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Article • September 15, 2009
Texas Court of Appeals Orders Clerk to File Prisoner's Notice of Appeal by On November 26, 2008, a Texas court of appeals granted a petition for a writ of mandamus and ordered the District Clerk of Walker County, Texas, to file a prisoner's pro se notice of appeal. Clifford Allen …
Ion Spectrometry Suit Survives Initial Screening by A lawsuit challenging the Bureau of Prisons’ (BOP) use of ion spectrometry equipment has survived screening under 28 U.S.C. §1915A. Chris Dehmer, a federal prisoner, sued the BOP after he was denied visitation after one of his visitors tested positive for drugs on …
Eleventh Circuit Reverses Dismissal of 8th Amendment Medical Indifference Claim by The U.S. Court of Appeals for the Eleventh Circuit has reversed the dismissal of a lawsuit brought by a federal prisoner alleging deliberate indifference to his serious medical needs. Enrique Acosta brought suit against unknown named personnel of the …
Article • May 15, 2009
New York Jury Dismisses Secondhand Smoke Claim by On May 9, 2008, a New York jury unanimously ruled in favor of the City in a claim filed in 2001 by 78-year-old Raymond Marques, known as "Spanish Raymond" in his heyday as the alleged chief of the Spanish Harlem numbers racket …
Ninth Circuit Reverses §1915 Dismissal of Retaliation Claim by The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a prisoner’s retaliation claim for failure to state a claim under 28 USC sec. 1915(e). Nevada prisoner Russell Cohen sued prison officials in federal court, alleging that they “retaliated …
Article • April 15, 2009
$23,000 in Costs Assessed Against Ex-Prisoner for Scam Lawsuit by A Georgia federal district court has taxed costs of $23,000 against an ex-prisoner after a jury entered a verdict for prison officials. The jury’s verdict rejected the prisoner’s claim of cruel and unusual punishment and accepted the prison officials’ claim …
$7,500 Settlement After Colorado Federal Prisoner Beaten At Florence Facility by Colorado federal prisoner Marion Bryant, Jr., brought a combined Bivens, 42 U.S.C § 1983 and federal tort action against federal guards and officials for excessive force in 1997. He alleged cruel and unusual punishment leading to injury, as well …
Article • February 15, 2009
Indiana Prisoner Entitled to Seek Public Prison Records by Indiana’s Third District Court of Appeals held it was error to dismiss a prisoner’s complaint seeking to compel prison officials to allow him to inspect and copy public records. In 2004, Eric D. Smith, a prisoner at Indiana’s Maximum Control Facility …
§ 1983 & Bivens Procedural Defaults Under § 1915 Must State Specificity For Dismissal by Bob Williams By: Bob Williams District of Columbia (Washington) prisoners Michael and Charles Thompson individually motioned for leave to proceed in forma pauperis (IFP) to appeal their 42 U.S.C. § 1983 dismissals. The government argued …
§1915 "Three Strikes" Rule Precluding In Forma Pauperis Filing Not Unconstitutional by New York State pro se prisoner Wilfredo Polanco petitioned for leave to proceed in form pauperis (IFP) and for appointment of counsel to appeal the denial of IFP status in a lawsuit against the state's Department of Correctional …
Article • January 15, 2009
Delaware Prisoner’s Medical Claim Reinstated by by David M. Reutter The Delaware Supreme Court has reversed a New Castle County Superior Court’s summary dismissal of a prisoner’s lawsuit raising medical negligence and constitutional claims, which alleged prison authorities had failed to treat his serious medical needs. Delaware Correctional Center (DCC) …
Article • August 15, 2008
No Sanctions for Meritless Motion to Strike by The pro se plaintiff should not be sanctioned for filing a meritless motion to strike. The motion was obviously modeled after a sample Rule 12(f) motion and appeared to be a misguided attempt to respond to the defendants' answers in the appropriate …
Stay Pending Qualified Immunity Interlocutory Appeal Rejected in Arizona Prisoner Death Suit by Maricopa County (Arizona) Sheriff Joseph Arpaio filed a motion to stay litigation pending an interlocutory appeal on the denial of qualified immunity in a lawsuit filed by the parents of Tent City prisoner Phillip Wilson, who was …
Article • June 15, 2008 • from PLN June, 2008
Texas Prisoner’s Hepatitis C Claim Not Frivolous, Fifth Circuit Holds by A Texas prisoner’s claim alleging that his civil rights were violated by the denial of hepatitis c treatment based on policy decisions rather than on medical factors was not frivolous, the U.S. Fifth Circuit Court of Appeals held, in …
Article • December 15, 2007
Texas Prisoners Have No Lawful Right To Their Own Records by Pro se Texas State prisoner Kenneth Hickman appealed a court's dismissal of his action to compel Warden David Moya to produce records regarding an alleged false prison report. The court affirmed judgment dismissing his action as frivolous. After his …
South Carolina Litigation Act Does Not Apply to Post-conviction Proceedings by South Carolina state prisoner Stacy Wade pled guilty to various drug charges. Without filing a direct appeal, he filed for post conviction relief (PCR) for allegedly being coerced into the plea bargain. Wade's testimony of coercion at his PCR …
Article • December 15, 2007
Filing of Lawsuits Generally Protected Under First Amendment by At 1080 n. 4: "... [T]he First Amendment generally immunizes the act of filing a lawsuit from tort liability under the Noerr-Pennington doctrine. ... Only 'sham' lawsuits fall outside the Noerr-Pennington cloak of immunity. ... A lawsuit is a 'sham' if …
Article • May 15, 2007
Dismissal Of Actions Before Issuance Of Summonses Improper by The U.S. Ninth Circuit Court of Appeals held that a district court erred in dismissing on its own motion a prisoner's pro se civil rights actions. Harry Franklin, an Oregon state prisoner, filed 33 pro se actions in district court. The …
§ 1983 Complaint Not Frivolous, Stated Claim, Can Be Amended by The U.S. Court of Appeals for the Sixth Circuit held that a prisoner's civil rights suit was not frivolous, that it stated a claim, and that the prisoner could amend his complaint a third time. Richard Lawler, an Ohio …
Article • May 15, 2007
Limit On Free Filings Upheld, Dismissal For Frivolousness, Nonprosecution Reversed by Limit On Free Filings Upheld, Dismissal For Frivolousness, Nonprosecution Reversed The U.S. Ninth Circuit Court of Appeals upheld a district court's order limiting a prisoner to six in forma pauperis filings per year, but reversed and remanded several of …
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