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Article • July 15, 2002 • from PLN July, 2002
PLRA Filing Fee Due for Each Separate Appeal by by John E. Dannenberg The Second Circuit US Court of Appeals held that a prisoner filing multiple appeals in the same 42 U.S.C. §1983 civil rights action must pay the full filing fee for each separate appeal. Elvin Lebron, a prisoner …
Article • July 15, 2002 • from PLN July, 2002
No Jurisdiction for Interlocutory Appeal Over Medical Treatment by The Court of Appeals for the Eighth Circuit has held that it lacks jurisdiction to hear an interlocutory appeal filed by a prison doctor. Maurice Moore, an Iowa state prisoner, filed suit, under 42 U.S.C. § 1983, against a prison doctor …
No Jurisdiction for Appeal When Qualified Immunity Not Denied by by Matthew T. Clarke The Court of Appeals for the Eighth Circuit has ruled that it has no jurisdiction to hear an interlocutory appeal of a partial denial of a motion for summary judgment when the district court did not …
No Qualified Immunity in Illinois Denial of Exercise Claim by The Seventh Circuit Court of Appeals has upheld a Northern District of Illinois Federal District Court decision to deny qualified immunity to prison officials at Stateville Correctional Center (SCC) in Illinois. The underlying case, Delaney v DeTella , 123 F.Supp.2d …
Article • July 15, 2002 • from PLN July, 2002
Qualified Immunity, Collateral Orders Not Reviewable on Interlocutory Appeal by For want of jurisdiction, the Tenth Circuit Court of Appeals has dismissed the interlocutory appeal of a Bureau of Prisons (BOP) medical director from a district court's denial to the director of summary judgment based on qualified immunity and a …
Article • July 15, 2002 • from PLN July, 2002
Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim by Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim Finding that a guard deliberately labeled a prisoner as a snitch, the Tenth Circuit held the prisoner's Eighth Amendment rights were violated, the prisoner's fear of assault stated an Eighth Amendment …
Deputy Causing Loss of Fingertip States Federal and State Claims by by Matthew T. Clarke A federal district court in North Carolina has ruled that a prisoner who lost his fingertip when a deputy slammed a cell door window cover on his finger has stated a proper claim under state …
Article • July 15, 2002 • from PLN July, 2002
Washington Court of Appeals Adopts Federal "Mailbox Rule" by The federal mailbox rule deems pro se prisoners' pleadings as "filed" at the time they are deposited for mailing in the prison mail system, instead of when they are received by the court clerk. As a matter of first impression, the …
Article • July 15, 2002 • from PLN July, 2002
Frivolous Dismissal Reviewed Under Abuse of Discretion Standard by The court of Appeals for the Eleventh Circuit has held that a district court's dismissal of a prisoner's 42 U.S.C. § 1983 suit for frivolousness is reviewed by the abuse of discretion standard. It also held that the prisoner's litigation history …
Sanction for Lawyers' Exposing Secret Wackenhut Sexual Abuse Settlement Upheld by by Matthew T. Clarke The Court of Appeals for the Fifth Circuit upheld the district court's sanctions against the prisoners' lawyers in a suit against Wackenhut Corrections Corporation (WCC) after the lawyers revealed the terms of a secret settlement …
$540,000 Settlement in Minnesota Jail Beating by Robert Woodman In October 2001, Hennepin County, Minnesota, agreed to pay $540,000 to settle a brutality suit against the county jail. It is believed to be the largest brutality settlement in county history. On September 4, 2000, Derek Martin, 43, was arrested on …
Article • June 15, 2002 • from PLN June, 2002
Two Federal Courts Grant Injunction for HCV Treatment by A federal court in Oklahoma issued an unpublished opinion granting a preliminary injunction ordering prison officials to provide prescribed medications for a prisoner's liver disease. Another federal court in Ohio issued an unpublished opinion granting a preliminary injunction ordering prison officials …
Summary Judgment Denied in Ohio Jail Booking Fee Challenge by Robert Woodman In a case of first impression, an Ohio Federal District Court denied summary judgment to the Hamilton County [Ohio] Sheriff and the Hamilton County Board of Commissioners in a former jail prisoner's challenge to Hamilton County's assessment of …
Article • June 15, 2002 • from PLN June, 2002
Third Circuit Vacates $300,000 Beating Award, Orders New Trial by by Matthew T. Clarke The Third Circuit Court of Appeals has vacated a $300,000 jury award in a prisoner's excessive-use-of-force suit and ordered a new trial for liability and damages. Raymond T. Pryer, a Pennsylvania state prisoner, filed a civil …
ADA/RA Suit for Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E Dannenberg ADA/RA Suit For Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E. Dannenberg The Eighth Circuit US Court of Appeals ruled that a deaf-mute Missouri State prisoner's ADA (Americans with Disabilities Act) and …
Article • June 15, 2002 • from PLN June, 2002
Tenth Circuit Vacates Religious Diet Awards Under PLRA Physical Injury Rule by by Matthew T. Clarke The Tenth Circuit held that the PLRA forbids recovery of compensatory damages for violations of the right to exercise a religious preference absent proof of physical injury. Jimmy Searles, a Kansas state prisoner, filed …
TDCJ Not Immune from Suit in Medical Malpractice Death Case by A Texas state court of appeals has held that the Texas Department of Criminal Justice (TDCJ) does not enjoy sovereign immunity from being sued in a medical malpractice/wrongful death case. Charles Edwin Miller, III, was a Texas state prisoner …
Article • June 15, 2002 • from PLN June, 2002
Texas Appeals Court Grants Prisoner Mandamus on Discovery by by Matthew T. Clarke A state appeals court in Texas has conditionally granted a prisoner's petition for a writ of mandamus to order the judge of a Texas state district court to hear and rule upon the prisoner's request for discovery …
Article • June 15, 2002 • from PLN June, 2002
Complaints Must Be Concise, To the Point by The court of appeals for the Eleventh circuit held that a district court erred when it dismissed a former pre trial detainee's Bivens suit for lack of jurisdiction and for failing to state a claim. The court chastised the plaintiff's attorney for …
Tenth Circuit Discusses Religious Rights in BOP by Yu Kikumura is a federal political prisoner and member of the Japanese Red Army, who has been greatly harassed by authorities during his incarceration. His religious practices mix Buddhism and Christianity. Beginning in 1997, Kikumura tried to obtain pastoral visits from Reverend …
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