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Article • June 15, 1996 • from PLN June, 1996
Pro Se Tips and Tactics by John Midgley This column discusses the defense of so-called "qualified immunity" that is available to public officers and employees sued under 42 U.S.C. Section 1983. I will first discuss what an "immunity" is, then what "qualified" immunity is as distinguished from "absolute" immunity, and …
Article • June 15, 1996 • from PLN June, 1996
Filed under: Civil Procedure, Appeals
Ninth Circuit Expands Mailbox Rule by The court of appeals for the ninth circuit has held that a prisoner's notice of appeal is timely filed as long as it is mailed within the applicable time limit; the court does not require the notice to be mailed by a method that …
Article • April 15, 1996 • from PLN April, 1996
Seventh Circuit Decides "Mail Box" Rule by In a case of first impression in that circuit, the court of appeals for the seventh circuit ruled that a prisoner's pleadings are considered "filed" with the court when they are given to prison officials for mailing. The case involves an Illinois state …
Jailhouse Lawyers Retain Right to Assist Prisoners by The court of appeals for the ninth circuit has held that prison officials are not entitled to qualified immunity when they punish a jailhouse lawyer for assisting another prisoner. Terry Newell, an Alaska state prisoner, was employed as a prison law library …
Tuberculosis TRO Issued by A federal district court in New York granted a prisoner's motion for a Temporary Restraining Order (TRO) holding that a prison's mandatory tuberculosis (TB) test violated his religious rights. Paul Jolly, a New York state prisoner, is a Muslim. In 1991 the New York DOCS implemented …
No Jurisdiction for Some Qualified Immunity Appeals by The court of appeals for the fourth circuit held that it lacked jurisdiction to hear an appeal by prison officials accused of being deliberately indifferent to the safety of a prisoner where they stood by while he was attacked and stabbed by …
Article • March 15, 1996 • from PLN March, 1996
Attorney Fees for Consent Decree Enforcement by The ninth circuit court of appeals partially reversed a district court ruling that use of 37mm gas guns was not appropriate for use on mentally ill prisoners and it affirmed an award of some $200,000 in attorney fees in monitoring a consent decree …
Article • March 15, 1996 • from PLN March, 1996
Fact Disputes Not Immediately Appealable by The court of appeals for the eighth circuit has ruled that it lacks jurisdiction to hear interlocutory appeals by prison officials challenging the sufficiency of the evidence against them. Milton Sanders, a Missouri state prisoner, filed suit claiming his eighth amendment rights were violated …
Article • March 15, 1996 • from PLN March, 1996
Law on Retaliation Clearly Established in 2nd Circuit by The court of appeals for the second circuit ruled that in 1990 the law in that circuit forbidding retaliation against prisoners who file grievances was clearly established and prison officials were not entitled to qualified immunity from money damages. The court …
Prison Officials Can't Moot Law Library Suit by Transfer by The court of appeals for the ninth circuit has ruled that prison officials cannot moot a court's order for injunctive relief by transferring the prisoner plaintiff to another prison. It also held that issues not raised in parties' opening appeal …
Interlocutory Appeals Discussed by The eighth circuit court of appeals has distinguished recent supreme court decisions as to when interlocutory appeals can be heard by appeal courts. Gerry Reece, a Missouri state prisoner, was in protective custody due to being a DEA informant and a snitch in a murder trial. …
Article • February 15, 1996 • from PLN February, 1996
No Jurisdiction for Some Appeals by The court of appeals for the eighth circuit has held that it lacks jurisdiction to hear appeals on issues not decided on the merits in the district court. Marlon Robinson, a Missouri state prisoner, filed suit claiming prison officials were deliberate indifferent to his …
No Immunity for Retaliatory Discipline by The court of appeals for the fifth circuit has reaffirmed that prison officials who retaliate against prisoners who exercise their constitutional rights are not entitled to qualified immunity. The court also held that district court orders refusing to dismiss pendent state law claims are …
Failure to Provide Medical Treatment Unlawful by The court of appeals for the fourth circuit has held that jail guards have a duty to provide medical care for injuries resulting from attacks by other prisoners. Failure to do so may subject them to eighth amendment liability. In its ruling the …
Supreme Court Rejects Govt Inter-Locutory Appeals in Civil Rights Suits by In a significant ruling the supreme court, in a unanimous opinion, has held that public officials who are sued cannot file inter-locutory appeals when a district court denies their motion for summary judgment based on the sufficiency of the …
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 …
Court Clerk Suable by Don Curry is an Illinois state prisoner who was convicted of sexual assault in 1990. He filed a notice of appeal in the county court. Illinois law requires, upon receipt of a notice of appeal, that the circuit court clerk prepare and deliver a copy of …
Prison Worker Compensation Law No Bar to Bivens by Loren Bagola is a federal prisoner. He filed a Bivens suit against Bureau of Prisons (BOP) officials claiming that he lost his right hand when he was forced to operate prison machinery that officials knew to be unsafe. He claimed that …
No Habeas for Jailhouse Lawyer Aid by In a rather novel ruling the third circuit has ruled that federal courts lack authority to issue writs of habeas corpus to ensure that an imprisoned pro se litigant has the assistance of a jailhouse lawyer at trial. Michael Jones is a New …
Article • February 15, 1995 • from PLN February, 1995
No Immunity for Sweat Lodge Denial by Ralph Thomas is a Nebraska state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that prison officials had violated his right to religious freedom by denying him daily access to the prisons sweat lodge for prayer. He claimed this denial also …
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