×
You've used up your 3 free articles for this month. Subscribe today.
Third Circuit Finds Relation-Back Rule Misapplied to Philadelphia Prisoner’s “Crappy” Ordeal Lawsuit
Loaded on Oct. 15, 2024
by David Reutter
published in Prison Legal News
October, 2024, page 53
Filed under:
Attorney Misconduct,
Frivolous Litigation,
U.S. Sentencing Guidelines.
Location:
Pennsylvania.
by David M. Reutter
On March 21, 2024, the U.S. Court of Appeals for the Third Circuit vacated summary judgment in favor of a Philadelphia Department of Corrections (DOC) guard, who was accused of leaving a prisoner to languish for hours in a truly “crappy” situation after his …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- FCC Slashes Prison and Jail Phone Rates, Caps Video Call Cost, Eliminates “Site Commission” Kickbacks
- From the Editor
- Missouri Prisoner Executed After Making—and Losing—New Plea Deal
- Three BOP Prisoners Sentenced for Murder of “Whitey” Bulger at West Virginia Lockup
- At Oklahoma Lockup: Deputy Warden Fired and Arrested in Smuggling Scheme, Guards Charged in Prisoner’s Assault
- Alabama Prisoner Disciplined for Lying When Guard Cleared of Sexual Assault Allegation
- DOJ Opens Investigation Into Sex Abuse at Two California Women’s Prisons
- Three Former Rikers Island Guards Among Five Ex-Employees Charged in Massive Smuggling Scheme
- Crucial Surveillance Video Missing in Nevada Prisoner’s Homicide Caused by Guards
- Advanced Correctional Healthcare Ends Two Suits Over Deaths at Ohio Jail
- Texas Holds 1 in 41 Prisoners in Solitary Confinement
- Maine State Prison Warden Replaced As Misconduct Allegations Investigated
- Second Circuit: New York Prisoner’s Religious Discrimination Need Not Show a “Substantial” Burden of Beliefs, by Douglas Ankney
- Missouri Prisoners Losing Reentry Money to “Incarceration Reimbursement”
- Mistrial for Vermont Sheriff Who Kicked Shackled Detainee
- Georgia Guard Gets 15 Years for Using One Prisoner to Assault Another
- $1.8 Million Jury Award for San Diego Jail Overdose Death, by Matthew Clarke
- More Alabama Prisoners Murdered in Overcrowded Lockups
- Paternity Questions Dog Miami Jail Birth
- Federal Watchdog, SCOTUS Fail to Limit Solitary Confinement Abuses, by Douglas Ankney, Anthony Accurso
- America’s Prison Profiteers from Colonial Times Until Now, by Douglas Ankney
- Unequal Before the Law, by Stephanie Woodard
- North Carolina Expands Supervision for Mentally Ill Probationers, by Anthony Accurso
- South Carolina Prison Guard Supervisor Charged With Taking Over $219,000 in Bribes to Smuggle Cellphones
- New TV Show Dramatizes Prisoner’s Re-entry
- Alaska Supreme Court: DOC Can’t Unilaterally Redefine ‘Parole Release Date’, by Douglas Ankney
- Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute
- Mentally Ill Detainee Allegedly “Stomped” In the Head By South Carolina Jailer, by Anthony Accurso
- Watchdog Calls for Hawaii Prisons, Jails to Stop Using Restraint Chairs
- Seventh Circuit Avoids Deciding Whether Wisconsin Statute of Limitations Tolls from Prisoner’s Incident or Grievances, by David Reutter
- Parole Denied for Indigenous Activist Leonard Peltier
- Florida Reentry “Success” Story: Convicted Embezzler Promoted to Oversee Miami-Dade County Contracts
- Ohio Pays $725,000 to Survivors of Two Prisoners Beaten to Death by Lying Guards
- Rural Washington County Shutters Its Jail
- Two Wrongful Tennessee Convictions Result in Payouts Over $1 Million
- Massachusetts Appeals Court Revives Prisoners’ Challenge to DOC Trust Account Policy Change, by Douglas Ankney
- Rural Areas Increasingly Reliant on Imprisoned Emergency Responders
- Houston Detainees Shipped to Private Jails in Mississippi and Louisiana, by Anthony Accurso
- California Bar Accuses L.A. Lawyer of Deceiving Prisoners Seeking Resentencing
- Alabama Warden and Wife Busted for Making “Magic” Mushrooms
- Illinois Pays $3 Million for Subjecting Prisoners to Degrading Mass Strip Search, by Anthony Accurso
- Transgender BOP Prisoner in Arizona Wins $10,243 for Guard’s Negligence
- Former California Jail Guards Plead Guilty to Fatal Beating of Mentally Ill Detainee
