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Article • May 15, 2007
Seventh Circuit Discusses Res Judicata and Collateral Estoppel by The U.S. Court of Appeals for the Seventh Circuit held that the doctrines of res judicata and collateral estoppel barred federal civil right actions against county and village officials for due process violations because a successful state mandamus action based upon …
Dismissal for Frivolousness is Basis for Res Judicata by The U.S. Seventh Circuit Court of Appeals held that a 42 U.S.C. § 1983 suit by a civilly-committed person filed against officials of the Wisconsin Department of Health and Family Services (WDHFS) was barred by res judicata because a prior suit …
CA Officials Immune from False Arrest Suits by In June of 2002, Lenin Perez-Torres was arrested by federal agents and taken to the Los Angeles County Jail for parole violations. Unfortunately he was the wrong man. After 25 days jailers caught the mistake and released him. He joined a federal …
California Internet Mail Ban Enjoined by John E Dannenberg by John E. Dannenberg The US District Court (N.D. Cal.) issued a permanent injunction against the California Department of Corrections' (CDC) policy that prohibits prisoners from receiving mail that contains Internet-generated information. Frank Clement, a prisoner at Pelican Bay State Prison …
Article • March 15, 2002 • from PLN March, 2002
Res Judicata Dismissal of Texas Prisoner's Suit Reversed by by Matthew T. Clarke A Texas court of appeals has reversed the district court's res judicata based dismissal of a Texas state prisoner's personal injury suit chastising the lower court for using an improper procedure. Steven W. Howell, a Texas state …
Jailhouse Lawyering Protected; Frivolous Claims Are Not by John E Dannenberg by John E. Dannenberg The Court of Appeals for the Sixth Circuit held that a prisoner could not maintain an access to the courts claim based on an action that has been dismissed as frivolous, but the plaintiff can …
Contradictory Disciplinary Hearing Evidence Not Precluded From Use of Excessive Force Suit by Ronald Young By Ronald Young The U.S. district court for the East- ern District of California held that a prisoner was not precluded from introducing evidence contradicting factual findings of disciplinary proceeding instituted against prisoner as a …
Heck Does Not Bar Evidence in Shooting Case by Ronald Young The U.S. district court for the East ern District of California held that a prisoner was not precluded from introducing evidence contradicting factual findings of disciplinary proceeding instituted against prisoner as a result of incident. Vincent Marquez, a California …
Article • August 15, 1997 • from PLN August, 1997
Res Judicata No Bar to Damages in Illegal Sentence by In the May and July, 1995, issues of PLN we reported Rooding v. Peters, 876 F. Supp. 946 (ND IL 1994) in which a district court held that res judicata prevented a prisoner from filing suit in federal court for …
FTCA Suit Not Barred by Prior Bivens Claim by In a case of first impression the court of appeals for the seventh circuit held that a plaintiff who files and loses a Bivens suit against federal officials is not automatically barred from filing a tort suit against the United States …
Article • April 15, 1997 • from PLN April, 1997
Copying Claims Not Barred by Res Judicata by The court of appeals for the ninth circuit held that an Alaska state prisoner's claim that he was denied photocopies was not barred by res judicata where a similar claim was litigated in a class action suit but the issue was not …
Article • February 15, 1997 • from PLN February, 1997
New York Work Release Creates Liberty Interest by A federal district court in New York held that state law creates a due process liberty interest which requires a hearing before prisoners can be removed from work release. The court also held that res judicata did not bar a § 1983 …
New York Work Release Creates Liberty Interest by A federal district court in New York held that prisoners retain a due process liberty interest in remaining in work release. Quentin Hollingsworth, a New York state prisoner, was participating in a work release and home furlough program while nearing the end …
Seventh Circuit Discusses Sandin by In the August, 1995, issue of PLN we reported the supreme court's ruling in Sandin v. Conner , 115 S.Ct. 2293 (1995), which essentially gutted prisoners' right to due process in prison disciplinary hearings. Sandin opened up more questions than it purported to answer and …
Habeas Doesn't Bar Section 1983 by Ronald Rhodes is a Kansas state prisoner. He was placed in segregation by prison officials claiming he was planning an outbreak of racially motivated violence in the prison mess hall. He was never given written notice of the grounds for placing him in segregation. …
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