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Article • January 1, 2022 • from PLN January, 2022
Seventh Circuit Holds Dismissal of Lawsuit Removed to Federal Court Cannot Count as PLRA “Strike” by On December 22, 2020, the U.S. Court of Appeals for the Seventh Circuit held that when a lawsuit is removed to federal court from state court and then dismissed for failure to state a …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Dismissal
Michigan Prisoner’s Corizon Suit Dismissed Due to “Morass of Irrelevancies” by David Reutter by David M. Reutter The Sixth Circuit Court of Appeals affirmed the dismissal of a prisoner’s civil rights complaint because it was filled with “pages of irrelevant and unspecific allegations.” The Court said that in drafting a …
Thomas v. City of Chicago, IL, Settlement, Excessive Force Against Protestors, 2021 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MARKEL THOMAS, Plaintiff, V. CITY OF CHICAGO, ET AL., Defendants. ) ) Case No. 21 C 421 ) ) Judge Sara Ellis ) ) …
Fifth Circuit Affirms Dismissal of Federal Prisoner’s Bivens Action Challenging Due Process in 280-Day SHU Stay and Alleging Retaliation by Matthew Clarke by Matt Clarke On June 2, 2021, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a federal prisoner’s claims of insufficient due …
Article • September 1, 2021 • from PLN September, 2021
Fifth Circuit Reverses Dismissal of Texas Prisoner’s Failure-to-Protect Suit by Matthew Clarke by Matt Clarke On May 5, 2021, the Fifth Circuit court of appeals reversed the dismissal of a federal civil rights lawsuit brought by a Texas state prisoner who alleged an assistant warden failed to protect him from …
Serrano v. Guevara, IL, Settlement, Wrongful Conviction, 2021 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ARMANDO SERRANO ) ) Plaintiff, ) ) ) vs. ) ) ) REYNALDO GUEVARA, ERNEST ) HALVORSEN, EDWARD MINGEY, ) MATTHEW COGHLAN, JOHN DILLON, the ) CITY OF …
Article • June 1, 2021 • from PLN June, 2021
Filed under: Drug Overdose, Dismissal
Ninth Circuit Reverses Dismissal of Lawsuit in Prisoner Overdose at San Diego Jail by Matthew Clarke by Matt Clarke According to a January 13, 2021 opinion by the Ninth Circuit court of appeals, district court erred in upholding meritless objections to the summary judgment evidence supporting a lawsuit brought by …
Article • February 1, 2021 • from PLN February, 2021
Fourth Circuit: ADA Relief Claims Improperly Dismissed in Virginia by Mark Wilson by Mark Wilson On July 20, 2020, the U.S. Court of Appeals for the Fourth Circuit reversed a lower court’s dismissal of a Virginia prisoner’s Americans with Disabilities Act (ADA) claim stemming from the denial of a prison …
Thomas v. City of Chicago, IL, Complaint, Excessive Force Against Protestors, 2021 Case: 1:21-cv-00421 Document #: 1 Filed: 01/25/21 Page 1 of 23 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MARKEL THOMAS, Plaintiff, v. CITY OF CHICAGO, CHICAGO POLICE CAPTAIN SHEAMUS …
Franklin v. City of Chicago, IL, Settlement, Unlawful Entry & Excessive Force, 2021 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ASHANTI FRANKLIN, et al Plaintiffs, ) ) ) ) V. ) CITY OF CHICAGO, et al ) ) ) Case No. l 8-cv-6281 Judge Steven …
Article • December 1, 2020 • from PLN December, 2020
Eighth Circuit Reverses Dismissal of Iowa Prisoner’s ADA Claim by David Reutter by David M. Reutter The U.S. Court of Appeals for the Eighth Circuit reversed the dismissal of an Iowa prisoner’s lawsuit alleging violations of the American with Disabilities Act (ADA). Newton Correctional Facility (NCF) former prisoner Michael T. …
Article • November 1, 2020 • from PLN November, 2020
Filed under: Dismissal
Third Circuit: District Court Erred in Ruling Against Pennsylvania Prisoner’s Civil Rights Complaint by David Reutter by David M. Reutter The Third Circuit Court of Appeals held on April 27, 2020 that a district court erred when ruling against a Pennsylvania prisoner’s civil rights complaint and allowed the case to …
Franklin v. City of Chicago, IL, Complaint, Unlawful Entry & Excessive Force, 2019 Case: 1:18-cv-06281 Document #: 9 Filed: 03/22/19 Page 1 of 22 PageID #:34 STATE OF ILLINOIS) ) COUNTY OF COOK ) SS IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION ASHANTI FRANKLIN, on …
Serrano v. Guevara, IL, Complaint, Wrongful Conviction, 2017 Case: 1:17-cv-02869 Document #: 1 Filed: 04/17/17 Page 1 of 47 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ______________________________________________________________________________ ) ARMANDO SERRANO, ) ) Plaintiff, ) ) v. ) ) No. REYNALDO GUEVARA, …
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