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"Atypical And Significant" Hardship Segregation Claim Cannot Be Dismissed Under §1915(e)(2) by "Atypical And Significant" Hardship Segregation Claim Cannot Be Dismissed Under §1915(e)(2) The Tenth Circuit Court of Appeals has found that a claim that 75 days in punitive segregation is atypical and significant cannot be dismissed by the district …
Eighth Circuit Reverses Dismissal of Prisoner's Hepatitis C Treatment Claim by The U.S. Eighth Circuit Court of Appeals has reversed and remanded in part a North Dakota Federal District Court's dismissal of a state prisoner's claim that he was denied treatment for hepatitis C. Dale J. Burke is a prisoner …
Article • May 15, 2003 • from PLN May, 2003
Dismissal for Failure to Allege Physical Injury Improper by Dismissal for Failure to Allege Physical Injury Improper The Second Circuit Court of Appeals held that dismissal under42 U.S.C. § 1997e(e) for failure to allege physical injury was improper where a prisoner's complaint requests injunctive and/or declaratory relief and the pleadings …
Pro Se Tips and Tactics by John Midgley If you are litigating or planning a case in federal court against state prison officials, it is very important to be clear about what rights you are asserting and what relief you are requesting. Federal courts are not allowed to simply order …
Idaho Free Speech Claim Reinstated, Voluntary Dismissal Clarified by The Ninth Circuit Court of Appeals held that factual issues precluded summary judgment on a prisoner's free speech claim and that dismissal with prejudice of his remaining claims was an abuse of discretion. Idaho prison regulations require prisoners to shave daily. …
New York County Liable for Jail Strip Searches by A U.S. district court in New York granted a former prisoner's motion to amend his complaint in a suit involving strip searches and blasted Orange County attorneys for making frivolous arguments against it. Jaime Murcia was mistakenly arrested on a Federal …
Article • January 15, 2003 • from PLN January, 2003
Amendment of Complaint to Identify Unknown Defendant Denied by The Third Circuit Court of Appeals has affirmed a Pennsylvania District Court's grant of summary judgment to Pennsylvania Department of Corrections (PADOC) officials and denial of Plaintiff's motion to amend the suit to substitute a new, named defendant for a previously-unnamed …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Civil Procedure, Complaints
Complaint Needs Only Short, Plain Statement of Claim by Akos Swierkiewicz, a 53 year old Hungarian working for Sorema N.A., sued the company under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act (ADEA). The District Court for the Southern District of New York dismissed, …
District Court Sets Prisoner's "Deliberate Indifference" Hepatitis C Claims for Trial by A Connecticut Federal District Court has ordered that a state prisoner's Eighth Amendment claims arising from Connecticut Department of Corrections (CDOC) officials' deliberate indifference of his severe medical conditions be severed and that some of the claims proceed …
Article • September 15, 2002 • from PLN September, 2002
Dental Care Denial Defeats Summary Judgment by A federal district court in Illinois has denied summary judgment in a prisoner's denial of dental treatment claim under the Eighth and Fourteenth Amendments, and expounded on the relations back upon amendment provision of Fed.R.Civ.P. 15(c). While a detainee at the Cook County …
Article • July 15, 2002 • from PLN July, 2002
Ninth Circuit Reverses Dismissal for Failure to Comply with Rules by The Ninth Circuit Court. of Appeals has reversed a California District Court's dismissal of a federal prisoner's suit because the prisoner failed to comply with local court rules in filing an amended complaint. Federal prisoner Alejandro Ordonez filed suit …
Article • July 15, 2002 • from PLN July, 2002
Frivolous Dismissal Reviewed Under Abuse of Discretion Standard by The court of Appeals for the Eleventh Circuit has held that a district court's dismissal of a prisoner's 42 U.S.C. § 1983 suit for frivolousness is reviewed by the abuse of discretion standard. It also held that the prisoner's litigation history …
Article • June 15, 2002 • from PLN June, 2002
Complaints Must Be Concise, To the Point by The court of appeals for the Eleventh circuit held that a district court erred when it dismissed a former pre trial detainee's Bivens suit for lack of jurisdiction and for failing to state a claim. The court chastised the plaintiff's attorney for …
$3.54 Million Paid For Falsely Imprisoning Unconvicted Mentally-Incapacitated California Man For Two Years In New York by John E Dannenberg A mentally incapacitated misdemeanant detainee at the Los Angeles County, California, jail was unlawfully extradited to New York, where he was imprisoned for two years in the Green Haven Correctional …
No Qualified Immunity for Shackling Prisoner to Hospital Bed by Gregory May, a Cook County, Illinois, prisoner, filed a suit against the Sheriff and Sheriff's Department officials under 42 U.S.C. § 1983, alleging their treatment of prisoners taken to Cook County Hospital is unconstitutional and violates the Americans with Disabilities …
Balisok Bars Privacy Act Claim by The U.S. Court of Appeals for the District of Columbia has held that a prisoner must succeed on habeas corpus before suing under the Privacy Act (PA), 5 U.S.C. § 552(a), if the suit would undermine a disciplinary change against the prisoner if successful. …
Article • January 15, 2002 • from PLN January, 2002
PLRA Screening Applies Regardless of Fee Status by The Tenth Circuit Court of Appeals held that the Prison Litigation Reform Act (PLRA) screening and dismissal provisions apply even when the prisoner is not proceeding in forma pauperis . Federal prisoner Gerald Plunk filed a Bivens action alleging that he was …
Article • January 15, 2002 • from PLN January, 2002
Ohio Appellate Court Holds No Privacy Right in Urine by The highly influential Tenth District Court of Appeals of Ohio has ruled that prisoners "have no reasonable expectation of privacy in the items they possess in a prison or in the activities in which they engage while incarcerated. This loss …
Article • December 15, 2001 • from PLN December, 2001
PLRA Bars Mental and Emotional Damages for Asbestos Exposure by The Fifth Circuit Court of Appeals has held that a prisoner may not recover damages for mental and emotional injuries due to his exposure to asbestos and other health-threatening prison conditions. Johnny Ray Herman, a Louisiana state prisoner, filed suit …
Article • November 15, 2001 • from PLN November, 2001
Cell Search, Property Seizure Suit Set for Trial by Cell Search, Property Seizure Suit Set For Trial A federal district court in Delaware held that summary judgment was not appropriate to decide if a prisoner's cell had been illegally searched and his papers improperly seized. Michael Jordan, a Delaware prisoner, …
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