- Minnesota’s $100 Million-Per-Year Civil Commitment Program Has No “Discernible Impact” on Sex Crimes
- Federal Prisoner Will Appear on Alaska Congressional Ballot
- $7.25 Million Paid for Psychotic Detainee’s Suicide After 20 Days in Solitary at Indiana Jail
- Iowa Qualified Immunity Law Lets County Off the Hook for Guard’s Sex Abuse of Jail Detainee
- Impoverished Ohio County Gets New Jail Space After Settling Suit for Bloody Detainee Assault
- Indiana Sheriff Pleads Guilty to Corruption, County Pays $328,000 to Jail Detainees for “Night of Terror”, by Douglas Ankney
- Third Circuit Finds Relation-Back Rule Misapplied to Philadelphia Prisoner’s “Crappy” Ordeal Lawsuit, by David Reutter
- Florida Court of Appeals Reinstates Voter Fraud Charges Against Ex-Felons
- Colorado Prisoner Forces Correctional Health Partners to Treat His Colon Disease, by Douglas Ankney
- Ninth Circuit Provides Cover to Oregon Governor for Prioritizing Guards Over Prisoners for COVID-19 Vaccine, by Douglas Ankney
- Suspended South Carolina Sheriff Acquitted of Using Excessive Force on Jail Detainee
- Nailing Down “Top Cop” Kamala Harris on Criminal Justice Reform
- Prisoners Reportedly Locked in Showers in Oklahoma, Florida, by David Reutter
- CDCR Slammed for Reclassifying Staff Misconduct Allegations as Routine Grievances, by Anthony Accurso
- Maryland Extends Contract with YesCare Despite Bankruptcy of Predecessor Corizon Health
- After Positive Drug Test, Kentucky Prisoners Allegedly Forced to Choose Between Tasing or Drinking Urine, by David Reutter
- News in Brief
More from David Reutter:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026
- Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
More from these topics:
- Alabama Lawmaker Holds Up $38 Million in Payments to Department of Corrections Attorney Sanctioned for AI-Written Brief, Sept. 1, 2026. Attorney Misconduct.
- Tenth Circuit Announces Resentencing After Probation Revocation Must Begin with Chapter 7 Range, Holding Chapter 5 Range Should Be Considered When Deciding Whether to Vary, Sept. 1, 2026. U.S. Sentencing Guidelines, Revocation/Modification of Probation, etc., Statement of Reasons, Sentence, Factors To Be Considered.
- Relevant Conduct: How Federal Sentencing Law Punishes More Than the Crime of Conviction, Aug. 1, 2026. U.S. Sentencing Guidelines, Prior Conviction/Sentence/Incarceration, Plain Error, Acquitted Conduct/Uncharged Crimes/Dismissed Counts, Relevant Conduct.
- U.S. Sentencing Commission: 2026 Amendments to the Federal Sentencing Guidelines, June 1, 2026. U.S. Sentencing Guidelines, Alternative Sentencing, Sentence Enhancements/Departures, Multiple/Multiplicious Counts, Drug Quantity.
- First Circuit Vacates Drug Courier’s Sentence, Holding District Court Erred by Failing to Conduct Proper Comparative Culpability Analysis Under § 3B1.2 When It Excluded Other Participants in Drug Shipment From Universe of Comparators, May 1, 2026. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Appellate Jurisdiction/Review, Sentencing Findings, Relevant Conduct.
- Sixth Circuit Announces Federal Coercion and Enticement Statute Requires Knowledge of Victim’s Minor Status, Deepening Circuit Split, May 1, 2026. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Statutory Construction/Interpretation, Sentence, Miscalculation of the Guidelines Sentencing Range.
- Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach, April 1, 2026. U.S. Sentencing Guidelines, Qualifying Offenses, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Child Pornography.
- U.S. Sentencing Commission Report Breaks Down Federal Contraband Sentences, March 1, 2026. Guard Misconduct, Mechanical Searches/Scanners, Statistics/Trends, U.S. Sentencing Guidelines, Bribery/Extortion/Theft.
- Acquitted Conduct Sentencing: Not Guilty – But Punished Anyway, March 1, 2026. U.S. Sentencing Guidelines, Federal Legislation, Fifth Amendment, Sixth Amendment, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- California Appeals Court Rules in Favor of Ripped Off Prisoner, Feb. 1, 2026. Attorney Misconduct, Court Appearances, Trials, Abuse of Discretion Standard, Access To Courts.

