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Article • January 1, 2021 • from PLN January, 2021
Second Circuit Reverses Summary Judgment in New York Prisoner’s Due Process Lawsuit by David Reutter by David M. Reutter The Second Circuit Court of Appeals reversed a summary judgment grant to defendants in a New York prisoner’s lawsuit that alleged he was denied due process. The court’s July 23, 2020, …
Article • November 1, 2020 • from PLN November, 2020
Connecticut: Summary Judgment Denied in Deliberate Indifference Case Where Facial Lesion Turned Out To Be Skin Cancer by Chad Marks by Chad Marks Jeffrey Bardo was a state of Connecticut prisoner at the Willard Cybulski Correctional Institution in Enfield when he submitted a medical request to have an odd spot …
Article • November 1, 2020 • from PLN November, 2020
Second Circuit: Denial of Exercise Over Four Months Defeats Summary Judgment by David Reutter by David M. Reutter On June 18, 2020, the Second Circuit Court of Appeals reversed the grant of summary judgment to prison officials in a 42 U.S.C. § 1983 action alleging the officials’ failure to clear …
Article • November 1, 2020 • from PLN November, 2020
Seventh Circuit Dismisses Summary Judgment for Defendants in Illinois Prisoner’s Lawsuit Over Beating, Choking by David Reutter by David M. Reutter "The Federal Reporter is replete with examples of prisoners losing cases because they missed litigation deadlines and courts extended little forgiveness,” the Seventh Circuit Court of Appeals wrote on …
Article • November 1, 2020 • from PLN November, 2020
Ninth Circuit: No Summary Judgment for Prison Officials Who Allegedly Allowed Attack on Nevada Prisoner by David Reutter by David M. Reutter On April 23, 2020, the Ninth Circuit Court of Appeals reversed the grant of summary judgment to defendants in a civil rights action alleging they failed to protect …
Article • September 1, 2020 • from PLN September, 2020
Second Circuit Vacates Summary Judgment on Connecticut Prisoner’s Failure to Protect Claim by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Second Circuit held on Dec. 6, 2019, that a lower court incorrectly granted guards summary judgment on a prisoner’s failure to protect claim. Connecticut prisoner …
Article • October 7, 2019 • from PLN October, 2019
Denial of Summary Judgment for Prison Officials Affirmed in West Virginia Excessive Force Case by Scott Grammer by Scott Grammer Miguel Delgado, incarcerated at the Mount Olive Correctional Complex (MOCC), alleged in a civil rights complaint that MOCC Warden David Ballard had authorized policies and procedures that allowed guards to …
Article • May 3, 2019 • from PLN May, 2019
Eighth Circuit Affirms Denial of Summary Judgment in Failure to Protect Case by In a December 28, 2018 decision, the Eighth Circuit Court of Appeals upheld the denial of summary judgment in a lawsuit brought by a prisoner who claimed prison officials violated his rights by failing to protect him …
New York Federal District Court Allows Prisoner’s § 1983 Action to Proceed by Derek Gilna by Derek Gilna A New York state prisoner’s civil rights case proceeded to trial in federal district court after the judge denied the New York State Department of Corrections and Community Supervision’s motion for summary …
Ninth Circuit Reverses Summary Judgment in Favor of Jail Where Three Detainees Died by Christopher Zoukis by Christopher Zoukis In an unpublished June 7, 2018 decision, the U.S. Court of Appeals for the Ninth Circuit partially reversed a district court’s ruling that Cowlitz County, Washington was entitled to summary judgment …
Brief • December 4, 2018
Monroe v. Coleman County Texas, et al., TX, Response, Summary Judgment, 2018 Case 6:18-cv-00015-C Document 26 Filed 12/04/18 Page 1 of 30 PageID 291 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS SAN ANGELO DIVISION PATSY K. COPE, individually, and ALEX ISBELL, as dependent administrator of, and on …
Article • November 6, 2018 • from PLN November, 2018
California Muslim Prisoner Defeats Summary Judgment Order in Mixed Appellate Ruling by Edward Lyon by Ed Lyon Darrell Eugene Harris is a Muslim prisoner confined in California’s prison system. He filed a civil rights suit raising state and federal claims against prison guard S. Escamilla. Harris alleged that Escamilla removed …
Article • September 3, 2018 • from PLN September, 2018
Virginia Prisoner Defeats Summary Judgment, Settles Religious Diet Case by Edward Lyon by Ed Lyon Aaron Carter is a Virginia state prisoner; he is also a member of the Nation of Islam. Due to his religion’s dietary restrictions, he was enrolled in the prison system’s Common Fare program (CFP), which …
Article • July 1, 2018 • from PLN July, 2018
Fifth Circuit Partially Reinstates Mississippi Prisoner’s Suit Over Inadequate Mental Health Care by On September 29, 2017, the Fifth Circuit Court of Appeals reinstated part of a Mississippi state prisoner’s lawsuit complaining of inadequate mental health treatment at the South Mississippi Correctional Institution (SMCI). Johnny Carl Grogan was incarcerated at …
Article • April 23, 2018
Reason for Missing Deadline Did Not Reach Level of Excusable Neglect by David Reutter by David Reutter The First Circuit Court of Appeals held that the plaintiff’s failure to oppose the defendant’s motion for summary judgment in a timely fashion could not be considered excusable neglect. Patrick Skrabec was arrested …
Article • March 6, 2018 • from PLN March, 2018
Summary Judgment Reversed for Delay in Treating Prisoner in Extreme Pain by The Seventh Circuit Court of Appeals reversed summary judgment in favor of a guard and a nurse in a civil rights action alleging they were deliberately indifferent to a prisoner’s serious medical needs and unnecessarily prolonged his suffering. …
Article • March 6, 2018 • from PLN March, 2018
Ineffective Treatment of Ohio Prisoner’s Psoriasis Defeats Summary Judgment by The Sixth Circuit Court of Appeals held on July 16, 2017 that an Ohio prisoner presented sufficient evidence to survive summary judgment in a claim that prison medical officials chose a less efficacious treatment method. Ohio prisoner Kevin Darrah was …
Brief • February 1, 2018
Filed under: Voting, Summary Judgment
Hand v. Scott, FL, Order for Summary Judgment, Voting Rights, 2018 Case 4:17-cv-00128-MW-CAS Document 144 Filed 02/01/18 Page 1 of 43 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JAMES MICHAEL HAND, et al., Plaintiffs, v. Case No. 4:17cv128-MW/CAS RICK SCOTT, in his official capacity as Governor of …
Article • January 31, 2018 • from PLN February, 2018
Seventh Circuit: No Summary Judgment for 11-Year ACL Surgery Denial by The Seventh Circuit Court of Appeals has vacated a summary judgment order in favor of three prison doctors and a warden who denied a prisoner ACL surgery for over a decade. Illinois state prisoner Herbert Diggs injured his right …
Article • January 8, 2018 • from PLN January, 2018
Seventh Circuit: Injured Federal Detainee Meets Negligence Standard in Fall from Stool by On June 23, 2017, the Seventh Circuit Court of Appeals held a detainee in the custody of the U.S. Marshals Service met the criteria for application of the res ipsa loquitur doctrine, and the record would permit …
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