Skip navigation

Search

55 results
Page 2 of 3. « Previous | 1 2 3 | Next »

Case Remanded for Expungement of Seg Record and Damages Hearing by The Seventh Circuit court of appeals ruled that an Illinois federal prisoner was entitled to relief in the form of expungement of the record of his confinement to segregation where federal prison officials had been ordered to give the …
Default Entered Against Guards for Failing to Answer Summons Served by Prisoner by The Ninth Circuit Court of Appeals affirmed a district court's entry of default against prison guards who failed to answer a complaint after being served summons by a non-party prisoner. The 42 U.S.C. §1983 complaint alleged five …
Article • May 15, 2007
Time Limit for Service Extended in Immigration Suit by The plaintiff immigration detainee did not serve the defendants properly because her attorneys did not understand the service rules. That is not good cause to extend the time for service. However, the court has discretion to extend the time for service …
Article • May 15, 2007
Filed under: Civil Procedure, Service
FRCP 4 (e) Governs Service on Prison, Jail Employees by The prisoner's complaint was dismissed for failure to serve process, and the district court denied the plaintiff's Rule 60(b) motion to vacate the dismissal on the ground that he had too served process, he had just failed to file proof …
Article • May 15, 2007
BOP Skin, Retaliation Suit Dismissed by The plaintiff alleged that at a Pennsylvania federal prison he had a skin rash, itching, swelling, and other symptoms and was treated for an allergic reaction; he was told that the Bureau of Prisons would not pay for an allergist or dermatologist and he …
Summary Judgment Against Sexually Assaulted Prisoner Denied in Part by The U.S. District Court for the Southern District of Ohio granted in part and denied in part Ohio officials' motion for summary judgment against a prisoner who was sexually assaulted by a guard. While a prisoner at the Ohio Reformatory …
Access Denied to Law Library; Claim Stated; Summary Judgment Vacated by The U.S. Fourth Circuit Court of Appeals, vacating in part the grant of summary judgment by the U.S. District Court, Western District of Virginia, to state prison officials, held that a Virginia state prisoner who alleged -- among other …
Article • May 15, 2007
Filed under: Civil Procedure, Service
Tenth Circuit: Indigent Plaintiffs Not Responsible For Service by The U.S. Court of Appeals for the Tenth Circuit held that when plaintiffs were granted in forma pauperis status, the district court was obligated to serve process for them. Plaintiffs Tom and Naomi Olsen brought action in the U.S. District Court …
Article • May 15, 2007
Rule 12(b)(6) Dismissal Before Service of In Forma Pauperis Complaint Improper by The Third Circuit Court of Appeals held the dismissal of a complaint pursuant to Fed. R. Civ. P. 12(b)(6) prior to service of process is improper. This action was filed by a Pennsylvania prisoner at a State Correctional …
Dismissal for Failure of Service Reversed; District Court Abused Discretion by The U.S. Sixth Circuit Court of Appeals reversed and remanded a federal district court's dismissal of a Michigan prisoner's 42 U.S.C. § 1983 suit for failure of timely service, holding that the state, not the prisoner, was responsible for …
Article • May 15, 2007
Pennsylvania Prisoner Allowed Untimely Appeal Of Disciplinary Decision by The Commonwealth Court of Pennsylvania held that a state prisoner should be allowed to file an out of time appeal because he had received no answer regarding the administrative disposition of his appeal of a disciplinary decision. Eric Tulio, a prisoner …
Article • May 15, 2007
Filed under: Civil Procedure, Service
Police Not Properly Served Despite Government Employee Saying So by Police officers were not served properly when process was delivered to a place other than their place of business, even though the government employee who accepted service said that she was authorized to do so. This sort of mistake does …
Article • May 15, 2007
BOP Prisoner Can Sue Cornell Run Jail in Rhode Island under § 1983 by The plaintiff complained about events at a jail that was constructed by a municipality under state law authorization to provide the U.S. Marshals Service with space for federal pre-trial detainees. The plaintiff initially sued the Detention …
Article • May 15, 2007
Medical Defendant Must be Served Personally by A jury returned a plaintiff's verdict in a deliberate indifference and medical malpractice case in which the victim of malpractice died of sickle cell anemia. However, one of the doctors was never personally served. Under state and federal law, service may be made …
Article • June 15, 2006 • from PLN June, 2006
$40,000 Default Judgment Reversed for Determination of Service of Process Validity by In a case of unusual circumstances, the Seventh Circuit Court of Appeals has reversed a default judgment of $40,000 in favor of a prisoner against a prison nurse for failure to serve process, but ordered the district court …
GEO Group Buys Out Correctional Services Corporation by In November 2005, GEO Group, the second-largest private prison company in the U.S., finalized its purchase of the Sarasota, Florida-based Correctional Services Corporation (CSC) for $6 a share -- a total of $62 million in cash -- and the assumption of $124 …
Article • May 15, 2004 • from PLN May, 2004
Dismissal of Prisoner's Divorce Petition Is Abuse of Discretion by Dismissal of Prisoner's Divorce Petition Is Abuse of Discretion A Texas state court of appeals has reversed the dismissal for want of prosecution of a Texas prisoner's divorce action. Joe Lee Buster, a Texas state prisoner, filed a suit for …
Article • May 15, 2004 • from PLN May, 2004
Third-Party Beneficiaries Can Enforce Terms of Settlement by Bob Williams The Tenth Circuit court of appeals has held that a prisoner was entitled to seek enforcement of a two-decade old settlement agreement as a third-party beneficiary and invoke the court's continuing jurisdiction. In 1981, Kenneth Floyd and nine other Colorado …
Article • May 15, 2000 • from PLN May, 2000
Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion by Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion When the United States District Court (SD NY) dismissed a prisoner's 42 U.S.C. § 1983 complaint for his failure to serve …
County Bankruptcy Tolls FRCP 4(m) by The court of appeals for the Ninth Circuit held that a county's bankruptcy proceedings tolled Federal Rule of Civil Procedure (FRCP) 4(m) which gives plaintiffs 120 days in which to serve defendants with the lawsuit. In 1995 Gordon De Tie sued Orange County, California, …
Page 2 of 3. « Previous | 1 2 3 | Next »