Skip navigation

Search

275 results
Page 2 of 14. « Previous | 1 2 3 4 5 6 ... 10 11 12 13 14 | Next »

Article • September 15, 2013 • from PLN September, 2013
Seventh Circuit: Indiana Tolling Provision May Excuse Time-Barred Suit; Rule 12(b)(6) Dismissal Improper by The Seventh Circuit Court of Appeals has reversed a district court’s dismissal of an Indiana prisoner’s lawsuit as being time-barred. In January 2008, Pendleton Correctional Facility prisoner Danny R. Richards began complaining of abdominal pain and …
Sixth Circuit Vacates Section 1915(e)(2) Dismissal of Discrimination Claim by The Sixth Circuit Court of Appeals vacated a lower court’s sua sponte dismissal of a Kentucky prisoner’s race discrimination claim as frivolous under 28 U.S.C. § 1915(e)(2). Kentucky prisoner DeWayne Brand, an African-American, shared a cell with white prisoner Troy …
Seventh Circuit Reverses Dismissal of Illinois Prisoner's Lawsuit Related to Shooting by The Seventh Circuit Court of Appeals has held that a lower court erred in dismissing an Illinois prisoner's excessive force, deliberate indifference and retaliation claims. On May 16, 2009, an unidentified Stateville Correctional Center guard fired two rounds …
Article • July 15, 2013 • from PLN July, 2013
Sixth Circuit Reverses Dismissal of Suit Due to Non-Exhaustion and Statute of Limitations by The Sixth Circuit Court of Appeals reversed a lower court's summary judgment order that erroneously dismissed a Michigan prisoner's lawsuit for non-exhaustion and because it was time-barred. On November 30, 2005, Michigan state prisoner Samuel Surles …
Article • July 15, 2013 • from PLN July, 2013
Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 by Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 The Sixth Circuit Court of Appeals has held that a pretrial detainee did not suffer a violation of his Sixth Amendment right to …
Article • May 15, 2013
Tenth Circuit Holds Prisoner Not Entitled to Equitable Tolling by On November 18, 2011, United States Court of Appeals, Tenth Circuit upheld an equitable tolling claim. Oklahoma State prisoner Calvin Eugene Barnett filed a pro se lawsuit pursuant to 42 U.S.C. §1983 in federal court alleging his constitutional rights were …
Article • April 15, 2013
US Court of Appeals Dismisses Freed Prisoner's §1983 Claim by US Court of Appeals Dismisses Freed Prisoner's §1983 Claim The United States Court of Appeals for the Seventh Circuit affirmed in December 2011 the district court’s dismissal of an Illinois prisoner’s civil rights claim against three police officers and three …
Article • April 15, 2013
Sixth Circuit Upholds Kentucky Sex Abuse Case Dismissal; Case Filed Outside 1-Year Limitation Period by The Sixth Circuit Court of Appeals upheld the dismissal of a Kentucky woman's suit alleging that her probation officer sexually assaulted her. The court found that a one-year statute of limitations applied, and she filed …
Article • April 15, 2013
Statute of Limitations Kills Oregon False Imprisonment Suit by The Oregon Court of Appeals affirmed the statute of limitations dismissal of a former prisoner's false imprisonment suit. In three separate judgments, Loren MacNab was convicted of four counts of failing to register as a sex offender and sentenced to jail …
Equitable Tolling of AEDPA Includes Non-English Speaking Petitioners by The Third Circuit Court of Appeals has held that a language inability, when combined with denial of legal or translation assistance, can be an extraordinary circumstance for equitable tolling purposes in habeas cases. The issue was before the Third Circuit following …
Idaho Supreme Court Affirms Firing of PHS Medical Director by The Idaho Supreme Court has upheld a lower court’s dismissal of a prison doctor’s challenge to his job termination, stemming from his abusive treatment of a prisoner. Dr. John F. Noak was the medical director for Prison Health Services (PHS), …
Article • December 15, 2012 • from PLN December, 2012
Fifth Circuit Holds Mailbox Rule Applies to Legal Mail Rejected Under Bogus Prison Rule by The Fifth Circuit Court of Appeals has held that legal mail rejected by prison officials under a purported rule that does not exist is still entitled to the “mailbox rule.” Clifford Medley, a Texas state …
Article • August 15, 2012 • from PLN August, 2012
Kentucky Supreme Court Adopts Mailbox Rule Retrospectively by The Supreme Court of Kentucky, in a modified ruling, adopted the “mailbox rule,” allowing notices of appeal in criminal cases to be considered filed when they are placed in the prison’s internal mail system. Joe B. Jones and Michael Allen Hallum, Kentucky …
Article • May 15, 2012
Sixth Circuit Holds Lethal Injection Protocol Challenge Time Barred by The Sixth Circuit Court of Appeals affirmed a lower court's holding that a condemned Ohio prisoner's lethal injection procedure challenge was time-barred. In 1986, Richard Cooey, II was convicted of aggravated murder and sentenced to death in Ohio. His appeal …
Article • May 15, 2012
Tennessee Appeals Court Denies Prisoner's "Coram Nobis" Petition by Tennessee Appeals Court Denies Prisoner's "Coram Nobis" Petition Prisoner George Campbell Jr.'s appeal of the order of the trial court denying his petition for "coram nobis" relief has been dismissed by the Court of Criminal Appeals of Tennessee at Jackson. Campbell …
Article • February 15, 2012 • from PLN February, 2012
Settlement in New York City Jail Mental Health Services Case Still Alive by On June 28, 2011, the New York Court of Appeals held that a motion to extend the obligations of New York City officials to provide mental health services to jail prisoners was timely because it was filed …
Article • February 15, 2012
9th Circuit: Equitable Estoppel Applies Where Fraudulent Concealment by Police Thwarts Filing of Claim within Statute of Limitations Period by The Ninth Circuit has held that the doctrine of equitable estoppel can save a claim brought under 42 U.S.C. § 1983 against an otherwise-applicable statute of limitations bar, where although …
Article • February 15, 2012
Federal Appeals Court Denies Colorado Prisoner’s “Mail Box Rule” Appeal by The Tenth Circuit Court of Appeals affirmed a Colorado district court’s order to alter the judgment in a suit won by a Colorado prisoner. Michael N. Milligan filed suit against Brian Matthews, a prison official at the prison in …
Article • October 15, 2011 • from PLN October, 2011
Sixth Circuit: Prisoner Must be Allowed Direct Appeal When Prison Delayed Appeal Mailings by Matthew Clarke by Matt Clarke The Sixth Circuit held that Michigan had to allow the appeal of a prisoner’s criminal conviction when prison officials had delayed the mailing of his appeal documents until after the filing …
Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies by Michael Brodheim Clarifying “the boundaries of proper exhaustion” within the context of California’s prison system, the Ninth Circuit Court of Appeals held that a prisoner “has no obligation to appeal from a …
Page 2 of 14. « Previous | 1 2 3 4 5 6 ... 10 11 12 13 14 | Next »