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$135,000 Award in Beating Affirmed, Municipal Liability Reversed by The court of appeals for the District of Columbia circuit affirmed the award of $135,000 in damages to a prisoner beaten by prison guards, but it reversed an attorney fee award premised upon municipal liability. Robert Triplett, a D.C. prisoner, had …
Article • December 15, 1997 • from PLN December, 1997
Pro Se Tips and Tactics (Summary Judgments) by John Midgley By John Midgley A tool used in many prison and jail cases, especially by defendants, is a summary judgment motion under Federal Rule of Civil Procedure 56. If you lose a summary judgment motion brought by the defendant, you have …
Article • November 15, 1997 • from PLN November, 1997
Washington Officials Liable for Seizing Court Tape by In an unpublished ruling, the court of appeals for the ninth circuit held prison officials were not entitled to qualified immunity for intentionally withholding a prisoner's video taped court transcript. Robert Wrinkle a Washington state prisoner at the Clallam Bay Corrections Center, …
Article • June 15, 1997 • from PLN June, 1997
Pro Se Litigant Entitled to Defendant's Identity by The court of appeals for the seventh circuit held that a pro se litigant is entitled to court appointed counsel in order to discover the identity of defendants and the statute of limitations was subject to equitable tolling while discovery took place. …
Farmer Remanded Again, for Discovery by The court of appeals for the seventh circuit held a district court erred in dismissing a case without allowing the plaintiff to conduct discovery in order to oppose the defendants' motion for summary judgment. In doing so the court gives a detailed discussion of …
Article • August 15, 1996 • from PLN August, 1996
Discovery and Proof in Police Misconduct by Allan Parmelee Book Review Review by Allan Parmelee Litigating any issue against a police or prison official is tough based on the many loopholes built into the system for their benefit. Discovery & Proof in Police Misconduct Cases (D&PPMC) by Stephen Ryals, shows …
Article • May 15, 1996 • from PLN May, 1996
Filed under: Civil Procedure, Discovery
Dismissal of Suit for Not Attending Deposition Reversed by The court of appeals for the ninth circuit held that a prisoner appearing at a deposition hearing, but refusing to testify, was not a "failure to appear" within the meaning of Fed.R.Civ.P. 37(d). Robert Estrada, a California state prisoner, had filed …
Brief • May 7, 1996
Martin v. Pataki, NY, Order, Green Haven Correctional Facility Photographs PO, 1996 09/04/03 THU 17:19 FAX 212 450 5588 DPW 28-60 141010 ···: .·· .:( GEORGE E. PATAKI, GOVERNOR NEW YORK STATE, PHILIP COOMBE, JR., ACTING COMMISSIONER OF NEW YORK STATES DEPARTMENT OF CORRECTIONAL SERVICE, RONALD F. NELSON, DEPUTY SUPERIN­ …
7th Circuit Clarifies "Frivolous" and Safety Standard by The court of appeals for the seventh circuit ruled that a district court must determine a suit is not only legally insufficient but that it cannot be saved by amendment before the court can dismiss the suit as frivolous under 28 U.S.C. …
Retaliatory Infraction Illegal by The court of appeals for the second circuit reaffirmed that infractions in retaliation for prisoners' exercise of constitutionally protected rights are unlawful. The court also noted that administrative dismissal of such charges do not bar § 1983 actions for damages resulting from punishment imposed at the …
All Writs Act Limited by The seventh circuit court of appeals has given a narrow interpretation to the All Writs Act, 28 U.S.C. § 1651, by holding that a district court lacked the authority to order the Illinois DOC to transport a prisoner to a medical expert witness's office for …
Article • July 15, 1995 • from PLN July, 1995
No Interlocutory Appeal of Discovery Order by In a sharply worded opinion the eighth circuit court of appeals has described the limited circumstances in which it will entertain an interlocutory appeal from a district courts discovery orders. The case involves Sherman White, an Iowa state prisoner, who filed suit under …
Article • November 15, 1994 • from PLN November, 1994
Filed under: Civil Procedure, Discovery
Lawyers Deny Inmate Discovery Pending Motion to Dismiss in Federal Court by Allan Parmelee In all the lawsuits brought by federal prisoners against prison staff, the U.S. Attorney who defends them will usually file a Motion to Dismiss or in the Alternative for Summary Judgement in favor of the defendants. …
Shackling States Claim by Jerome Williams is a Michigan state prisoner. After damaging the toilet in his cell, Williams was removed from his cell and placed in restraints where he was fully restrained by chains and shackled to his bed; where he remained for 73 hours. He was allowed to …
Prison Officials Can't Prevent Jailhouse Lawyers From Assisting Other Prisoners by Paul Gibbs is a Michigan state prisoner and jailhouse lawyer. He was placed in segregation in late 1990 for possessing contraband. On April 2, 1991, he was reclassified back to the general population. Due to a lack of bed …
Article • November 15, 1993 • from PLN November, 1993
Seg Prisoners Entitled to Congregate for Religious Services by Richard Salahuddin was a Muslim New York State prisoner. In 1985 he was transferred to the Sullivan Correctional Facility (SCF), which was still under construction. At the time of his transfer and during his stay at SCF he was on "keeplock" …
Article • August 15, 1993 • from PLN August, 1993
Default Appropriate for Obstructing Discovery by This is not a prison case but a personal injury suit concerning the faulty design of Suzuki Samurais. We are reporting it in PLN because obstruction of the discovery process by litigants is quite common and this is a good case explaining the sanctions …
Article • August 15, 1993 • from PLN August, 1993
Service Complete When Delivered to Prison Officials by Brian Faile is a Nevada state prisoner. He sued the Upjohn company claiming that their product Xanax, a prescription drug, caused him depression and violent outbursts which resulted in his being severely wounded by police and imprisoned. The district court dismissed Faile's …
Article • August 15, 1993 • from PLN August, 1993
Non-Stenographic Depositions by Paul Wright By Paul Wright The most crucial part or process of a civil rights suit is the discovery phase. In many civil rights cases the defendants are government employees performing state functions and thus have sole control of the relevant evidence the plaintiff will need to …
Court Must Rule on Discovery Before Dismissal by Court Must Rule On Discovery Before Dismissal John Dean was awaiting trial in an Alabama jail when he got into a dispute with a former death row inmate awaiting a retrial. Dean was stabbed and slashed several times and had his head …
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