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Second Circuit Reinstates Prisoner’s Lawsuit Dismissed for Failure to Comply with F.R.C.P.
by Matt Clarke
On February 15, 2019, the Second Circuit Court of Appeals reinstated a prisoner’s pro se lawsuit that had been dismissed for failure to comply with Federal Rules of Civil Procedure 8 and 20. In doing so, it held that such sua sponte dismissals should be …
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More from this issue:
- News In Brief
- President Trump Wants Focus on Hiring Ex-Prisoners, Hosts Them at White House, by Scott Grammer
- California: Court of Appeal Holds Possession of Marijuana in Prison Still a Felony Despite Proposition 64, by Chad Marks
- Illinois Court Rules Indefinite Detention of Sex Offenders Due to Lack of Approved Housing Unconstitutional, by Scott Grammer
- Eighth Circuit Holds Guards Not Liable for Disregarding Prisoner’s Stroke Symptoms, by Matthew Clarke
- Over $980,000 in Damages, Fees Awarded in Deliberate Indifference Case Against Wexford, by Kevin W. Bliss
- $300,000 Settlement in Lawsuit over Minnesota Prisoner’s Suicide, by Matthew Clarke
- Federal Court Approves $3 Million Settlement for Death of Virginia Jail Prisoner Jamycheal Mitchell, by Scott Grammer
- Consumer Watchdog Group Releases Report on Bail and Corrections Industry, by Scott Grammer
- Colorado Prisoner Claims She was “Bait” in Prison Sexual Assault Sting, by Scott Grammer
- $115,000 Settlement after Nebraska Prison Nurses Ignore Prisoner Suffering Heart Attack, by Edward Lyon
- Jailed North Carolina Teenager Commits Suicide; $650,000 Wrongful Death Settlement, by Edward Lyon
- Federal Prison Guard Admits to Sexually Assaulting Prisoners, Sentenced to Two Years, by Edward Lyon
- Washington State Prisoner Properly Denied Visitation with Daughters, by David M. Reutter
- Texas Lawmakers Consider State Jails a “Complete Failure”, by Matthew Clarke
- Seventh Circuit Reinstates Lawsuit Over Illinois Jail’s Denial of Legal Publication Without Notice, by Matthew Clarke
- Third Circuit: Female Jail Guard Loses Discrimination, Wrongful Termination Case, by David M. Reutter
- California Jail Prisoners Claim Sleep Deprivation; Court Issues Injunction, by Kevin W. Bliss
- Study Shows Care for HIV-Positive Prisoners Poor after Release, Worse for Those Re-Incarcerated, by Scott Grammer
- HRDC Prevails in New Mexico Public Records Suit, by Edward Lyon
- Oregon Transitional Leave Violations Require Morrissey Due Process Protections, by Mark Wilson
- Pennsylvania Town Rejects Private Prison Firm, by Edward Lyon
- Prosecutorial Misconduct Records Protected by Colorado Supreme Court and SCOTUS, by Edward Lyon
- New Jersey Women’s Prison Again Under Investigation for Staff Sexual Abuse, by Kevin W. Bliss
- Denver, Colorado Pays $30,000 Settlement Over a $50 Bond Fee, by Edward Lyon
- Supreme Court Again Prevents Texas from Executing Intellectually Disabled Prisoner
- Second Circuit Reinstates Prisoner’s Lawsuit Dismissed for Failure to Comply with F.R.C.P., by Matthew Clarke
- Prisoners Seek Comprehensive Hepatitis C Testing and Treatment, by Kevin W. Bliss
- L.A. Sheriff Claims Jail Reforms Resulted in More Violence; Court Appointed Monitors Disagree, by Matthew Clarke
- $1.6 Million Awarded to California Family After Man Dies in County Jail, by Chad Marks
- Ohio Restaurateur Founds Hot Chicken Takeover, Hires Ex-Cons, by Scott Grammer
- Corizon Settles Lawsuit Over Colorado Jail Prisoner’s Death for $3.7 Million; County Pays Another $200,000, by Matthew Clarke
- Cook County to Pay Over $5 Million for Depriving Prisoners of Dental Care, by Douglas Ankney
- Class Action Challenges Theft of Millions of Digital Music Files from Florida Prisoners, by David M. Reutter
- Lawsuit Against New York Jail, CCS Survives Motion to Dismiss, by Derek Gilna
- Illinois: Settlement in Suit Against Private Prison Medical Contractor is a Disclosable Public Record
- Director of Nonprofit that Locked Up Thousands of Immigrant Children Resigns Amid Federal Investigation, by Douglas Ankney
