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Fact Issue of Physical Injury Precludes Summary Judgment
Article • September 15, 1999 • from PLN September, 1999
Filed under: Physical Injury Rule, Excessive Force, Guard Brutality/Beatings, Summary Judgment
Fact Issue of Physical Injury Precludes Summary Judgment by Ronald Young The court of appeals for the Fifth circuit held that the material fact issue as to whether prisoner suffered more than de minimis physical injury from alleged excessive force precluded summary judgement in favor of prison officials. Juan Gomez, …
Motive Question Precludes Summary Judgment in Medical Suit
Article • August 15, 1999 • from PLN August, 1999
Filed under: Medical, Injury -- Misc., Summary Judgment, Premises Liability
Motive Question Precludes Summary Judgment in Medical Suit by The U. S. court of appeals for the Eighth Circuit held that the existence of a factual dispute as to whether jail guards and medical staff intended to punish a detainee for requesting medical treatment, precluded summary judgment. While Ronald Davis …
No Interlocutory Appeal on Supervisory Liability When Guard Stabs Prisoner
Article • July 15, 1999 • from PLN July, 1999
Filed under: Guard Misconduct, Failure to Protect (General), Excessive Force, Guard Brutality/Beatings, Summary Judgment, Appeals, Qualified Immunity, Supervisory Liability
No Interlocutory Appeal on Supervisory Liability When Guard Stabs Prisoner by The court of appeals for the Fifth circuit held that it lacked jurisdiction to hear a warden's interlocutory appeal disputing material facts in the case. The court also held that letters from a prisoner alerting supervisory prison officials to …
Failure to Give Summary Judgement Notice is Reversible Error
Article • April 15, 1999 • from PLN April, 1999
Filed under: Medical, HIV/AIDS, Summary Judgment
Failure to Give Summary Judgement Notice is Reversible Error by The court of appeals for the Ninth Circuit, en banc, reaffirmed that pro se prisoner litigants are entitled to fair notice of the requirements of the summary judgment opposition rule. The court also held that the notice requirement may be …
Trial Required in Wisconsin Excessive Force Suit
Article • February 15, 1999 • from PLN February, 1999
Filed under: Cell Searches, Excessive Force, Guard Brutality/Beatings, Summary Judgment, Qualified Immunity
Trial Required in Wisconsin Excessive Force Suit by Afederal district court in Wisconsin held that a trial was required to determine if excessive force was used during a prison cell search. The court held that defendant prison officials had failed to present sufficient evidence to support their motion for summary …
Abuse of Discretion to Dismiss Medical Suit
Article • February 15, 1999 • from PLN February, 1999
Filed under: Work Release, Medication, Seizures, Appointment of Counsel, Civil Procedure, Summary Judgment, Complaints, Parties, Contractor Liability
Abuse of Discretion to Dismiss Medical Suit by The Seventh Circuit court of appeals has held that a district court abused its discretion when, on technical procedural grounds, it refused to grant a prisoner leave to amend his suit adding the full names of defendants and dismissed the suit. Ralphfield …
Samuels v. Mockry Reversed Once Again
Article • February 15, 1999 • from PLN February, 1999
Filed under: Retaliation, Retaliation for Litigating, Prison Labor, Judiciary, Summary Judgment
Samuels v. Mockry Reversed Once Again by The court of appeals for the second circuit held that an issue of fact as to whether prison officials acted with a retaliatory animus when they placed a prisoner in the "Limited Privileges Program" (LPP), precluded summary judgment for the defendants. This is …
Movant Bears Summary Judgment Burden
Article • December 15, 1998 • from PLN December, 1998
Filed under: Retaliation for Litigating, Court Access, Legal Materials, Summary Judgment
Movant Bears Summary Judgment Burden by The court of appeals for the Second Circuit held that the party moving for summary judgment bears the burden of showing it is entitled to judgment and a district court erred in dismissing a prisoner's court access claims. The court also held that the …
No Interlocutory Appeal of Disputed Facts
Article • December 15, 1998 • from PLN December, 1998
Filed under: Threats by Staff, Vermin, Excessive Force, Shootings, Summary Judgment, Appeals, Qualified Immunity
No Interlocutory Appeal of Disputed Facts by The Court of Appeals for the Ninth Circuit held that prison officials may not appeal a district court's denial of their motion for summary judgment based on qualified immunity when the denial is due to disputed issues of material fact. Larry Thomas, a …
Rule 12(b) Dismissal Requires Inability to Prove Claim
Article • December 15, 1998 • from PLN December, 1998
Filed under: Medical, Dental Care, Summary Judgment
Rule 12(b) Dismissal Requires Inability to Prove Claim by The Second Circuit has held that a civil rights claim may only be dismissed under Federal Rules of Civil Procedure 12(b)(6) for failure to state a claim if it is beyond doubt that the plaintiff can prove no set of facts …
Segregated Prisoners Retain Religious Congregation Rights
Article • December 15, 1998 • from PLN December, 1998
