Skip navigation

Search

133 results
Page 3 of 7. « Previous | 1 2 3 4 5 6 7 | Next »

Article • September 15, 2009
Deliberate Indifference Suit Gets Mixed Ruling on Appeal by On November 24, 2008, the Ninth Circuit U.S. Court of Appeals delivered a mixed ruling in an appeal involving Washington state prisoner, Samuel D. Martin. The appeal arose following a district court's sua sponte dismissal of Martin's § 1983 claim against …
Court Allows Deliberate Indifference Claim for Denial of Medication to Proceed by U.S. Magistrate Judge B. Janice Ellington has allowed a 42 U.S.C. § 1983 action to move beyond screening. The action, brought by a former Nueces County Jail prisoner, alleges that jail officials were deliberately indifferent in providing the …
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 …
Article • July 15, 2009
Denial of Application to Proceed In Forma Pauperis Constitutes a “Strike” Under PLRA by A denial of leave to proceed in forma pauperis (IFP) constitutes a “strike” under the Prison Litigation Reform Act’s (PLRA) IFP provisions, the Ninth Circuit held July 14, 2008. Louis O’Neal brought suit against a California …
§ 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
Eighth Circuit Reverses PLRA Three-Strikes Ruling by On June 6, 2007, the Eighth Circuit Court of Appeals reversed the dismissal of a prisoner’s 42 U.S.C. § 1983 civil rights action because the district court had incorrectly calculated that the prisoner had accumulated three strikes under the PLRA. Frank R. Owens, …
Article • August 15, 2008
Plaintiff Barred “For Life” from Filing Lawsuits Without Court Permission by The plaintiff has filed 34 federal civil lawsuits, 17 of which have been dismissed as frivolous; two are proceeding to trial; others have been dismissed for failure to prosecute or to comply with court orders. This lawsuit largely repeats …
Challenge to Nebraska Work Release Fees Dismissed by The plaintiff was placed on work release; he was required to sign a statement acknowledging that room and board would be deducted from his inmate account, and $2,790 was removed from his account. Due process was not denied. The program was voluntary, …
Retaliation for Frivolous Litigation Okay by The plaintiff had three prior dismissals, disqualifying him from IFP status. The court directs that he pay the entire filing fee even though his complaint is dismissed as frivolous and IFP status is denied. An allegation of confinement to segregation or deprivation of minor …
Prosecutor Immune from Suit Where Charges Dropped on Appeal by The plaintiff was prosecuted and convicted of assault on a staff member and sentenced to an additional eight months in jail; on appeal the charges were dropped. The plaintiff sued the prosecutor and those who brought the charges. The prosecutor …
Article • August 15, 2008
Non Payment of Filing Fees Can Justify Ban on New Litigation by A "serial litigator" who hasn't paid his past filing fees because he spends his money as fast as he gets it could be prohibited from bringing additional actions until he pays all the back fees. The court does …
Article • August 15, 2008
Fee Award Against Frivolous Prisoner Litigant Reduced by The court had awarded fees of almost $2900 against the plaintiff after ruling against him on the merits of his claims. The Fourth Circuit reversed and held that the 12 factors listed in Johnson v. Georgia Highway Express must be applied. The …
Article • August 15, 2008
PLRA “Three Strikes” Rule Not Ex Post Facto by The PLRA three strikes provision does not violate the prohibition against Ex Post Facto laws (citing prior decision in Rivera v Allin) At 1193: The existence of "imminent danger of serious physical injury" is not to be assessed as of the …
Article • August 15, 2008
Federal Prisoner's Multiple Dismissals for Failure to Prosecute / Respond Not Strikes under PLRA by James A. Butler, a federal prisoner, moved to proceed in forma pauperis (IFP) in federal district court in a civil action. Since he had had over 15 previous federal actions in which he was proceeding …
Article • August 15, 2008
D.C. Circuit Reverses Res Judicata Dismissal; Failure to Treat HCV Constitutes “Imminent Danger” by The United States Court of Appeals for the D.C. Circuit reversed a lower court’s dismissal of a pro se prisoner’s suit, on res judicata grounds. The court also granted the prisoner leave to appeal in forma …
Article • August 15, 2008
PLRA Three Strikes Law Constitutional by The plaintiff is barred by the three strikes provision, which is not unconstitutional, holds the court in an insubstantial opinion. See: Demos v. John Doe/Manufacturers/Skoal/Copenhagen Pipe & Tobacco, 118 F.Supp.2d 172, 2000 U.S. Dist. LEXIS 16287
Article • August 15, 2008
Voluntary Dismissals Subject to PLRA by The plaintiff sought voluntary dismissal The court says such a motion doesn't absolve him of the consequences of his actions under the PLRA, and notes his prior pattern of seeking voluntary dismissal (7 of 20 cases), characterizing it as "strategic" and done after court …
Congress Must Act to Protect Young Detainees from Abuse by Marian Edelman by Marian Wright Edelman Posted May 19, 2008 In recent years, the Children's Defense Fund has received horrifying reports of the physical and sexual abuse of children and teens in juvenile correctional facilities. There are accounts of children …
Tennessee Court Enjoins Prisoner's Litigation by The court publishes its order re filing fees, finds the case frivolous, declares the plaintiff subject to the three strikes rule, and then imposes a requirement that she seek leave of court to file any future actions The court says that 1915(g) has lowered …
Page 3 of 7. « Previous | 1 2 3 4 5 6 7 | Next »