- Louisiana State Prisoners Routinely Held Past Scheduled Release Dates, by Kevin W. Bliss
- Former Wisconsin Governor Regrets Building Prisons, by Scott Grammer
- Michigan Hit with Multiple Lawsuits Related to Women’s Prison, by Douglas Ankney
- Texas: Prosecutorial Misconduct May Stymie Death Sentence
- New Jersey County Pays $1,975,000 to Settle Suit Over Unlawful Strip Searches, by Douglas Ankney
- California Cops Impersonate Prisoners to Obtain Evidence, Confessions, by Edward Lyon
- $750,000 Settlement After Mentally Ill Prisoner Dies at Virginia Jail, by Edward Lyon
- Gladiator-Style Fight Club at San Francisco Jail Results in $60,000 Settlement, by Chad Marks, Edward Lyon
- Georgia Prisoner Left in Vegetative State; Lawsuit Settles for $1,500,000, by Edward Lyon
- Securus Hacked Again; Passwords, Personal Information, Location Data Compromised, by Matthew Clarke
- People with Traumatic Brain Injuries More Likely to Commit Crimes, by Edward Lyon
- Privately-Run British Prison in Shambles, Ministry of Justice Takes Control, by Scott Grammer
- Prisoner Enters Federal System Able to See, Leaves Nearly Blind; $2.6 Million Settlement, by Edward Lyon
- California: Placer County to Pay up to $1.44 Million to Settle Class Action Suit for Jail Beatings, by Douglas Ankney
- Showtime’s “Escape at Dannemora” Left Out Torture and Abuse, by Katie Rose Quandt
- PLRA Attorney Fee Award Discussed after Oklahoma Jail Prisoner Awarded $35,001, by Derek Gilna
- Seventh Circuit Holds Heck May Not be Circumvented by Waiving Claims Related to Prison Disciplinary Punishment, by Matthew Clarke
- Florida City, County Decide to End Use of Prisoner Slave Labor, by Kevin W. Bliss
- HRDC Files Public Records Suits, Argues GEO Group is a De Facto Public Agency, by Steve Horn
- Ohio County Pays $115,000 to Settle Second Suit Over Restraint Chair Pepper-Spraying, by Matthew Clarke
- Republican-Appointed Federal Judges Sentence Blacks More Harshly, Women More Leniently, by Edward Lyon
- Los Angeles County to Pay Almost $4 Million for Sexual Abuse by Jail Deputy, by Douglas Ankney
- From the Editor, by Paul Wright
- Missouri Sheriff Hires Girlfriend to Run Jail; Both are Arrested, by Scott Grammer
- The Isolation of Being Deaf in Prison, by Jeremy Woody
- PLN Interviews Randy Berg, Director of the Florida Justice Institute, by Paul Wright
More from Matthew Clarke:
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026
- Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, Oct. 1, 2026
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
More from these topics:
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026. Eighth Amendment, Staffing, Injunctions (PLRA), Failure to Treat (Mental Illness), Suicides.
- BOP Prisoner’s Claim Over Denied Medical Care Ruled Impermissible Bivens Extension, Oct. 1, 2026. OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Grievances, Adequacy of Remedy.
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- Federal Jury Returns $763,000 Verdict Against Centurion for Indiana Prisoner’s Denied Kidney Disease Treatment, Oct. 1, 2026. Centurion, Medication, Pain, Failure to Treat, Deliberate Indifference.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- Disabled Prisoners in New York Aren’t Receiving Entitled Accommodations, Oct. 1, 2026. Disabled Prisoners, Retaliation for Filing Grievances, Failure to Treat, Americans with Disabilities Act.
- $250,000 Paid by Nevada to Former Prisoner Denied Colonoscopy Who Developed Stage IV Cancer, Oct. 1, 2026. Systemic Medical Neglect, Cancer, Failure to Treat, Settlements, Deliberate Indifference.
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- Eleventh Circuit Affirms Refusal to Expand Bivens to Claim Alleging Federal Prisoner Died from Denial of Treatment for Hepatitis C, Oct. 1, 2026. Medical, Eighth Amendment, Administrative Exhaustion, Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference.
- “Nothing Short of Disgraceful”: New York Prisoner Wins Injunction Ordering Cancer Treatment Delayed Seven Years, Sept. 1, 2026. Cancer, Failure to Treat, Eighth Amendment, Injunctions, Deliberate Indifference.

