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Article • May 15, 2007
Ninth Circuit's One-Interlocutory-Appeal Rule Overturned by The U.S. Supreme Court held that denial of summary judgment based on qualified immunity was an appealable "final decision" despite a prior appeal on the same grounds. Respondent, Robert J. Pelletier, brought an action under Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. …
Prisoner's Second Complaint Frivolous, Appeal Not, on Claim Preclusion by Affirming an Illinois federal district court on other grounds, the U.S. Seventh Circuit Court of Appeals held that a prisoner's second complaint under 42 U.S.C. § 1983 against prison officials for violating his Eighth Amendment rights was barred by claim …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed a special assessment levied by the trial court. …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed …
Article • May 15, 2007
School Case Mooted During Appeal by The court recites the "capable of repetition, yet evading review" doctrine and finds mootness. When a case becomes moot on appeal, the court considers the equities of the case in determining whether the decision below should be vacated. A party who sought review should …
Article • May 15, 2007
Moving Case off Active Docket Not a Dismissal by The parties advised the court that the case would be settled, and hearing nothing to the contrary seven weeks later, it ordered the case "closed." However, the case really wasn't settled. When the parties reported that fact, the court declared that …
Article • May 15, 2007
Late Notice of Appeal Allowed when Prison Officials Don't Provide Paper by Late Notice of Appeal Allowed When Prison Officials Don't Provide Paper A federal district court in New York held that a notice of appeal rejected by the court clerk because it was typed on the wrong size paper …
Article • May 15, 2007
Denial of Motion to Dismiss Not Appealable by The United States Court of Appeals for the Seventh Circuit held that the denial of a motion to dismiss for failure to exhaust administrative remedies under the Prison Litigation Reform Act (PLRA) is an interlocutory order that is not subject to appeal. …
Article • May 15, 2007
Tenth Circuit Holds COA Required on All State Habeas Appeals by The Tenth District Court of Appeals has denied a certificate of appealability (COA) to, and dismissed the appeal of the habeas corpus petition of a Wyoming state prisoner housed in a private Colorado prison. In so ruling, the appeals …
Article • May 15, 2007
Fifth Circuit Refuses to Hear Appeal of Attorneys' Fees Order by The Fifth Circuit court of appeals held that the defendants in a class-action suit by Texas prisoners could not maintain an interlocutory appeal of the district court's award of attorneys' fees for obtaining and enforcing orders issued by the …
Article • May 15, 2007
BOP Visit Rules Do Not Create Liberty Interest; Spouse May Sign Documents on Behalf of a Spouse by BOP Visit Rules Do Not Create Liberty Interest; Spouse May Sign Documents on Behalf of a Spouse The Eleventh Circuit Court of Appeals has held that the Federal Bureau of Prisons (BOP) …
Article • May 15, 2007
Religious Name Changes Required To Follow State Procedure by The U.S. Court of Appeals for the Seventh Circuit held that a prisoner could be required to follow state name-change procedures in order to have the name change recognized by prison authorities; declaratory relief not included in the judgment itself was …
Article • May 15, 2007
Fifth Circuit Denies Rehearing in Pugh v. Locke/Newman v. Alabama by The court of appeals for the Fifth Circuit denied en banc review of a class-action suit Alabama prisoners that challenged the conditions of confinement in Alabama state prisons. The ruling on the merits declaring the conditions unconstitutional and consolidated …
Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights by Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights The California Court of Appeal held that a sexually violent predator (SVP) who appealed his biennial civil recommitment to Atascadero State Hospital (ASH) was not …
Indigents Cannot be Denied Post-Conviction Transcripts or Appeals by The United States Supreme Court held that a state may not deny post-conviction appellate review to a prisoner, who could not afford the to acquire a transcript of the proceedings. Oddly, this case stems from the 1945 Indiana enactment of the …
Article • May 15, 2007
California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity by John E Dannenberg California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity By John E. Dannenberg The Third District California Court of Appeal held that the "mailbox rule" [prisoner legal mail delivered to prison authorities for mailing to …
Article • May 15, 2007
No Reconsideration of Summary Dismissal by The court granted summary judgment against the plaintiff with respect to his medical care for Tailor's bunions, tinnitus, allergies, etc. 155 F.Supp.2d 77. Now it denies his Rule 59(e) motion for reconsideration on the ground that it just restates his earlier arguments or relies …
Article • May 15, 2007
BOP Work Release Appeal Dismissed When Defendant Still on Bail by The plaintiff challenged the refusal to place him in a community corrections center, rather than jail, pursuant to the Department of Justice's newly announced policy limiting such placements. He could seek habeas relief, since he was in custody by …
Article • May 15, 2007
Immediate Appeal Allowed of Class Certification Ruling by The appeals court granted defendants' request for discretionary appellate review of class certification under Rule 23(f), Fed.R.Civ.P., for two reasons. The class certification turned a $200,000 dispute into a $200 million dispute, which might induce a substantial settlement even if the claim …
Article • May 15, 2007
Prisoners Can't Represent Each Other in Court by The court of appeals for the Fifth circuit held that a Texas prisoner could not be represented on appeal by a fellow prisoner and co-plaintiff who was not licensed to practice law. To be valid, the notice of appeal had to be …
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