By Mark Wilson
The Utah Supreme Court found that a prisoner sufficiently alleged an “unnecessary rigor” claim under the State Constitution for injuries sustained in a transport van accident. Yet, the Court suggested that dismissal may be proper for other reasons.
In December 2000, Kelvin Dexter was a prisoner at ...
By Mark Wilson
The Seventh Circuit Court of Appeals held that a prisoner is not entitled to a jury trial to resolve factual disputes about his exhaustion of administrative remedies.
Indiana prisoner Christopher Pavey sued several guards in federal court, alleging that they subjected him to excessive force when they ...
By Mark Wilson
In three consolidated cases, the Third Circuit Court of Appeals held that voluntary dismissal of appeals does not result in refunds of the Appellants’ $455 filing fees. The court also held that it has no authority to relieve prisoners from paying outstanding portions of fees under 28 ...
Second Circuit Explains §1915 Strikes and Imminent Danger
By Mark Wilson
The Second Circuit Court of Appeals held that a lower court abused its discretion in denying a pro se prisoner leave to amend his complaint to allege an imminent danger of serious physical injury.
On August 10, 2006, New ...
Fourth Circuit Reverses §1915A Dismissal of Failure to Protect Suit
By Mark Wilson
The Fourth Circuit Court of Appeals held that a lower court erred in dismissing a North Carolina prisoner’s failure to protect suit for failing to state a claim.
North Carolina prison officials knew that prisoner Samuel Brown ...
By Mark Wilson
The Seventh Circuit Court of Appeals held that Illinois prison officials violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) when they denied a prisoner a non-meat diet.
Illinois prisoner Gregory Koger changed his religious affiliation from Baptist to Buddhist in 1999. He stopped eating meat ...
By Mark Wilson
The Washington state Supreme Court held that due process protections attach to conditional commutation decisions and the liberty interest at stake “is indistinguishable from the interest in parole and probation.”
In 1997, Jayson Bush was convicted of assault and sentenced to 279 months in prison. On May ...
By Mark Wilson
The Nevada Supreme Court held “that under both its inherent and express powers, a justice court is authorized to” appoint interpreters in small claims cases.
In 2004, Hermes Caballero was transported from an Arizona prison to Ely State Prison in Nevada. He was told his personal property ...
By Mark Wilson
The Washington State Court Appeals held that the legislature did not remove the trial courts’ jurisdiction to punish community custody violations when it granted the Department of Corrections (DOC) to also punish those violations.
Karen Gamble was sentenced to 61 days in jail and 24 months of ...
The Second Circuit Court of Appeals reversed a district court’s dismissal of a parolee’s wrongful imprisonment claims, holding that the defendant, New York City, was not entitled to summary judgment.
On December 13, 2001, Keith McDay was arrested in New York on criminal charges and a parole violation warrant. The ...
