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Expert Testimony Required in Alaska Medical Suits
Article • November 15, 2003 • from PLN November, 2003
Filed under: Injury -- Misc., Civil Procedure, Summary Judgment, Expert Witnesses
Expert Testimony Required in Alaska Medical Suits by The Alaska Supreme Court held that pro se litigants are not entitled to judicial advice as to the ramifications of every decision made during the course of litigation. That court affirmed the trial court's summary dismissal of the pro se plaintiff's medical …
Unauthenticated Evidence Does Not Support Summary Judgment
Article • November 15, 2003 • from PLN November, 2003
Filed under: Retaliation for Litigating, Civil Procedure, Summary Judgment, Parties, Evidentiary Ruling, Prisoner Property, Qualified Immunity
Unauthenticated Evidence Does Not Support Summary Judgment by by Matthew T. Clarke A Texas state court of appeals held that the trial court's granting of TDCJ's motion for summary judgment was error because photocopies of prison rules attached to the motion were not authenticated. Richard Allen Kleven, II, a Texas …
Mediation Costs Not Taxable in §1983 Suit
Article • September 15, 2003 • from PLN September, 2003
Filed under: Summary Judgment, Costs, Mediation, Sentencing, Wrongful Imprisonment, Qualified Immunity
Mediation Costs Not Taxable in §1983 Suit by Mediation Costs Not Taxable in §1983 Suit The U.S. Eighth Circuit Court of Appeals held that state officials named as defendants in a prisoner's civil rights suit could not be taxed costs for mediation. The decision reverses the U.S. District Court for …
Expert Witness Standard in RLUIPA Gang Case
Article • September 15, 2003 • from PLN September, 2003
Filed under: Conditions of Confinement, Failure to Protect (General), Summary Judgment, Discovery
Expert Witness Standard in RLUIPA Gang Case by The United States District Court for the Southern District of New York has denied in part and granted in part summary judgment to New York's Department of Correctional Services (DOCS), in a case involving the beliefs, practices, and literature of the Nations …
Ninth Circuit Reexamines Standards for Qualified Immunity at Summary Judgment Stage in California Shooting Case
Article • May 15, 2003 • from PLN May, 2003
Filed under: Racial Discrimination, Prison Rebellion, Excessive Force, Shootings, Summary Judgment, Appeals, Qualified Immunity, Supervisory Liability
Ninth Circuit Reexamines Standards for Qualified Immunity at Summary Judgment Stage in California Shooting Case by John E Dannenberg by John E. Dannenberg Amending its earlier decision at 240 F.3d 845 [PLN, June `01], the US Court of Appeals for the Ninth Circuit clarified the evaluation of qualified immunity claims …
ADA Liability Extends to New Jersey County Jail and Vicinage
Article • May 15, 2003 • from PLN May, 2003
Filed under: Civil Procedure, Summary Judgment
ADA Liability Extends to New Jersey County Jail and Vicinage by The U.S. Third Circuit Court of Appeals, reversing a New Jersey District Court, has held that the Americans with Disabilities Act (ADA) extends to a county jail and to a New Jersey Vicinage that was not, at the time …
Release of Medical Liability May Establish Deliberate Indifference
Article • March 15, 2003 • from PLN March, 2003
Filed under: Medical, Injury -- Misc., Hernias, Consent to Treatment, Summary Judgment
Release of Medical Liability May Establish Deliberate Indifference by The Eighth Circuit Court of Appeals has held that a consent to surgery releasing liability may establish deliberate indifference to medical care. In 1996, David Wayne Vanderbeck (Beck), a Minnesota state prisoner, began suffering numbness and cramping caused by a bullet …
Court Must Notice Pro Se Prisoner of Resonse Rights Before Granting Summary Judgment
Article • March 15, 2003 • from PLN March, 2003
Filed under: Civil Procedure, Summary Judgment
Court Must Notice Pro Se Prisoner of Resonse Rights Before Granting Summary Judgment by by John E. Dannenberg The Ninth Circuit US Court of Appeals reversed a district court's grant of defendant's motion for summary judgment because the district judge failed to give fair notice to the pro se prisoner …
Conclusory Allegations held Not "Some Evidence" in Prisoner Retaliation Claim
Article • February 15, 2003 • from PLN February, 2003
Filed under: Retaliation for Filing Grievances, Disciplinary Hearings, Retaliatory Discipline, Evidentiary Ruling (Disciplinary Hearings), Polygraphs, Summary Judgment, Ad-Seg Hearings
Conclusory Allegations held Not "Some Evidence" in Prisoner Retaliation Claim by Conclusory Allegations Held Not "Some Evidence" in Prisoner Retaliation Claim The Eighth Circuit Court of Appeals has held that conclusory statements referencing investigative reports not in the record cannot be used by prison officials as "some evidence" to show …
New York Prisoner's Denial of Exercise Claim Set for Trial
Article • November 15, 2002 • from PLN November, 2002
Filed under: Retaliation for Filing Grievances, Witnesses (Disciplinary Hearings), Exercise, Restraints, Summary Judgment, Qualified Immunity, Supervisory Liability, Control Units/SHU/Solitary Confinement
New York Prisoner's Denial of Exercise Claim Set for Trial by The United States District Court for the Southern District of New York has denied summary judgment in part to high-ranking officials of the New York Department of Correctional Services (DOGS) and to a prisoner plaintiff and has set for …
