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Discovery and Explanation Required Before Converting Motion into Motion for Summary Judgment by Brandon Sample By Brandon Sample Before converting a motion to dismiss into a motion for summary judgment, district courts must first give pro se parties (i) the opportunity to take relevant discovery, and (ii) an explanation of …
Article • July 15, 2011
PLRA's IFP Restrictions Do Not Apply To Civil Commitments by Brandon Sample By Brandon Sample Sex offenders that are civilly committed upon completion of their sentences are not "prisoners" within the meaning of the Prison Litigation Reform Act (PLRA), the U.S. Court of Appeals for the Tenth Circuit decided October …
Impartial Prison Disciplinary Hearing Officials Required in Nevada by Matthew Clarke By Matt Clarke On February 9, 2009, a Nevada state court restored the statutory good conduct time lost by a prisoner in a disciplinary proceeding in which the presiding official was biased. Brian Eugene Lepley, a Nevada state prisoner, …
Article • July 15, 2011
Fifth Circuit: No Mailbox Rule for Texas State Habeas Actions by Matthew Clarke By Matt Clarke On November 7, 2007, the Fifth Circuit court of appeals ruled that the "mailbox rule" did not apply to Texas state habeas corpus actions. Gene Edward Howland, a Texas state prisoner, delivered a state …
Seventh Circuit: No Public Interest Requirement in Prisoner's First Amendment Retaliation Suit by Matthew Clarke by Matt Clarke On March 4, 2009, the Seventh Circuit court of appeals held that a prisoner who alleges retaliation for free speech was not required to show that the speech engaged in concerned a …
Article • July 15, 2011
California Parole Procedures Upheld by By Brandon Sample The California Court of Appeals for the Sixth District has rejected a constitutional challenge to the Board of Parole Hearings' (Board) procedures and regulations. The controversy over the Board's parole procedures arose after Donald Lewis, Morriss Bragg, Viet Ngo, Donnell Jameison, and …
California Recognizes “Special Relationship” Between Jailer and Prisoner by Michael Brodheim By Michael Brodheim A California Court of Appeal has held that there is a "special relationship" between jailer and prisoner, which gives rise to a duty of care to protect the prisoner from foreseeable harm and thus can support …
Fifth Circuit: No First Amendment Right to Use Vulgarity in Legal Mail by Matthew Clarke By Matt Clarke On June 8, 2009, the Fifth Circuit court of appeals held that a Texas prisoner has no First Amendment right to use profanity in legal mail directed at opposing counsel and the …
Article • July 15, 2011
Life Sentence for Failure to Comply with Registration Requirement May Violate Eighth Amendment by Michael Brodheim By Michael Brodheim Finding that a "Three strikes" sentence of 28 years to life imprisonment was so grossly disproportionate to an "entirely passive, harmless, and technical violation of the registration law" that it violates …
Article • July 15, 2011
Ninth Circuit Reverses Untimely California Exhaustion Dismissal in Failure to Protect Suit by Mark Wilson By Mark Wilson The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a California prisoner’s §1983 action for failure to exhaust administrative remedies. California prisoner Leonard Marella was stabbed by fellow prisoners. …
Article • July 15, 2011
No Refund or Waiver of Appellate Filing Fee by Mark Wilson By Mark Wilson In three consolidated cases, the Third Circuit Court of Appeals held that voluntary dismissal of appeals does not result in refunds of the Appellants’ $455 filing fees. The court also held that it has no authority …
Article • July 15, 2011
Seventh Circuit: No Right to Jury Trial in Exhaustion Dispute by Mark Wilson By Mark Wilson The Seventh Circuit Court of Appeals held that a prisoner is not entitled to a jury trial to resolve factual disputes about his exhaustion of administrative remedies. Indiana prisoner Christopher Pavey sued several guards …
Article • July 15, 2011
Utah Prison Van Accident States “Unnecessary Rigor” Claim by Mark Wilson By Mark Wilson The Utah Supreme Court found that a prisoner sufficiently alleged an “unnecessary rigor” claim under the State Constitution for injuries sustained in a transport van accident. Yet, the Court suggested that dismissal may be proper for …
Brief • July 15, 2011
Padgett v Kowanda or Settlement Failure to Protect Against Inmate Assaults 2011 JOHN R. KROGER Attorney General JAMES S. SMITH #84093 Senior Assistant Attorney General Department of Justice 1162 Court Street NE Salem, OR 97301-4096 Telephone: (503) 947-4700 Fax: (503) 947-4791 Email: James.S.Smith@doj.state.or.us Attorneys for Defendants Daryl Borello; Troy Browser; …
In-the-News Article • July 15, 2011
Article on PLN's cert. petition to Supreme Court in FOIA case July 15, 2011 Articles about PLN Litigation Huffington Post Article on PLN's cert. petition to Supreme Court in FOIA case - Huffington Post 2011 Once Public, Now Private? Posted: 7/15/11 05:12 PM ET It is well under the radar, …
Tenny v. Ghosh, IL, Complaint, Medical Neglect, 2011 Case: 1:11-cv-01548 Document #: 15 Filed: 07/15/11 Page 1 of 43 PageID #:52 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ROBERT TENNEY (N10482), Plaintiff, vs. DR. PARTHA GHOSH, DR. CATALINO BARTISTA, S.A. GODINEZ, MARCUS HARDY, DAVID MANSFIELD, MARGARET THOMPSON, …
Orr v. Wexford, IL, Complaint, Wrongful Death, 2011 Case 3:11-cv-00608-JPG-SCW Document 2 Filed 07/14/11 Page 1 of 17 Page ID #3 KJG: car UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS SHAUNDRA ORR, Independent Administrator Of The Estate of JACE RAPP, deceased, Plaintiff, v. WEXFORD HEALTH SOURCES, INC., …
Brief • July 14, 2011
Prison Legal News v EOUSA, US, Reply Brief - newspapers, FOIA public records, 2011 No. 10-1510 IN THE Supreme Court of the United States ———— PRISON LEGAL NEWS, Petitioner, v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Respondent. ———— On Petition for a Writ of Certiorari to the United States Court …
Brief • July 13, 2011
Korf v Roy Mn Settlement Stevens Johnson Syndrome 2011 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Teddy A. Korf, Civil File No. 11-CV -1484 (ADM/FLN) Plaintiff, SETTLEMENT AGREEMENT AND PIERRINGER RELEASE OF ALL vs. CLAIMS OF TEDDY A. KORF AGAINST THE MINNESOTA Tom Roy, Commissioner, Minnesota Department of DEPARTMENT OF …
Brief • July 12, 2011
Nwakanma v Clark Et Al Ga Complaint Handcuffed Guard Assault 2011 Case 4:11-mi-99999-UNA Document 93 Filed 07/12/11 Page 1 of 27 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ROME DIVISION _______________________________ ) MIRACLE NWAKANMA, ) CORNELIUS SPENCER, ) GREGORY HAINES, and ) ERIC TOWNS, ) ) Plaintiffs, …
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