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No Interlocutory Appeal From Judgement by In the July, 1994, issue of PLN we reported Littlewind v. Rayl, 839 F.Supp. 1369 (ND 1994). The case involved a North Dakota state prisoner who, after assaulting a guard, was put into four point restraints, naked, for seven hours, 23 hours in three …
Failure to Treat Teeth States Claim by Mark Kinney is a Missouri state prisoner. Kinney went to the prison dentist, Dr. Kalfus, for removal of a tooth that was chipped and decayed, to have a cavity filled and for treatment of gum disease. Kalfus pulled the wrong tooth and acknowledged …
Article • October 15, 1994 • from PLN October, 1994
No Immunity for Delay of Medical Care by Willie Harris was a pretrial detainee in the Coweta County, Georgia, jail. When he was arrested his hand was injured by tight handcuffs. Upon arrival at the jail, on September 6, 1990, he requested treatment for the injury. He was seen by …
Stay of Suit Not Appealable by Oscar Bean is a Missouri state prisoner. He filed suit claiming he was denied due process at a disciplinary hearing accusing him of assault. He sought declaratory relief, damages and attorneys fees. The district court granted the defendants' motion to stay Bean's suit for …
Delay of Medical Care States Claim by Willie Harris was a pretrial detainee in the Coweta County, Georgia, jail. When he was arrested his hand was injured by tight handcuffs. Upon arrival at the jail, on September 6, 1990, he requested treatment for the injury. He was seen by the …
Article • February 15, 1994 • from PLN February, 1994
Qualified Immunity Law Clarified by Joseph Rankin was a pretrial detainee in the Harris County, Texas, jail. While awaiting a court appearance in a large holding cell a disturbance broke out after female prisoners passed in front of the cell. A deputy sheriff removed Rankin from the cell and, according …
Court Upholds Silencing of Dan Quayle's Drug Supplier by Brett Kimberlin is a federal prisoner serving a 51 year sentence on drug and weapons charges. He briefly gained a bit of notoriety during the 1988 presidential campaign when he claimed that he had supplied drugs to George Bush's vice-presidential running …
Article • January 15, 1994 • from PLN January, 1994
Bankruptcy Appeal Filed When Mailed by Three Pennsylvania state prisoners appealed the dismissal of their appeals from bankruptcy court after the district court held the appeal was untimely. Bankruptcy appeals must be filed within ten days, and in this case the prisoners gave their appeals to prison officials within the …
Article • January 15, 1994 • from PLN January, 1994
Only One Appeal on Qualified Immunity by Only One Appeal On Qualified Immunity This case involves a taxpayer suing an IRS agent claiming her constitutional rights were violated when the agent garnished her wages and seized her house, even though he knew she owed no taxes. While this is not …
Article • December 15, 1993 • from PLN December, 1993
Segregation of HIV+ Prisoners Upheld, Again by James Camarillo was an HIV positive California state prisoner. He has since been released on parole. While in custody of the California DOC he was transferred to a housing unit of HIV+ prisoners. Camarillo filed suit under § 1983 claiming that the transfer …
Article • November 15, 1993 • from PLN November, 1993
Statement of Claim Must Rely Solely on Complaint by Scott Swoboda was a jail detainee in Doniphan County, Kansas. He filed suit under § 1983 over numerous conditions of confinement at the county jail. The district court dismissed the suit pursuant to Fed.R.Civ.12(b)(6), concluding that the lawsuit failed to state …
Article • October 15, 1993 • from PLN October, 1993
Documents Filed When Delivered to Prison Officials by In two separate cases from the fifth and eleventh circuits, the appeals courts have adopted the Supreme Court's ruling that documents are considered filed in court when they are delivered to prison officials for mailing by pro se prisoner litigants. Lawrence Thompson …
Article • July 15, 1993 • from PLN July, 1993
Informal Brief Acts as Notice of Appeal by William Smith is a paraplegic Maryland state prisoner. He filed suit against various prison guards, doctors and officials claiming they were deliberately indifferent to his serious medical needs by denying him use of a wheelchair. Before trial the district court dismissed several …
Notice of Appeal Filed When Given to Prison Officials by Samuel Hamm is a Missouri state prisoner. While employed as a prison law clerk he claims prison officials threatened and harassed him in retaliation for the performance of his duties. The defendants' conduct included threatening him with administrative segregation, infracting …
Article • December 15, 1992 • from PLN December, 1992
Government Entitled to Only One Qualified Immunity Appeal by Government Entitled To Only One Qualified Immunity Appeal In Mitchell v. Forsyth , 472 US 511, 105 S. Ct. 2806 (1982), the US Supreme Court clarified its prior rulings on qualified immunity. Government officials performing discretionary functions (such as prison officials, …
Article • December 15, 1992 • from PLN December, 1992
Magistrates Cannot Dismiss Civil Rights Suits by Johnnie Reynaga is a California state prisoner who filed a § 1983 suit against a public defender, district attorney, deputy district attorney and state trial judge seeking damages and injunctive relief on the ground they had denied him his right to a fair …
State Judges Can Be Sued for Injunctive Relief in Federal Court by State Judges Can be Sued for Injunctive Relief in Federal Court Carrol Olson is a Kansas state probationer convicted of issuing a worthless check. Olson sought to appeal his conviction in the Kansas Court of Appeals. The state …
Article • November 15, 1992 • from PLN November, 1992
Federal Prisoners Must Exhaust Habeas Before Filing Suit by Federal Prisoners must Exhaust Habeas Before Filing Suit Amilcar Marchetti is a federal prisoner who filed a Bivens civil rights suit against various state and federal law enforcement agencies and officials. He complained that his civil rights were violated by the …
Infracting Cop Cannot Hear Own Infraction by John Diercks is a prison informant in protective custody (PC) in Jefferson City, MO. While in PC Diercks approached a prison official and asked him to make the urine samples of two prisoners "disappear" in exchange for which Diercks would supply the names …
Article • May 15, 1992 • from PLN May, 1992
Jailhouse Lawyers Win One by On January 14th the U.S. Supreme Court issued a modest victory for jailhouse lawyers and other poor litigants, ruling that a technical problem with filing a legal appeal does not necessarily void a court from considering the case. The court, in a unanimous ruling, said …
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