Summary Judgment Denied in Colorado Hepatitis-C Treatment Suit Based on Lack of Internet Access
Article • October 15, 2002 • from PLN October, 2002
Filed under: Civil Procedure, Summary Judgment
Summary Judgment Denied in Colorado Hepatitis-C Treatment Suit Based on Lack of Internet Access by Bob Williams The Colorado Federal District Court has denied summary judgment for the Colorado Department of Corrections (CDOC) in a suit seeking treatment for a prisoner infected with the hepatitisC virus (HCV). Several prisoner cases …
Florida Guard's Threat of Death Requires Summary Judgment Denial
Article • September 15, 2002 • from PLN September, 2002
Filed under: Threats by Staff, Retaliation, Retaliation for Litigating, Summary Judgment
Florida Guard's Threat of Death Requires Summary Judgment Denial by A federal district court in Florida has denied summary judgment to a guard that threatened violence against a prisoner who filed a lawsuit against the guard's brother. While confined at Florida's Liberty Correctional Institution, prisoners Joseph Wilson and David Croft …
No Jurisdiction for Appeal When Qualified Immunity Not Denied
Article • July 15, 2002 • from PLN July, 2002
Filed under: Conditions of Confinement, Failure to Protect (General), Summary Judgment, Appeals, Qualified Immunity
No Jurisdiction for Appeal When Qualified Immunity Not Denied by by Matthew T. Clarke The Court of Appeals for the Eighth Circuit has ruled that it has no jurisdiction to hear an interlocutory appeal of a partial denial of a motion for summary judgment when the district court did not …
Wisconsin Ban on Sexually Explicit Materials Unconstitutional
Article • May 15, 2002 • from PLN May, 2002
Filed under: Prosecutor/Attorney General Misconduct, Civil Procedure, Summary Judgment, Settlements, Class Notice, Sexually Explicit Materials, Tapes/Music (Mail)
Wisconsin Ban on Sexually Explicit Materials Unconstitutional by Bob Williams The Federal District Court for the Western District of Wisconsin has denied a motion for summary judgment finding the Wisconsin Department of Corrections' (WDOC) ban on sexually explicit materials violated prisoners' First Amendment freedom of speech and Fourteenth Amendment due …
Malicious Use of Force Violates Eighth Amendment
Article • October 15, 2001 • from PLN October, 2001
Filed under: Guard Brutality/Beatings, Restraints, Summary Judgment, Telephones, Attorney Calls
Malicious Use of Force Violates Eighth Amendment by John E Dannenberg The Third Circuit held that in claims alleging the malicious use of force by prison guards the wantonness of the attack, rather than the degree of injury suffered, is the dispositive issue for courts reviewing such claims on summary …
New York District Court Reversed for Failure to State Legal Reasoning
Article • August 15, 2001 • from PLN August, 2001
Filed under: Civil Procedure, Summary Judgment, Appeals
New York District Court Reversed for Failure to State Legal Reasoning by New York District Court Reversed For Failure To State Legal Reasoning The Second Circuit Court Of Appeals reversed a district court's dismissal of a pro se prisoner civil rights action. The Second Circuit found that the District Court …
Prisoner Defendants Entitled to Notice of Summary Judgment Requirements
Article • June 15, 2001 • from PLN June, 2001
Filed under: Civil Procedure, Summary Judgment
Prisoner Defendants Entitled to Notice of Summary Judgment Requirements by The court of appeals for the Ninth circuit held that pro se prisoner litigants who are being sued are entitled to notice from the court on the requirements of summary judgment to ensure the prisoner adequately responds to the moving …
Summary Judgment Reversed on Diabetes Claim
Article • February 15, 2001 • from PLN February, 2001
Filed under: Medical, Medication, Diabetes, Food, Summary Judgment
Summary Judgment Reversed on Diabetes Claim by The Court of Appeals for the Eighth Circuit reversed a lower court's grant of a summary judgment in favor of a doctor and a deputy sheriff on a pre-trial detainee's §1983 claim that they were deliberately indifferent to his serious medical needs. Floyd …
Wyoming Prisoners Win Summary Judgment for Increased Security
Article • May 15, 2000 • from PLN May, 2000
Filed under: Conditions of Confinement, Failure to Protect (General), Injunctions (PLRA), Summary Judgment, Class Certification, Supervisory Liability
Wyoming Prisoners Win Summary Judgment for Increased Security by John E Dannenberg by John E. Dannenberg The class of all Wyoming state pris-oners won injunctive relief forcing prison officials to protect them from unprovoked assault, bodily injury and death at the hands of other prisoners, now, and in the future. …
Notice of Summary Judgment Requirements Mandatory
Article • February 15, 2000 • from PLN February, 2000
Filed under: Classification, Furloughs, Summary Judgment
Notice of Summary Judgment Requirements Mandatory by The U.S. court of appeals for the Second Circuit held that it is inappropriate to enter summary judgment against a pro se litigant if there is no indication that the litigant understands the requirements for summary judgment. In 1995, Stanley McPherson was a …
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