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Article • August 1, 2022 • from PLN August, 2022
Filed under: Standing, Suicides
Reinstating Suit by Louisiana Detainee’s Mother Over His Jail Suicide, Fifth Circuit Schools Lower Court in Meaning of “Standing” by Matthew Clarke by Matt Clarke On February 14, 2022, the U.S. Court of Appeals for the Fifth Circuit reinstated the claim of a woman whose son fatally hanged himself in …
Article • October 5, 2014
Indiana Prisoners Lack Property Right in Recreation Fund by Indiana Prisoners Lack Property Right in Recreation Fund   In an opinion handed down on February 9, 2012, the Seventh Circuit Court of Appeals upheld a lower court's determination that Indiana state prisoners had no property interest in a prison's recreation …
Federal Court Limits New York’s Civil Commitment Statute, but Injunction Vacated on Appeal by Derek Gilna A decision by the U.S. District Court for the Southern District of New York severely restricted portions of New York’s Sex Offender Management and Treatment Act (SOMTA). A lawsuit filed by Mental Hygiene Legal …
Article • May 15, 2013
North Carolina Court Dismisses Petition for Judicial Review and Upholds Execution Protocol by North Carolina Department of Corrections' death row prisoners petitioned the Superior Court of North Carolina for judicial review of the Council of State's approval of an execution protocol order under G.S. 15-188 that would be carried out …
Article • April 15, 2013
Supreme Court of Arkansas Weighs Hospital's Private Doctors Against FOIA by The Supreme Court of Arkansas delivered opinion in April 2012 in a Freedom of Information Act (FOIA) action levied by a law firm against three doctors and ancillary institutions involved in a medical malpractice suit. The firm of Harrill …
Brief • March 29, 2011
Filed under: Civil Procedure, Standing
Civil Rules and Standing Rules Committee, Andrea Kuperman, Memorandum, Twombly and Iqbal Cases, 2011 MEMORANDUM DATE: March 29, 2011 TO: Civil Rules Committee Standing Rules Committee FROM: Andrea Kuperman1 SUBJECT: Review of Case Law Applying Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal P REPARED FOR THE C ONSIDERATION …
South Dakota: Prisoner May Enforce Third-Party Kosher Meal Obligation by The South Dakota Supreme Court has ruled that a state prisoner can bring a third-party beneficiary claim to enforce a settlement agreement between the South Dakota Department of Corrections (DOC) and another prisoner. Charles E. Sisney, a DOC prisoner, filed …
Article • January 15, 2010
Defendants Lack Standing To Challenge SORNA Under Tenth Amendment by On May 13, 2009, the U.S. Court of Appeals for the Eighth Circuit rejected on grounds of standing a Tenth Amendment and Administrative Procedure Act (APA) challenge to the Sex Offender Registration and Notification Act (SORNA). Scott Hacker pled guilty …
Compensation for Wrongful Texas Conviction Not Barred by Prior Suit, Not Assignable by On June 8, 2007, the Texas Supreme Court held that compensation for wrongful imprisonment under Chapter 103, Texas Civil Practice and Remedies Code (CP&RC), was not barred by a previous lawsuit and settlement. However, such compensation was …
Article • August 15, 2009 • from PLN August, 2009
Illinois Court of Appeals: Prisoner Has Standing to Sue Ameritech for Fraud by On July 1, 2008, an Illinois Court of Appeals held that a prisoner had standing to bring a claim against Ameritech for consumer fraud. Johnnie Flournoy, an Illinois state prisoner at the Joliet Correctional Center, filed suit …
FTCA Claim Fails for Acts Committed Outside Scope of Actor’s Employment by The Eighth Circuit Court of Appeals has affirmed the dismissal of a claim brought under the Federal Tort Claims Act (FTCA), holding the action could not proceed for lack of subject matter jurisdiction because the Bureau of Indian …
Article • January 15, 2009
Nevada DOC Psych Hearings Not Exempt From Suit As Judicial Proceedings by Nevada State pro se prisoner Robert Stockmeier appealed the 2002 dismissal of his action against the Nevada Department of Corrections (NDOC) for statutory procedure violations. A closed hearing led to his parole denial after uncharged accusations were heard …
Article • September 15, 2008 • from PLN September, 2008
California “Restitution Center” Prisoner’s Suit for Underpayment Certified as Class Action by Marvin Mentor A prisoner housed at a “restitution center” who spent two years working in the community sued the California Department of Corrections and Rehabilitation (CDCR) for failure to reimburse her work-related expenses per state statute, or to …
Article • August 15, 2008
Delaware Public Defender Has No Standing Under State FOIA by The Superior Court of Delaware, New Castle, has held that the office of the Public Defender does not have standing to make requests under the Delaware Freedom of Information Act (FOIA). The Public Defender submitted a FOIA request to the …
Article • August 15, 2008
Class Representative’s Settlement Requires Court Scrutiny by At 298-99: Because of the representative nature of class suits and the numerous and sometimes divergent interests that are at stake, the court is charged with protecting the class members who, through their absence, are unable to protect themselves.... In order to carry …
Kansas Sex Offender Treatment Program Violates Fifth Amendment by The plaintiff was required to complete a sex offender treatment program or suffer impaired ability to earn good time, transfer to maximum custody, and loss of privileges for the review period, which "mirror the consequences imposed for serious disciplinary infractions." The …
Firing of Abusive Texas Prison Guards Upheld by The plaintiff correctional officers were fired for misconduct in connection with a use of force. After acquittal in their criminal trials, the prison system refused to restore their jobs. They claimed that the prison system had suppressed exculpatory evidence. Their claims are …
Claim Exhausted When Prison Rules in Favor of Prisoner by The plaintiff complained of improper discipline and retaliatory reclassification and transfer At 506: "The violation of a constitutionally protected right is a sufficient injury for purposes of standing." The defendants had argued that the plaintiff lacked standing because he didn't …
PLN Loses Final Round in FDOC Writer Pay Ban / Censorship Suit by The Eleventh Circuit Court of Appeals has upheld a Florida district court’s grant of judgment to the Florida Department of Corrections (FDOC) in a lawsuit filed by PLN challenging the FDOC’s writer pay ban and policy of …
Article • August 15, 2008
Prison Doctor Lacks Standing to Challenge BOP Policy Denying Medical Care by The plaintiff complained of his treatment for a hernia and his prison doctor complained he was fired pursuant to a policy of providing inadequate care and in violation of his First Amendment rights. Prisoners seeking damages must exhaust …
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