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Article • May 15, 2007
Dismissal for Failure to Exhaust Remedies Vacated by The U.S. Court of Appeals, Third Circuit, vacated and remanded a district court dismissal, under 42 U.S.C. §1997e(a), of a Pennsylvania state prisoner's 42 U.S.C. §1983 suit. Larry L. Greer sued Pennsylvania prison officials under 42 U.S.C. §1983 claiming violations of his …
CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators by CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators Floyd Serna was a prisoner at the Colorado Territorial Correctional Facility when Warden Juanita Novak initiated a prison wide …
Article • May 15, 2007
Door Slamming Suit Dismissed by The Indiana plaintiff complained that an guard slammed a food service slot on his hand. The guard said the plaintiff tried to throw trash through the opening, that he didn't know the plaintiff's hand was in the opening, and it was an accident. The defendant …
Article • May 15, 2007
No Dismissal of Visiting Denial Suit by Gang Founder by The plaintiff, claimed to be a founder of the Bloods, alleged that he was denied contact visits in the New York City jails even after he grieved the issue and won it. Defendants moved for judgment on the pleadings. The …
Assault Victims Statements Must Be Evaluated at Disciplinary Hearing by The plaintiff was convicted of assaulting another prisoner who wrote an initial statement that the plaintiff did it but then refused to testify. There was no evidence of guilt that did not derive from the victim's statement. The plaintiff's disciplinary …
Brief • March 29, 2007
Filed under: Summary Judgment, Discovery
Centinela v. Bacardi & Co, DDC, Opinion , Granting Summary Judgement Case 1:04-cv-02201-RCL Document 30 Filed 03/29/07 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) Plaintiff, ) ) v. ) ) BACARDI & COMPANY LIMITED, ) ) Defendant. ) ) ____________________________________) TEQUILA …
Article • September 15, 2006 • from PLN September, 2006
Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights by John E Dannenberg Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights by John E. Dannenberg The U.S. Supreme Court held that the Pennsylvania Department of Corrections (PDOC) policy of banning its …
Dismissal of Bivens Action for Non-Exhaustion Reversed by The Seventh Circuit Court of Appeals vacated a lower courts grant of summary judgment against a federal prisoner for failing to exhaust administrative remedies. Federal Bureau of Prisons (BOP) prisoner Curtis Dale was stabbed seven times by other prisoners on the recreation …
Article • December 15, 2005 • from PLN December, 2005
Court May Infer Deliberate Indifference from Obviousness of Risk by The Seventh Circuit Court of Appeals vacated a district court's grant of summary judgment to prison officials in a prisoner's claim that officials were deliberately indifferent to his safety when they had him strip insulation from a live 480-volt wire …
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 …
Reliance Solely On Guard's Version of Incident Improper by In an unpublished decision, the U.S. Sixth Circuit Court of Appeals reversed the summary judgment dismissal of a prisoner's civil rights action against Michigan prison guards holding that the district court had erroneously relied on the guards' version of disputed fats. …
Article • June 15, 2005 • from PLN June, 2005
Sixth Circuit Clarifies "Verifying Medical Evidence" Requirement Of Napier by Sixth Circuit Clarifies "Verifying Medical Evidence" Requirement Of Napier The U.S. Sixth Circuit Court of Appeals has held that when a prisoner's medical malady is so obviously serious that even a layman would easily recognize the need for medical attention, …
Ohio Appeals Court Upholds $7,820 Award for 70 Days Unlawful Incarceration by By Robert H. Woodman The Tenth District Court of Appeals of Ohio upheld a $7,820 damages award by the Ohio Court of Claims to Alton M. Stroud, a prisoner of the Ohio Department of Rehabilitation and Correction (DORC). …
Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment by Bob Williams Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment by Bob Williams The Sixth Circuit Court of Appeals has held that guards are not entitled to qualified immunity for failing to segregate …
Article • January 15, 2005 • from PLN January, 2005
Misidentification Requires Washington Jail Officials Take Reasonable Steps to Confirm Identity by The Washington State Supreme Court has held jail personnel have a duty to take steps to promptly release a detainee once they know or should know, based on information provided to them that the person they are holding …
Article • January 15, 2005 • from PLN January, 2005
Prisoner Stated Deliberate Indifference Claim, But Summary Judgment Denial Reversed by Prisoner Stated Deliberate Indifference Claim, but Summary Judgment Denial Reversed In a case with a long, unusual procedural history, the U.S. Sixth Circuit Court of Appeals affirmed a federal district court's denial of prison officials' motion to dismiss for …
Do New York Shiite Prisoners Have a Right to Separate Services? by by Matthew T. Clarke The Second Circuit Court of Appeals has held that a district court improperly dismissed a suit by Shiite Muslim New York state prisoners seeking separate religious services from the Sunni Muslims. Thomas Pugh, Edward …
Plaintiff Entitled to Trial on Question of Whether Mental Illness Warrants Tolling Statute of Limitations by The United States Court of Appeals for the First Circuit recently held that a mentally ill woman presented sufficient evidence to warrant a trial on her claim that mental illness prevented her from filing …
Article • May 15, 2004 • from PLN May, 2004
Local Rule Cannot Justify Summary Judgment When Factual Dispute Exists by David Reutter by David M.Reutter The Ninth Circuit Court of Appeals held the failure to file an opposing pleading, as required by local rule, in response to a motion for summary judgment is not grounds for entry of final …
Texas Prisoner Gets 30-Day Grace Period to File Expert Affidavit by by Matthew T. Clarke A Texas state court of appeals has ruled that a prisoner claiming accident or mistake in failing to file an expert report within 180-days of filing his medical negligence suit is entitled to a 30-day …
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