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§ 1983 Accrual Date in Disciplinary Action Is Date Of State Annulment; QI Denied by § 1983 Accrual Date in Disciplinary Action Is Date Of State Annulment; QI Denied A Federal District Court in New York has held a prisoner's conditions of confinement and good time revocation claims stemming from …
Incentive Awards Disallowed, County Intervention Denied in Prison Riot Settlement by Incentive Awards Disallowed, County Intervention Denied in Prison Riot Settlement The U.S. Sixth Circuit Court of Appeals disallowed named plaintiffs from receiving so-called "incentive awards" for their roles in the litigation and settlement of a suit against Ohio prison …
Claims Against California Youth Authority Valid, Class Certified by The U.S. District Court, E.D. California, held that a California Youth Authority (CYA) prisoner had standing for injunctive relief as to mental health claim; allegations supported Rehabilitation Act (RA) and Americans with Disabilities Act (ADA) claims and access to court claims; …
Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages by David Reutter Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages By David M. Reutter In an unpublished opinion, the Eleventh Circuit Court of Appeals has held the PLRA bars compensatory and punitive damages …
Missouri Supreme Court Allows Actual Innocence Claims in Death Penalty Habeas by By Matthew T. Clarke In a case of first impression, the Supreme Court of Missouri (SCM) has held that a death-sentenced prisoner may raise a freestanding claim of actual innocence in a state habeas petition. Joseph Amrine, formerly …
Article • May 15, 2007
D.C. Prisoner's $125,000 Award for Medication Denial, Back Injury Upheld by In this case involving a prisoner who was denied pain medication and was subsequently injured in a fall, the District of Columbia. Court of Appeals held that standard of care was established, proximate cause was proven, and the $125,000 …
Article • May 15, 2007
Notice of Summary Judgment Requirements Mandatory for Pro Se Prisoners by A federal district court must provide pro se prisoners with fair notice of summary judgment requirements prior to dismissal. District of Columbia jail prisoner Wayne Hudson filed a petition for declaratory judgment and motion for appointment of counsel. Hudson …
No Heightened Pleading Standard for 1983 Actions by The U.S. Court of Appeals for the Third Circuit has reinstated a pro se prisoner's action challenging his involuntary commitment to a psychiatric hospital under 42 U.S.C. 1983. A lower court had dismissed the case for failure to state an actionable cause. …
Class Claims Must Be "Fairly Encompassed" By Named Plaintiff's Claims by Class Claims Must Be "Fairly Encompassed" By Named Plaintiff's Claims The U.S. Supreme court held that a Mexican-American who filed suit under the Civil Rights Act claiming he was passed over for promotion because of his national origin could …
Article • May 15, 2007
WI Prisoners may be Charged for Transport to Court Proceedings by The Wisconsin supreme court held that a prisoner who violated his parole and was serving time on his original sentence may be charged for costs to transport him from prison to court for new charges that caused the violation, …
Washington DOC Pays $4 Million in Parolee's Rape of Seven Year Old by In 2003 the Washington Department of Corrections (DOC) paid a total of $4 million to settle a parole liability suit involving the sexual assault of a seven year old girl by a parolee under its supervision. This …
Notice Required When Mail Withheld For Disciplinary Reasons by The U.S. Eighth Circuit Court of Appeals held that a prisoner in disciplinary detention must receive written notice of any mail being temporarily withheld by prison officials. Leonard Gregory, an Iowa state prisoner, was placed in disciplinary detention for a prison …
Court Has No Discretion To Postpone Automatic Stay Under PLRA by The United States District Court for the Southern District of New York held that it had no discretion under the Prison Litigation Reform Act (PLRA) to postpone the automatic stay of the provisions of a previous consent decree. Orange …
Federal Detainee May Pursue Bivens Action Against Private Prison Guards by In a matter of first impression, the United States District Court for the District of Rhode Island held that a federal pretrial detainee could pursue a Bivens action against guards employed by a privately operated detention facility. Plaintiff George …
Prisoners Contempt Motion Requesting Compensatory Damages Not Precluded by The United States District Court for the Southern District of New York held that prisoners' attorneys could prosecute a contempt motion against prison officials as prisoners' contempt motion was civil in nature. Orange County Correctional Facility (New York) officials moved pursuant …
Fact Issues Preclude Summary Judgment Of Iowa Guard's State, Federal Claims by The United States District Court for the Southern District of Iowa held that issues of material fact precluded summary judgment of a former jail guard's action under state law and 42 U.S.C. § 1983 against his former employer. …
Article • May 15, 2007
Filed under: Civil Procedure, Standing
Supreme Court Discusses Standing to Sue by The U.S. Supreme Court held that environmental groups (respondent) lacked sufficient standing to pursue their claim against Secretary of the Interior (petitioner). Section 7(a)(2) of the Endangered Species Act of 1973 directed petitioner to review the actions of federally funded agencies to ensure …
Officials Not Qualifiedly Immune In Paralyzed Prisoner's Suit by The U.S. District Court for the District of New Jersey held that county and jail officials were not entitled to qualified immunity in a paralyzed prisoner's civil rights suit. Timothy Ryan was arrested for a traffic violation and held at the …
Article • May 15, 2007
$90,000 Settlement for Alabama Prisoners Raped by Jail Guards by In June 2002, the City of Homewood, Alabama, paid a total of $90,000 to settle with two unidentified women who claimed they were forced to provide sexual favors to guards while imprisoned at the city jail. The plaintiffs, Jane Doe, …
Administrative Remedy Exhaustion Rule Restricted by The U.S. Court of Appeals for the Second Circuit has limited the rule that prisoners must exhaust all administrative remedies before filing a civil rights action under 42 U.S.C. Section 1983 as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997e(a). The …
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