Filed under: Prosecutor/Attorney General Misconduct, Civil Procedure, Summary Judgment, Discovery, Sanctions, Qualified Immunity, Supervisory Liability, Denial of Religious Services
Segregated Prisoners Retain Religious Congregation Rights by Prisoners in disciplinary segregation (keeplock) in the Second Circuit have a clearly established right to attend religious services according to a New York federal district court. The court also required the attorney general's office to explain why it should not be sanctioned for …
Untimely Jury Demand Must be Fairly Considered
Article • December 15, 1998 • from PLN December, 1998
Filed under: Summary Judgment, Juries, Mental Health, Involuntary Treatment/Drugging
Untimely Jury Demand Must be Fairly Considered by Untimely Jury Demand Must Be Fairly Considered According to the Seventh Circuit, a district court must fairly consider a pro se prisoner's untimely request for jury trial. The court also held that the prisoner's failure to answer defendants' motion for summary judgment …
Trial Required in New Jersey Diabetic Care Suit
Article • October 15, 1998 • from PLN October, 1998
Filed under: Diabetes, Food, Civil Procedure, Summary Judgment, Expert Witnesses, Americans with Disabilities Act, Qualified Immunity
Trial Required in New Jersey Diabetic Care Suit by Afederal district court denied New Jersey prison authorities their motion for summary judgment against diabetic prisoners' class action suit under 42 USC § 1983. The prisoners' complaint was that the medical care provided by the Adult Diagnostic and Treatment Center (ADTC) …
No Immunity for Abestos Exposure; Toxic Water Claim Remanded
Article • September 15, 1998 • from PLN September, 1998
Filed under: Conditions of Confinement, Toxic Fumes/Chemicals, Eighth Amendment, Water, Asbestos, Summary Judgment, Discovery, Qualified Immunity
No Immunity for Abestos Exposure; Toxic Water Claim Remanded by The court of appeals for the second circuit held that prison officials are not entitled to qualified immunity for exposing a prisoner to airborne asbestos. The court also held that a prisoner plaintiff was entitled to present evidence that a …
PLRA Finding Required for Injunctive Relief
Article • August 15, 1998 • from PLN August, 1998
Filed under: Food, PLRA, Injunctions (PLRA), Summary Judgment, Religious Diet
PLRA Finding Required for Injunctive Relief by The court of appeals for the Ninth circuit held that district courts must make specific findings under the Prison Litigation Reform Act (PLRA) before granting prospective relief regarding prison conditions and this requirement applied retroactively to cases pending at the time of the …
Seg Conditions Analyzed for Sandin Purposes
Article • July 15, 1998 • from PLN July, 1998
Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Witnesses (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Summary Judgment, Ad-Seg Hearings
Seg Conditions Analyzed for Sandin Purposes by Building on prior recent decisions, the court of appeals for the second circuit held that district courts must analyze segregation conditions when determining whether prisoner plaintiffs have a federal due process liberty interest in remaining free from such confinement. Thomas Wright, a New …
Involuntary Medical Experiments Violate Due Process
Article • June 15, 1998 • from PLN June, 1998
Filed under: Medication, Medical Experiments/Exploitation, Brain Injury, Civil Procedure, Summary Judgment, Service
Involuntary Medical Experiments Violate Due Process by The court of appeals for the ninth circuit held that doctors who administer drugs without a patient's consent for research purposes violate the right to substantive due process. The court also held that fact questions existed which precluded summary judgment. Charles Johnson was …
Vigilante Attack on Prisoner Requires Trial
Article • June 15, 1998 • from PLN June, 1998
Filed under: Threats by Staff, Failure to Protect (General), Civil Procedure, Summary Judgment, Evidentiary Ruling
Vigilante Attack on Prisoner Requires Trial by The court of appeals for the second circuit held that issues of fact as to whether guards were personally involved in a vicious attack on a prisoner, precluded summary judgment for the guards. The court also held that a statement allegedly made by …
Pro Se Tips and Tactics
Article • March 15, 1998 • from PLN March, 1998
Filed under: Civil Procedure, Summary Judgment
Pro Se Tips and Tactics by John Midgley By John Midgley In my last column, I began a discussion of summary judgment motions in prison cases, which I continue in this column. In prison cases, summary judgment motions are often made by defendants to try to get judgment without the …
Ad Seg May Require Due Process
Article • March 15, 1998 • from PLN March, 1998
Filed under: Disciplinary Hearings, Liberty Interests, Informants (Disciplinary Hearings), Notice of Hearing, Summary Judgment, Witnesses, Ad-Seg Hearings
Ad Seg May Require Due Process by The court of appeals for the second circuit held that a district court wrongly concluded that administrative segregation (ad seg), in and of itself, does not violate due process. The court held prisoner plaintiffs must be given an opportunity to develop a factual …
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