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FRCP Rule 25 Allows for Extension of Time to Substitute Party Upon Death
Loaded on Aug. 8, 2018
by David Reutter
published in Prison Legal News
August, 2018, page 61
Filed under:
Civil Procedure.
Location:
Florida.
by David Reutter
The Eleventh Circuit Court of Appeals has reversed a Florida federal district court’s order denying a motion to reopen a case and substitute parties due to the death of the original plaintiff. The district court erred in finding it could not extend the 90-day time period for ...
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More from this issue:
- FRCP Rule 25 Allows for Extension of Time to Substitute Party Upon Death, by David Reutter
- Michigan Prisoner Publishes Book, State Sues for His Proceeds, by Edward Lyon
- Inadequate Health Services for Native American Prisoners, by Edward Lyon
- Indiana DOC Settles Prisoner’s Retaliation Suit for $80,000, by Matthew Clarke
- Temple University Marks 20 Years of Transformative Inside-Out Prison Program, by Derek Gilna
- Previous NY Escapee Fails to Negotiate Privileges in Exchange for Revealing Security Flaws, by Derek Gilna
- Federal Compassionateless Release, by Dale Chappell
- Criticism of Commission-based Phone Contract at Pennsylvania County Prison, by R. Bailey
- Massachusetts County Faces Lawsuit Over Phone Fee Kickbacks, by Monte McCoin
- Trump Calls Prison Reform “Very Important” as First Step Act Passes in the House, by Christopher Zoukis
- Federal Class-action Accuses CoreCivic of Exploiting Immigrant Detainee Labor, by Derek Gilna
- Wrongfully-convicted California Prisoner Exonerated, Receives $15 Million, by Derek Gilna
- Donald Who? Reform Goes Forward Despite His Idiocy, by Joseph Margulies
- Growing Number of Local Jurisdictions Reject Correctional Privatization, by Monte McCoin
- Louisiana Judge’s Views May Warrant Recusal in All Death Penalty Cases, by David R. Bailey
- Georgia Renewal Statute Requires Prepayment of Costs of Prior Suit
- Virginia: Former Assistant Warden Gets Suspended Sentence for Trading Privileges for Sex, by Monte McCoin
- Alaska Jail Recorded Attorney-client Conversations for Four Years, by Monte McCoin
- Canadian Non-profit Seeks Plant-based Focus, No Animal Slaughter at Prison Farms, by Derek Gilna
- Michigan Prisoners Receive Compensation for Wrongful Convictions, by Derek Gilna
- Federal Judge Dismisses Class-action Suits Over Jail Phone Rates, Commissions, by Christopher Zoukis
- Alabama Pastor and Non-profit Director Fights Capital Murder Charge, by Derek Gilna
- Former Prosecutor and Director of Tennessee DOC Sentenced to Prison, by Monte McCoin
- 15 Years to Life for Jailers Who Beat Mentally Ill Prisoner to Death, by Christopher Zoukis
- Federal Prisoner’s Custody Status Continues While “on Loan” to Face State Charges
- North Carolina Prison Guard Beaten, Stabbed; Sources Say His Past Brutality Made Him a Target, by Monte McCoin
- Prisoners Help Train Future (K9) Law Enforcement Officers, by Christopher Zoukis
- California Prison Spends $417,000 on Bottled Water as Contamination, Violations Continue, by Panagioti Tsolkas
- Tennessee Jailer Convicted of Official Misconduct, “Extreme Provocative Contact”, by Monte McCoin
- Florida: $60,000 Settlement for Juvenile Offender Raped During “Test of Heart” Ritual, by David Reutter
- Arpaio’s Infamous Tent City is Gone but Arizona State Prison’s Tent City Remains, by Matthew Clarke
- Texas Towns with Private Prisons Experience Job Losses, by Matthew Clarke
- $375,000 Settlement for Ohio Woman Pepper Sprayed in Jail’s Restraint Chair, by Matthew Clarke
- The Catalyst: Thelton Henderson Transformed California’s Criminal Justice System. Now Comes the Backlash, by Abbie Vansickle
- Alabama Prisoners Suffer Nation’s Highest Homicide, Suicide Rates, by David Reutter
- Jail Prisoner Injured in Attack by Co-defendant Settles for $5,000
- Federal Court Allows Menard Prisoner’s Lawsuit for Loss of Legal Papers, Retaliation to Proceed, by Derek Gilna
- $650,000 Settlement in Oregon Jail Wrongful Death Claim
- Texas Couple Wrongly Convicted in “Satanic Panic” Receive $3.4 Million, by Matthew Clarke
- HRDC Receives $25,000 Judgment in North Carolina Jail Censorship Case, by Steve Horn
- California Prison Psychiatrist Faces Harassment, Retaliation from State Officials, by Edward Lyon
- Lawsuit Against Private Prison Firm Over Prisoner’s Death at Texarkana Jail, by Matthew Clarke
- Arizona Man Falsely Arrested, Prosecuted by Iowa Officials Accepts $285,000 Settlement, by Edward Lyon
- Arkansas and Oklahoma Rehab Programs Sued for Using Court-ordered Defendants for Forced Labor, by David Reutter
- Private Prison Firms Use Revolving Door Lobbying, Generous Campaign Donations, by Steve Horn
- Colorado Prison Gang Leader Commits Suicide at Wyoming Prison, by Matthew Clarke
- Pennsylvania: Settlement Changes Jail’s Policy for Treatment of Pregnant Prisoners
- New Jersey Jail Scrutinized after Suicides; Guards Charged, Families Sue, by Edward Lyon
- From the Editor, by Paul Wright
- News in Brief
- Prison Food and Commissary Services: A Recipe for Disaster, by David Reutter
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena, Oct. 4, 2020. Civil Procedure, Subpoenas, Fair Trial.
- First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege, Feb. 14, 2019. Civil Procedure, Marriage.
- Magistrate Judge Must Have Jurisdiction Prior to Entering Final Judgment, Nov. 6, 2018. Civil Procedure, Appeals.
- Maryland Court of Appeals Announces Proper Procedure for In Banc Review, Oct. 31, 2018. Civil Procedure, Appeals.
- Prison Excessive Force Cases: A Primer, July 25, 2018. Injury -- Misc., Eighth Amendment, Attorneys, Excessive Force, Guard Brutality/Beatings, Civil Procedure, Eleventh Amendment Immunity, Fourteenth Amendment, rights.
- Denver Under Fire For Law That Critics Describe as Legalized ‘Car Stealing’, July 21, 2018. Civil Procedure, Forfeiture.
- D.C. Woman Awarded $250,000 after Assault by Metro Transit Police, May 6, 2018. Retaliatory Searches, Excessive Force, Civil Procedure, False Claims Act.
- Reason for Missing Deadline Did Not Reach Level of Excusable Neglect, April 23, 2018. Attorney, Civil Procedure, Summary Judgment, Appeals.
- Eleventh Circuit Holds Court May Not Dismiss 2255 Motion by Invoking Collateral Attack Waiver Sua Sponte, April 19, 2018. Guilty Pleas, Civil Procedure.
- Indigent Defense in America: An Affront to Justice, March 16, 2018. Discrimination, Public Defenders, Indigent Defense, Civil Procedure, Defenses, Criminal Procedure.