to Improve Mental Health Care for Prisoners
  11. BOP Settles Medical Negligence Claim for $600,000, by David Reutter
  12. Wyoming Prisoner Escapes from Private Transport Van, Remains on the Run, by Mark Wilson
  13. Over 100 Protestors Converge at GEO Group’s Shareholder Meeting
  14. Ninth Circuit: PLRA Fee Cap Inapplicable to Fees on Appeal
  15. Feds and Tennessee Officials Investigate Prisoners Using Facebook, by David Reutter
  16. Former Nurse at Maine State Prison Files Suit Over Racial Slurs, by Joe Watson
  17. Two Former Oklahoma Prison Guards Get Deferred Sentences in Prisoner’s Death, by Matthew Clarke
  18. Ninth Circuit: Plata Doesn’t Bar Individual Injunctive Relief Claims; $26,000 Settlement, by Mark Wilson
  19. Supreme Court Reinstates Challenge to North Carolina Post-Release GPS Sex Offender Monitoring, by Derek Gilna
  20. Maryland DOC’s Ban on Media Interviews with Prisoners Upheld
  21. New York: $360,000 Award for Guard’s Statutory Rape of Prisoner, by Matthew Clarke
  22. $110,000 Settlement in Suit over Nebraska Jail Prisoner’s Suicide, by Matthew Clarke
  23. Federal Court Strikes Down Pennsylvania Law that Restricts Prisoners’ Speech, by Derek Gilna
  24. California Tests State Prisoners for Valley Fever Amid Lawsuits, Deaths, by Derek Gilna
  25. Sixth Circuit: Group Strip Searches and Delousing at Ohio Jail State Claim, by David Reutter
  26. Fourth Circuit Finds No Sex Reassignment Surgery Evaluation States Claim; $13,000 Settlement
  27. Fifth Circuit Holds Texas Prisoner has Right to Free Kosher Meals, by Matthew Clarke
  28. Automatic Oregon Death Row Confinement Pending Resentencing Enjoined, by Mark Wilson
  29. Washington Prisoner’s Wife Prevails on PRA Claim for Investigative Report Redactions, by Mark Wilson
  30. Nevada DOC’s “One Eye Policy” Challenged; Summary Judgment Reversed, by Lonnie Burton
  31. $71,000 Settlement in Iowa Prisoner’s Sexual Harassment Claim, by David Reutter
  32. Judicial Misconduct Results in Mild Sanctions, by Matthew Clarke
  33. Dismissal of State-Created Danger Claim Reversed, by David Reutter
  34. Nebraska Court Awards Prisoner $267,000 in Failure to Protect Suit, by David Reutter
  35. $266,653 Judgment in Lawsuit Challenging Alabama Prison’s Improper Sewage Discharge, by David Reutter
  36. Oregon: No Presumed Prejudice for Violation of Attorney-Client Communication, by Mark Wilson
  37. New Report Cites Improvements at Troubled Ohio Prison
  38. “American Taliban” Wins Injunction Against BOP Religious Worship Restrictions, by Derek Gilna
  39. Ninth Circuit: BOP Improperly Denied RDAP Sentence Reduction; Remedy may be Reduced Supervised Release Term, by Mark Wilson
  40. Denial of Time Served Credit Violates Vermont Law, by Mark Wilson
  41. Palestinian Prisoners in Israeli Jails Smuggle Sperm to Impregnate Wives
  42. Ex-Con Seeks Return to Prison for Medical Treatment
  43. Is Redemption Possible for Former Prisoners?
  44. Grand Jury Investigates Santa Cruz County Jail Deaths, by N.H. Putnam
  45. New Jersey Pre-trial Detainee’s Mysterious Death Results in $650,000 Settlement, by David Reutter
  46. $1.35 Million Award in Montana Jail Prisoner’s Alcohol Withdrawal Death, by David Reutter
  47. $1 Million for Medical Neglect Death of Wisconsin Jail Prisoner, by David Reutter
  48. From the Editor, by Paul Wright
  49. A City of Convicts: The statistical sleight of hand that makes the U.S. crime rate seem lower than it really is, by Josh Voorhees

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