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Article • May 15, 2007
Arizona Statue of Limitations Tolled Until Prisoner Knows of or Should Have Known of Right to Bring Suit by Arizona Statue of Limitations Tolled Until Prisoner Knows of or Should Have Known of Right to Bring Suit The Ninth Circuit Court of Appeals held that Arizona law tolls the statute …
Article • May 15, 2007
California Disability Statute Tolls Limitation Statute for §1983 Suit by California Disability Statute Tolls Limitation Statute for §1983 Suit The Ninth Circuit Court of Appeals held that California's Disability Statute, Cal. Civ. Proc. Code §352(a)(3), tolls California's one-year statute to file a 42 U.S.C. §1983 action. This action sought to …
Article • May 15, 2007
Filed under: Civil Procedure, Mandamus
FL Prisoner's Petition Deemed Filed When Given to Prison Officials by Florida's First District Court of Appeal held that a prisoner's petition for a writ of mandamus was timely filed under the "mailbox rule." The circuit court dismissed as untimely the underlying petition challenging disciplinary sanctions, which must be filed …
Article • May 15, 2007
Washington Prisoner Awarded $125 for Failure to Timely Respond to Public Records Request by Washington Prisoner Awarded $125 for Failure to Timely Respond to Public Records Request A Thurston County, Superior Court in Washington State awarded Airway Heights Correction Center prisoner Derek E. Grunquist $125 for a 114 business day …
Article • May 15, 2007
$750 Paid in Washington Public Records Case by The State of Washington agreed to pay $750 to Airway Heights Correctional Center (AHCC) prisoner Derek E. Gronquist for the failure of defendants Cly Evans and Sheree Raska to disclose public records that Gronquist had requested. Gronquist sought release of training records …
Article • May 15, 2007
Habeas Corpus Granted; State Used Wrong Standard to Convict by The U.S. Tenth Circuit Court of Appeals, reversing the federal district court of New Mexico, held that a New Mexico prisoner was wrongly convicted of child abuse when the state court applied the civil negligence standard rather than the criminal …
Due Process Required in Mail Censorship by The court of appeals for the Ninth circuit upheld the dismissal under FRCP 12(b)(6) of a California prisoner's lawsuit concerning the censorship of law rook catalogs the prisoner attempted to send his mother. The appeals court reversed the dismissal of the due process …
Article • May 15, 2007
State Tolling Statute Must be Applied to §1983 Suits by State Tolling Statute Must be Applied to §1983 Suits The United States Supreme Court has held that a federal court applying a state statute of limitations to a prisoner's federal civil rights action should give effect to the State's provision …
Article • May 15, 2007
Pro Se Complaints Held to Less Stringent Standards by The Supreme Court held that pro se complaints are to be held to less stringent standards than formal pleadings drafted by lawyers. Francis Haines, an Illinois state prisoner, filed suit under 42 U.S.C. § 1983, against Illinois prison officials, seeking damages …
Article • May 15, 2007
US Supreme Court Holds That There Is No Interlocutory Appeals on Municipal Liability by US Supreme Court Holds That There Is No Interlocutory Appeals on Municipal Liability The US Supreme Court held that Municipalities are not qualifiedly immune from suit, and that the appellate courts do not have authority to …
Article • May 15, 2007
US Supreme Court Held That Statutes Can Be Challenged Before Enforcement by The U.S. Supreme Court held that under the First Amendment plaintiffs have standing to mount pre-enforcement challenges to statutes and policies. The US Supreme Court's decision on a Virginia statute previously challenged in the Fourth Circuit by American …
Article • May 15, 2007
$10,000 Florida Jury Award for Injunction and Confinement by False Claim by On June 10, 2002, a Florida jury awarded a man $10,000 against his ex-wife for 191 days of imprisonment caused by her false accusations. Caryl and Marilyn Brown were being divorced in 1988. She falsely claimed he made …
Article • May 15, 2007
$10,000 Paid for Failure to Perform Washington Prisoner's Surgery by Washington Prisoner Austin Mora-Gonzales sued officials of the Washington Department of Corrections for failing to perform their duty to provide him with surgery or ameliorate the pre-existing spinal condition he had. On October 10, 2002, the WDOC settled the suit …
Article • May 15, 2007
Parolees' Claims for Sexual Assault Dismissed as Untimely by The U.S. Tenth Circuit Court of Appeals affirmed a Colorado District Court's dismissal of claims against officials of the Colorado State Department of Corrections (CSDOC) charged with concealing information about sexual assaults by a halfway house director. Four Colorado parolees claimed …
Genuine Issues of Material Fact Preclude Summary Judgment by The U.S. Court of Appeals for the Seventh Circuit held that summary judgment against a prisoner's §1983 claim was precluded by genuine issues of material fact. An Indiana state prisoner who was raped by other prisoners filed a §1983 action against …
Article • May 15, 2007
Consent Judgment Entered to Improve Confinement Conditions at MO Jail by A Missouri federal District Court approved a consent decree in litigation challenging conditions at the Jackson County Jail in Kansas City. The consent judgment requires jail authorities to: (1) fumigate the jail weekly for insects and rodents; (2) make …
Article • May 15, 2007
Unlawful Withdrawal of Prisoner's Funds Warrants Only Nominal Damages by The U.S. Sixth Circuit Court of Appeals affirmed an Ohio federal district court decision awarding only nominal damages to a state prisoner in an action alleging that Ohio corrections officials unlawfully withdrew money from the prisoner's account. Kenneth Brown, a …
Summary Judgment Reversed on Denial of Meals to Diabetic Prisoner by The U.S. Third Circuit Court of Appeals vacated and remanded summary judgment to Pennsylvania prison officials on claims that a prison guard denied a diabetic prison meals following the prisoner's receiving insulin injections. Robert McCargo is a Pennsylvania prisoner …
Tenth Circuit: Kansas Prisoner's Exercise, Newspaper Ban Claims Valid by In this case filed by a Kansas prisoner, the Tenth U.S. Circuit Court of Appeals held in an unpublished opinion that inadequate, outside exercise time and a total ban on newspapers possibly violated the prisoner's constitutional rights. Mitchell Thomas was …
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 …
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