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Article • April 15, 1999 • from PLN April, 1999
Seventh Circuit Defines Court Access Claims Involving Property by The court of appeals for the Seventh circuit held that prisoners cannot base court access claims on the loss of property unless that loss results in an ongoing hindrance or actual injury to an underlying claim. The court also discussed pleading …
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 …
Article • December 15, 1998 • from PLN December, 1998
Filed under: Civil Procedure, Complaints
Pro Se Tips and Tactics - Motions to Dismiss by John Midgley 1. Rule 12(b)(6) Motions To Dismiss For Failure To State A Claim In some prison cases filed pro se by prisoners, the defendants will file a "motion to dismiss for failure to state a claim." In cases filed …
Filing • November 6, 1998
Catalyst, PLN, Piper v. Box Elder Co., et al., UT, Complaint, censorship, 1998
Brief • November 6, 1998
Catalyst, PLN, Piper v. Box Elder Co., et al., UT, Complaint, censorship, 1998
Article • October 15, 1998 • from PLN October, 1998
FRCP 12(b)(6) Standard Applied to PLRA Dismissals by The court of appeals for the Fifth circuit held that district court dismissals of prisoner lawsuits for failure to state a claim under 42 U.S.C. § 1997e(c) are subject to de novo review on appeal under the Federal Rules of Civil Procedure …
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 …
U.S. Supreme Court Rejects Heightened Pleading Standards for Intent Based Claims by Paul Wright By Paul Wright On May 4, 1998, the United States supreme court held that civil rights plaintiffs do not have to meet a heightened standard of pleading when filing suit against government officials. Lawsuits alleging an …
Article • February 15, 1998 • from PLN February, 1998
Filed under: Medical, Skin, Complaints
7th Circuit Defines "Serious Medical Needs" by The court of appeals for the seventh circuit announced that medical conditions that cause pain, but are not life threatening, constitute serious medical needs for eighth amendment purposes. In doing so, the court clarified this area of law for the seventh circuit. Carlos …
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. …
Article • June 15, 1997 • from PLN June, 1997
Sixth Circuit Issues PLRA IFP Order by On February 4, 1997, Boyce Martin, chief judge of the sixth circuit, issued an administrative order directing all circuit and district court judges in the sixth circuit to apply the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA) uniformly …
Article • June 15, 1997 • from PLN June, 1997
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 …
Article • May 15, 1997 • from PLN May, 1997
PLRA Allows Sua Sponte Dismissal by A federal district court in Illinois held that the Prison Litigation Reform Act (PLRA) allows courts to assess filing fees and then dismiss prisoner petitions prior to service on the defendants if they fail to state a claim. Deangelo Jones is an Illinois state …
Beating and Strip Cell Require Trial by The court of appeals for the tenth circuit held that beating a naked, handcuffed, non-resisting prisoner violates the eighth amendment; that placing a prisoner in a strip cell without blankets or heating violates the eighth amendment as well. The court also discussed when …
Article • October 15, 1996 • from PLN October, 1996
Court Responsible for Jury Demand by The court of appeals for the second circuit held that checking a box on a civil cover sheet constituted a timely demand for a jury trial. Tyrone Wright, a New York state prisoner, filed suit claiming he was beaten by prison guards. When Wright …
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 …
Article • October 15, 1996 • from PLN October, 1996
Prisoner Testimony Must Be Considered in Spears Hearing by The court of appeals for the fifth circuit held that a district court abused its discretion when it heard a prisoner's testimony during a Spears hearing and then disregarded it and dismissed the complaint. Danny Eason, a Texas state prisoner, filed …
Article • October 15, 1996 • from PLN October, 1996
Complaint Can't Be Dismissed if Partial Filing Fee Paid by The court of appeals for the second circuit held that district courts cannot require indigent litigants to pay a partial filing fee and then dismiss their complaints as frivolous under 28 U.S.C. § 1915(d). Jerry Hughes, a New York state …
Article • October 15, 1996 • from PLN October, 1996
Plaintiff Entitled to Respond to Qualified Immunity Defense by The court of appeals for the fifth circuit held a district court improperly dismissed a prisoner's civil rights complaint when it did not allow the plaintiff to respond to the defendants' qualified immunity defense. Donald Todd, a federal prisoner, filed suit …
Cavity Search in Public States Claim by The court of appeals for the tenth circuit held that strip searches by members of the opposite gender may violate the fourth amendment. Willie Hayes, a Colorado state prisoner, filed suit claiming his fourth, eighth and fourteenth amendment rights were violated when he …
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