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Article • May 15, 2004 • from PLN May, 2004
Physical Injury Rule Doesn't Bar Strip Search Suit by Vacating dismissal by the U.S. District Court, Northern District of Illinois, the U.S. Seventh Circuit Court of Appeals held that a prisoner adequately pleaded an Eighth Amendment violation in a prison strip-search and that 42 U.S.C. § 1997e(e) does not bar …
Denial of Grievance Forms Excuses Failure to Exhaust by Denial of Grievance Forms Excuses Failure to Exhaust The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's civil rights suit for failure to state a claim. Pennsylvania prisoner Mark Mitchell was incarcerated …
Article • April 15, 2004 • from PLN April, 2004
Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions by Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions Federal district court Chief Judge Bar-bara B. Crabb, of the Northern District of Wisconsin, has decided that all pro se prisoner plaintiffs filing in this district must file and …
Article • April 15, 2004 • from PLN April, 2004
Prison Mailbox Rule Applies to Civil Rights Complaint by Jon Michael Withrow Prison Mailbox Rule Applies To Civil Rights Complaint by Jon Michael Withrow The U.S. Court of Appeals for the 8th circuit reversed and remanded a district court's dismissal of a prisoner's § 1983 complaint as untimely filed, holding …
Article • April 15, 2004 • from PLN April, 2004
Brief Statement of Operative Facts Satisfies Texas Pleading Requirement by by Matthew T. Clarke A Texas state court of appeals has held that a brief statement of operative facts of prior lawsuits satisfies the requirements of Texas Civil Practice and Remedies Code (TCPRC) §§ 14.004 & 14.005. Theron Belton, a …
Article • January 15, 2004 • from PLN January, 2004
Diet of Raw Cabbage and Food Loaf States Eighth Amendment Claim by The U.S. Court of Appeals for the Second Circuit reversed a district court's dismissal of a prisoner's claim that he suffered cruel and unusual punishment when he was placed in solitary confinement and fed a nutritionally inadequate diet. …
Filing • December 10, 2003
PLN v. Hood, et al., CO, Complaint, censorship, 2003
Brief • December 10, 2003
PLN v. Hood, et al., CO, Complaint, censorship, 2003
Article • November 15, 2003 • from PLN November, 2003
First Circuit Reverses 12(b)(6) Dismissal in Jail Rape Case by The United States Court of Appeals for the First Circuit reversed a district court's Rule 12(b)(6) dismissal of a failure to protect action, holding that the complaint sufficiently stated a claim for failure to protect. On August 30, 1999, Jesus …
Article • October 15, 2003 • from PLN October, 2003
Seventh Circuit Reverses BOP's Denial of Death Row Prisoner's Interviews by The Seventh Circuit Court of Appeals has reversed an Indiana Federal District Court's dismissal of a Bureau of Prisons (BOP) prisoner's complaint that he was unconstitutionally denied media interviews. David Paul Hammer is a BOP prisoner in the Federal …
Federal Appeals Courts Address Finality of Dismissals, Grievance Contents by In two, separate, unrelated cases, the Third and Seventh U.S. Circuit Courts of Appeals have addressed the finality of dismissals without prejudice, the contents of grievances, and various procedural points under the Prison Litigation Reform Act (PLRA) and prisoner suits …
PLRA Physical Injury Rule Not Applicable in Non-Prison State Cases by The Eleventh U.S. Circuit Court of Appeals has vacated and remanded part of an Alabama Federal District Court's dismissal of a federal prisoner's suit against tobacco companies. The Court held that prisoner suits unrelated to prison conditions that are …
Article • October 15, 2003 • from PLN October, 2003
PLRA Does Not Apply to Challenges to Civil Commitment by by Matthew T. Clarke The Eleventh Circuit Court of Appeals has held that the PLRA does not apply to challenges to conditions of confinement by persons detained under the Florida sexually violent predator program. Bryant S. Troville, a Florida civil …
Informal Grievance Procedure Must Be Exhausted Before Filing Suit by The U.S. Court of Appeals for the Third Circuit reversed a district court's denial of summary judgment for prison officials after ruling that prisoners were required to exhaust their administrative remedies before bringing a 42 U.S.C. § 1983 action even …
News in Brief by California: On May 2, 2003, Gary Culverson, 25, and Van Kopp, 37, were arrested on charges that they assaulted Casey Humphrey, 18, a prisoner at the Monroe Detention Center in Yolo County. Culverson and Kopp were employed as guards at the jail's intake area but the …
The PLRA Does Not Change Leave to Amend Rule by Bob Williams The PLRA Does Not Change Leave To Amend Rule by Bob Williams The Third Circuit Court of Appeals has held that the Prison Litigation Reform Act (PLRA) does not mandate dismissal of an indigent litigant's deficient complaint without …
Overt Act Unnecessary to Allege Conspiracy Claim in 7th Circuit by The United States Court of Appeals for the Seventh Circuit held that it is not necessary to allege an overt act to state a conspiracy claim. The court also held that dismissal of a prisoner's retaliation claim for failure …
Veterans' Disability Check Unlawfully Seized to Pay State Restitution Fine by John E Dannenberg by John E. Dannenberg The Third Circuit US Court of Appeals held that a New Jersey statute providing for seizure of a prisoner's federal veterans' disability benefits check to pay a state restitution fine was void …
Mailbox Rule Tolls Statute of Limitations in BOP Medical Suit by The Sixth Circuit Court of Appeals held that, pursuant to the mailbox rule of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379 (1988), a prisoner's medical malpractice action was filed as of the date he delivered it to …
Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense by Bob Williams Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense by Bob Williams The Third Circuit Court of Appeals has found that the PLRA's exhaustion requirement is an affirmative defense to be pled by the Defendant. A district court …
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