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Section 1983 Proper Remedy for Illegal Confinement by Spencer Parker is a Texas state prisoner. He filed suit under § 1983 claiming he was arrested and indicted for a burglary even though no evidence linked him to the crime. After nine months in jail the charges were dropped and he …
Unsworn Declarations Admissible by This is a case that will be useful to prisoners in control units or smaller prisons where public notary services are difficult to obtain. Sam Williams is a Michigan state prisoner convicted of murder who was transferred from a max to medium security prison. After a …
Court Cannot Supply Elements of Complaint by Joseph Pena is a prisoner at the Washington State Penitentiary. He was subjected to a digital rectal search without probable cause and filed suit under § 1983. Prison officials sought dismissal of the complaint on grounds Pena had failed to state a claim …
Article • March 15, 1993 • from PLN March, 1993
Court Cannot Dismiss Suit if Partial Filing Fee Paid by Autry Clark is an Ohio state prisoner. He filed suit against Ocean Brand Tuna claiming he bought cans of cat food from the prison commissary that had been re-labelled as tuna fit for human consumption. Clark became ill after eating …
Deliberate Indifference Standard in Medical Cases Explained by John McGuckin is an Arizona state prisoner. In 1986 he was injured while in a prison camp. He did not receive medical treatment for his injuries, which by now included massive herniation of his back and upper torso, until 1989, three and …
Confiscation of Legal Papers States Claim by Charles Brownlee, a Wisconsin pretrial detainee filed a civil rights complaint, pursuant to 42 U.S.C. § 1983, after jail officials confiscated legal documents relevant to a law suit he had filed. That suit claimed he'd been denied access to a dentist for treatment …
Article • May 15, 1992 • from PLN May, 1992
Delay of Legal Files States Claim by Delay Of Legal Files States Claim A Washington D.C. prisoner was transferred to various state and federal prisons. In the course of the transfers Lorton prison officials delayed and refused to send the plaintiff, Crawford El, his property containing his legal materials. Crawford …
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 …
Article • December 15, 1990 • from PLN December, 1990
Filed under: Civil Procedure, Complaints
Prisoners' 1983 Suits by JD Enquist J. D. Enquist This is part two of the article Prisoners' 1983. It will be written from a somewhat different slant; your due process rights as protected by the Fourteenth Amendment. Prison employees are taught that in order to be effective they must view …
Article • November 15, 1990 • from PLN November, 1990
Filed under: Civil Procedure, Complaints
Authority by JD Enquist By: J. D. Enquist It seems that there are increasingly more and more prisoner litigants and many of them becoming jailhouse lawyers. Or as it has been suggested, In-house Legal Consultants or Prisoners Legal consultants. The latter being of no importance, this article is focused on …
Article • November 15, 1990 • from PLN November, 1990
Filed under: Civil Procedure, Complaints
Prisoners' 1983 by JD Enquist PRISONERS' 1983 BY J.D. Enquist Ask what the most common lawsuit filed by prisoners is and instinctively the answer will be the "Prisoners' 1983." The section 1983 is the result of the Civil Rights Act of 1871. The statute was originally enacted by Congress under …
Article • July 15, 1990 • from PLN July, 1990
Civil Rights Suit For Damages Against State Prison Officials In Individual Capacities by Two prisoners filed a civil rights damage suite against state correctional officials, charging that they were denied due process because they were not given a timely hearing before being placed in segregation. The court noted that, under …
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