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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 …
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More from this issue:
- FCC Slashes Prison and Jail Phone Rates, Caps Video Call Cost, Eliminates “Site Commission” Kickbacks
- From the Editor
- Three BOP Prisoners Sentenced for Murder of “Whitey” Bulger at West Virginia Lockup
- Missouri Prisoner Executed After Making—and Losing—New Plea Deal
- 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
- Three Former Rikers Island Guards Among Five Ex-Employees Charged in Massive Smuggling Scheme
- DOJ Opens Investigation Into Sex Abuse at Two California Women’s Prisons
- Advanced Correctional Healthcare Ends Two Suits Over Deaths at Ohio Jail
- Crucial Surveillance Video Missing in Nevada Prisoner’s Homicide Caused by Guards
- 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
- South Carolina Prison Guard Supervisor Charged With Taking Over $219,000 in Bribes to Smuggle Cellphones
- North Carolina Expands Supervision for Mentally Ill Probationers, by Anthony Accurso
- Alaska Supreme Court: DOC Can’t Unilaterally Redefine ‘Parole Release Date’, by Douglas Ankney
- New TV Show Dramatizes Prisoner’s Re-entry
- 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
- $7.25 Million Paid for Psychotic Detainee’s Suicide After 20 Days in Solitary at Indiana Jail
- Federal Prisoner Will Appear on Alaska Congressional Ballot
- 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
- Colorado Prisoner Forces Correctional Health Partners to Treat His Colon Disease, by Douglas Ankney
- Florida Court of Appeals Reinstates Voter Fraud Charges Against Ex-Felons
- 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:
- 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
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- 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.
- First Circuit Clarifies Mitigating Role Analysis – Sentencing Courts Must Consider All Identifiable Participants in Drug Shipment, Not Just Crew Members, and Use § 3B1.2 Factors to Assess Relative Culpability, Not Guilt, Dec. 15, 2025. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Miscalculation of the Guidelines Sentencing Range.
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, Dec. 15, 2025. Attorney Misconduct, Legal Materials, Law Library Access/Adequacy, Limitations, AEDPA.
- Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct, Nov. 15, 2025. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Prior Conviction/Sentence/Incarceration, Adequacy of Criminal History Category, Statutory Construction/Interpretation.
- Sixth Circuit Clarifies What Constitutes PLRA “Strike” and Reinstates Michigan Prisoner’s Lawsuit, Nov. 1, 2025. Filing Fees (PLRA), Frivolous Litigation, Sovereign Immunity, Access To Courts.
- Indiana Supreme Court Announces Whether Defendant’s Actions Were “Objectively Reasonable” Justifying Self-Defense Can Be Considered in Hindsight, Sept. 15, 2025. U.S. Sentencing Guidelines, Criminal Procedure, Appealable Issues/Orders.
- Alabama DOC Attorneys Reprimanded for Filing AI-Written Briefs in Prisoner’s Suit, Aug. 1, 2025. Failure to Protect (General), Attorney Misconduct.

