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Article • May 15, 2007
Segregation Excuses Failure to File Amended Complaint by The district court directed the plaintiff to file an amended complaint containing only exhausted claims, then dismissed when he did not do so by the deadline. The court should have accepted his excuse for not filing an amended complaint (he was put …
Article • May 15, 2007
Prisoner Suit Filed When Mailed to Court by Prisoner Suit Filed When Mailed to Court The plaintiff's suit was filed, tolling the limitations period, when his mailed complaint was received by the district court, even though it was returned to him for a failure to comply with local rules (i.e., …
Prisoner Can Block Repayment of Social Security Payments in Court by The plaintiff was imprisoned and the Social Security Administration notified him that it was stopping his retirement benefits and seeking $9,577 in overpayments received before they figured out he was locked up. SSA refused to waive the overpayment under …
Article • April 15, 2007 • from PLN April, 2007
Two Victories in New York’s Struggle Against Unjust Telephone Contract by Rachel Meeropol Two Victories in New York's Struggle Against Unjust Telephone Contract by Annette Dickerson, Rachel Meeropol, and Lauren Melodia Families of those incarcerated by New York State finally won some justice this winter in their fight against a …
Article • February 15, 2007 • from PLN February, 2007
Sixth Circuit Extends Abela Ruling to Parole Denial Habeas Petitions by The Sixth Circuit Court of Appeals has held that the 90-day period to apply for certiorari review to the U.S. Supreme Court tolls the one-year statute of limitations for habeas corpus actions challenging parole denial. In so holding, the …
Tenth Circuit Reinstates Colorado Ad Seg Conditions Claims by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed a Colorado state prisoner?s administrative segregation (Ad Seg) conditions of confinement claims which were dismissed as frivolous by the United States District Court for the District of …
Seventh Circuit Rejects Total Exhaustion Rule for § 1983 Complaints by Bob Williams Seventh Circuit Rejects Total Exhaustion Rule for § 1983 Complaints by Bob Williams The United States Court of Appeals for the Seventh Circuit vacated the dismissal of a prisoners amended complaint, finding prior exhaustion putting the state …
Article • October 15, 2006 • from PLN October, 2006
Habeas Hints by Kent A. Russell by Kent Russell This column is intended to provide habeas hints to prisoners who are considering or handling habeas corpus petitions as their own attorneys (in pro per). The focus of the column is habeas corpus practice under AEDPA, the 1996 habeas corpus law …
Article • August 15, 2006 • from PLN August, 2006
Tolling Provision Appeals to NY Personal Injury Action by The New York Court Of Appeals held that the year-and-90-day period contained in General Municipal Law § 50-; is a statute of limitations (to which the tolling provision of CPLR § 205[a] applies) rather than a condition precedent to suit. On …
Legal Research Prohibition Upon Contract Attorney Denies Adequate Court Access by David Reutter by David M. Reutter An Iowa federal district court has held that the legal assistance program at Iowas Anamosa State Penitentiary (ASP) was an unconstitutional impediment to a prisoners access to the court because it did not …
Seventh Circuit Reverses Jail Lockdown Dismissal; Day After Christmas = Legal Holiday by The Seventh Circuit Court of Appeals reversed a district courts dismissal of a conditions of confinement suit for failure to state a claim. Female pretrial detainees of the Cook County Jail in Chicago, Illinois, sued the jail …
Article • April 15, 2006 • from PLN April, 2006
Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary by Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary The Eighth Circuit Court of Appeals held that it previously erred in applying a three-year statute of …
Florida Prisoner's Disciplinary Challenges Reversed for Further Proceedings by Two separate Florida District Court of Appeals decisions have reversed the dismissal of two prisoners' civil actions that challenged disciplinary reports. Prisoner Craig A. Savery was disciplined for possession of narcotics. Savery's initial appeal to Tomoka Correctional Institution's Warden was denied. …
Article • December 15, 2005 • from PLN December, 2005
Michigan Jail Settles Unreasonable Use of Force Case for $130,000 by Amanda Hickman On March 1, 2005, the Wayne County jail in Detroit, Michigan settled an excessive use of force case for $130,00. Plaintiff, Victor Walker, alleged that on October 12, 2000, while being held in the Wayne County Jail …
California Tort Claim Dismissed For Failure to Fully by California Tort Claim Dismissed For Failure to Fully Exhaust Administrative Remedies by John E. Dannenberg The California Court of Appeal held that a prisoner's tort claim must be dismissed without prejudice for failure to fully exhaust administrative remedies even though the …
Article • November 15, 2005 • from PLN November, 2005
PLRA Limits Prisoner's Attorney Fees Incurred Defending by PLRA Limits Prisoner's Attorney Fees Incurred Defending Appeal of Successful § 1983 Suit by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals held that after a prisoner wins a 42 U.S.C. § 1983 lawsuit for damages, the Prison Litigation Reform …
Article • October 15, 2005 • from PLN October, 2005
Oklahoma Civil Action Timely by Under Mailbox Rule The Oklahoma Court of Appeals held that the prison mailbox rule applies to prisoner filings of civil actions. It also held that the trial court violated District Court rule 13(f) when it ruled on a summary judgment motion without giving the prisoner …
Sexual Predator Civil Commitment Detainee May Not Be Housed In Punitive Segregation by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a California sexual predator civil commitment detainee, while awaiting commitment proceedings, is entitled to conditions of confinement that are not punitive. Oscar Jones was …
Article • October 15, 2005
Court Allows Amendment, Adding New Defendants to Brutality Suit by The plaintiff sued over excessive force and now seeks to amend to add new defendants after the statute of limitations had run. Claims against new defendants relate back for limitations purposes only if they were not named because of a …
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