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Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment
Article • February 15, 2005 • from PLN February, 2005
Filed under: Injury -- Misc., Conditions of Confinement, Failure to Protect (General), Summary Judgment, Appeals, Qualified Immunity, Supervisory Liability
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 …
Misidentification Requires Washington Jail Officials Take Reasonable Steps to Confirm Identity
Article • January 15, 2005 • from PLN January, 2005
Filed under: Summary Judgment, Sentencing, Wrongful Imprisonment, Municipal Liability
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 …
Prisoner Stated Deliberate Indifference Claim, But Summary Judgment Denial Reversed
Article • January 15, 2005 • from PLN January, 2005
Filed under: Civil Procedure, Summary Judgment, Complaints, Appeals, Discovery, Qualified Immunity
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?
Article • June 15, 2004 • from PLN June, 2004
Filed under: Summary Judgment, Complaints, RLUIPA, Religious Freedom, Denial of Religious Services
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
Article • June 15, 2004 • from PLN June, 2004
Filed under: Prisoner-Prisoner Assault, Summary Judgment, Limitations, Expert Witnesses, Mental Health
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 …
Local Rule Cannot Justify Summary Judgment When Factual Dispute Exists
Article • May 15, 2004 • from PLN May, 2004
Filed under: Civil Procedure, Summary Judgment
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
Article • November 15, 2003 • from PLN November, 2003
Filed under: Pain, Skeletal Injury, Attorneys, Malpractice (Attorneys), Summary Judgment, State Law Claims, Expert Witnesses
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 …
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 …
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