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California Lifers Covered by Tolling Statute

Article • October 15, 1998 • from PLN October, 1998

Filed under: Excessive Force, Guard Brutality/Beatings, Limitations

California Lifers Covered by Tolling Statute by The court of appeals for the Ninth circuit held that California prisoners serving sentences of life with the possibility of parole fall within California Civil Procedure Code § 352(a)(3), which tolls the statute of limitations for persons "in execution under the sentence of …

Bivens Action is Not Time Barred When in Compliance With Rule 3

Article • September 15, 1998 • from PLN September, 1998

Filed under: Civil Procedure, Complaints, Limitations, Service, Federal Tort Claims Act, Medical Neglect/Malpractice

Bivens Action is Not Time Barred When in Compliance With Rule 3 by Afederal court of appeals reversed a district court's dismissal of a wrongful death complaint filed by the mother of a federal prisoner, Shelia Moore. Moore was put in an administrative segregation cell on suspicion of taking an …

Two Year Limitations on Illinois § 1983 Suits

Article • September 15, 1998 • from PLN September, 1998

Filed under: Retaliation, Retaliatory Transfers, Filing Fees (PLRA), Frivolous Litigation (PLRA), Limitations

Two Year Limitations on Illinois § 1983 Suits by The court of appeals for the seventh circuit held that a district court erred in dismissing a prisoner's lawsuit because it had miscalculated the statute of limitations. The court also held that 28 U.S.C. § 1915(g), the "Three Strikes" provision of …

Kansas Ad Seg Hearing Required

Article • August 15, 1997 • from PLN August, 1997

Filed under: Disciplinary Hearings, Liberty Interests, Counsel, Limitations, Ad-Seg Hearings

Kansas Ad Seg Hearing Required by The supreme court of Kansas held that a prisoner was entitled to a hearing to determine if three years in administrative segregation (ad seg) has become a prohibited punishment. Rodney Murphy, a Kansas state prisoner, was placed in ad seg in 1993 for investigation …

Pro Se Litigant Entitled to Defendant's Identity

Article • June 15, 1997 • from PLN June, 1997

Filed under: Medication, Cardiovascular, Civil Procedure, Complaints, Parties, Limitations, Discovery

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. …

Relation Back Period Suspended during IFP Application

Article • June 15, 1997 • from PLN June, 1997

Filed under: Filing Fees (PLRA), Civil Procedure, Complaints, Limitations, Filing Fees

Relation Back Period Suspended during IFP Application by The court of appeals for the third circuit held that the 120 day period allowed for amending complaints under Fed.R.Civ.P. 15(c) is suspended while a district court makes an In Forma Pauperis (IFP) determination under 28 U.S.C. § 1915. Donald Urrutia, a …

Cause of Action Accrues on Disciplinary Reversal

Article • October 15, 1996 • from PLN October, 1996

Filed under: Disciplinary Litigation, Disciplinary Appeals, Civil Procedure, Defenses, Complaints, Limitations, Habeas Corpus, Qualified Immunity

Cause of Action Accrues on Disciplinary Reversal by The court of appeals for the second circuit held that the statute of limitations for a § 1983 action does not begin to run until a prisoner has successfully challenged the disciplinary hearing in state court. Theodore Black is a New York …

Time Barred Dismissal Reversed

Article • November 15, 1995 • from PLN November, 1995

Filed under: Sanctions (Disciplinary Hearings), Complaints, Limitations, Restitution, Mental Health

Time Barred Dismissal Reversed by The court of appeals for the tenth circuit has held that a district court erred when it dismissed a prisoner's suit as being time barred when it was not clear from the face of the complaint if the applicable time limits had been tolled. David …

4th Cir. Clarifies IFP Dismissal Standard

Article • July 15, 1995 • from PLN July, 1995

Filed under: Asbestos, Civil Procedure, Frivolous Litigation, Limitations

4th Cir. Clarifies IFP Dismissal Standard by The court of appeals for the fourth circuit has limited the discretion of district courts to dismiss suits filed in forma pauperis (IFP) on grounds of frivolousness where the court believes the complaint is untimely. The court also discussed when a cause of …

Federal Crime Bill Passes

Article • December 15, 1994 • from PLN December, 1994

Filed under: Transfers, Police Misconduct, Gender Discrimination -- Women, Sex Offender Registration, Tuberculosis, DNA Testing/Samples, Drug Testing, Crime/Demographics, Crime, Databases, Overcrowding, Education, Disclosure of Records, Consent Decrees, Limitations, Good Time, Three Strikes, Immigration, Death Penalty, Federal Legislation, Fathers in Prison, Mothers in Prison

Federal Crime Bill Passes by Paul Wright By Paul Wright In the October and November, 1993, issues of PLN, I wrote articles about the "anti-crime" proposals that had been submitted in the US Congress by democrats and republicans, respectively. I predicted then the most repressive aspects of both proposals would …

UT Section 1983 Statute of Limitations Struck Down

Article • November 15, 1994 • from PLN November, 1994

Filed under: Civil Procedure, Limitations

UT Section 1983 Statute of Limitations Struck Down by In 1987 the Utah state legislature enacted section 78-12-28(3) which provided a two year period in which to bring an "action for injury to the personal rights of another as a civil rights suit under 42 U.S.C. § 1983." This is …

Detainees Have Right to be Vermin Free

Article • April 15, 1994 • from PLN April, 1994

Filed under: CMS, Medical, Medication, Bedding, Vermin, Exposure to Heat, Limitations, Contractor Liability

Detainees Have Right to be Vermin Free by Two federal pretrial detainees housed under contract in the Allegheny County Jail (ACJ) in Pennsylvania sued jail officials for a wide variety of ailments affecting jail prisoners. Among the issues they filed suit on were: inadequate ventilation, extreme temperatures, excessive noise, use …

WA Repeals Cons Tolling Statute

Article • August 15, 1993 • from PLN August, 1993

Filed under: Civil Procedure, Limitations, State Legislation

WA Repeals Cons Tolling Statute by The 53rd Washington Legislature unanimously amended RCW 4.16.190 to repeal the provision which tolled the statute of limitations for prisoners serving less than natural life terms. The new law went into effect on July 1, 1993. The statute of limitations in Washington State for …

Illinois Tolling Statute Unconstitutional

Article • July 15, 1993 • from PLN July, 1993

Filed under: Disciplinary Litigation, Crime/Demographics, Prison/Jail Murders, Limitations, State Legislation

Illinois Tolling Statute Unconstitutional by Until 1987 Illinois prisoners had until two years after they were released from prison in which to file lawsuits. Any statute of limitations was tolled by imprisonment. In 1987 the Illinois legislature modified Illinois Rev. Statute ch. 110, ¶ 13-211, so that claims by prisoners …

Grievance Procedure Tolls Statute of Limitations

Article • July 15, 1993 • from PLN July, 1993

Filed under: Disciplinary Hearings, Retaliatory Discipline, Disciplinary Appeals, Administrative Exhaustion, Limitations

Grievance Procedure Tolls Statute of Limitations by William Gartrell is a Texas state prisoner. He filed suit under § 1983 claiming prison officials conspired to file trumped up disciplinary charges against him in retaliation for his legal activities; the disciplinary hearing and grievance procedure did not comport with due process; …