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Article • January 8, 2018 • from PLN January, 2018
Eighth Circuit Vacates Summary Judgment Order in Detainee’s Wrongful Death Suit by In March 2017, the Court of Appeals for the Eighth Circuit vacated a summary judgment order in favor of jail officials on claims stemming from a detainee’s death. On February 23, 2012, Jerome Harrell reported to the jail …
Article • August 30, 2017 • from PLN September, 2017
Third Circuit Vacates Summary Judgment on SHU Strip Search Claims by The Court of Appeals for the Third Circuit reversed a summary judgment order in favor of prison officials who subjected prisoners in segregation to visual body-cavity searches three times a day. While confined in a Secured Housing Unit (SHU) …
Article • August 30, 2017 • from PLN September, 2017
Seventh Circuit Vacates Summary Judgment in Retaliatory Discipline Case by The Seventh Circuit Court of Appeals reversed summary judgment for the defendants on a prisoner’s retaliatory discipline claim, finding the district court erred in failing to compel prison officials to produce a security video which would have been dispositive evidence. …
Article • June 30, 2017 • from PLN July, 2017
Summary Judgment in Favor of Alabama Prison Officials Reversed; Writ of Mandamus Denied by Christopher Zoukis by Christopher Zoukis On September 16, 2016, the Court of Civil Appeals of Alabama reversed an order by the Montgomery Circuit Court granting summary judgment in favor of state prison officials in a lawsuit …
Seventh Circuit: Prison Doctor Not Entitled to Summary Judgment on Deliberate Indifference Claim by Lonnie Burton by Lonnie Burton On September 8, 2016, the Court of Appeals for the Seventh Circuit reversed a district court’s order granting summary judgment to a federal prison doctor who refused to adequately treat a …
Brief • March 30, 2017
Sharbaugh v. Beaundry, FL, Memo in Opposition to Defendant's MSJ, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA (Pensacola) RUSSELL K. SHARBAUGH, Plaintiff, : No. 3:16-CV-126 : : Chief Judge M. Casey Rodgers : Magistrate Judge Elizabeth M. Timothy : : CIVIL ACTION – LAW …
Eighth Circuit Upholds Dismissal of Minnesota Prisoner Medical Deliberate Indifference Lawsuit by On November 24, 2014, the Eighth Circuit U.S. Court of Appeals issued a ruling that affirmed a district court order granting summary judgment to Olmstead County, Minnesota defendants in a lawsuit in which the family of a deceased …
Article • March 14, 2017
Eighth Circuit Affirms Denial of Immunity to Prison Guard Sued for Calling Prisoner a "Snitch" by On December 16, 2014, the Eighth Circuit U.S. Court of Appeals ruled that a federal district court judge in Alabama correctly denied a motion for summary judgment to a state prison lieutenant who was …
Brief • February 2, 2017
Filed under: Summary Judgment
American Society for Testing and Minerals v. Public Resource Inc, DC, Memorandum Opinion, 2017 Case 1:13-cv-01215-TSC Document 175 Filed 02/02/17 Page 1 of 55 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN SOCIETY FOR TESTING AND MATERIALS, et al., Plaintiffs, v. PUBLIC.RESOURCE.ORG, INC., Defendant. AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, …
West Virginia Supreme Court Undermines Prisoners’ Right to Sue for Rape by West Virginia Supreme Court Undermines Prisoners’ Right to Sue for Rape In a March 27, 2014 decision, the Supreme Court for the state of West Virginia held that a female prisoner who claimed she had been raped multiple …
Article • November 18, 2015
Ohio Magistrate Finds for Plaintiff in Prisoner’s Deliberate Indifference Death by Ohio Magistrate Finds for Plaintiff in Prisoner’s Deliberate Indifference Death On November 21, 2012, a magistrate judge for the United States District Court Southern District of Ohio, hearing motions ancillary to a suit brought by the plaintiff, the mother …
Article • November 13, 2015
Florida Woman States Claim Against Man Running “Mug Shot” Websites for Advertising and Profit by Florida Woman States Claim Against Man Running “Mug Shot” Websites for Advertising and Profit The U.S. District Court for the Middle District of Florida has denied a defendant’s motion to dismiss Shannon Bilotta’s suit in …
First Circuit Reverses Summary Judgment for Retaliation Claim by First Circuit Reverses Summary Judgment for Retaliation Claim On February 6, 2013, the First Circuit Court of Appeals reversed summary judgment granted to Correctional Medical Services, Inc. ("CMS") for an alleged retaliation claim under the Americans with Disabilities Act. In spring …
Article • October 19, 2015
Pennsylvania Prisoner Loses Hepatitis C Deliberate Indifference Suit by Pennsylvania Prisoner Loses Hepatitis C Deliberate Indifference Suit Before a magistrate for the United States District Court for the Western District of Pennsylvania on December 9, 2013, Pennsylvania Department of Corrections’ officials and medical staff prevailed on several fronts in separate …
Nebraska District Court Rules on Medical Deliberate Indifference Case by Nebraska District Court Rules on Medical Deliberate Indifference Case On November 13, 2013, the United States District Court for the District of Nebraska denied in part and granted in part motions proffered by three different groups of defendants in a …
Article • October 9, 2015
$4.28 Awarded to Prisoner; Wins Summary Judgment by $4.28 Awarded to Prisoner; Wins Summary Judgment New Mexico state prisoner William McGhee sued state prison officials in federal court after they took $78.00 from his prison account to cover the cost of a damaged law book. McGhee asked for recovery of …
Article • September 24, 2015 • from PLN October, 2015
Due Process Violation for “Sham” Reviews During 13 Years in Segregation by David Reutter Due Process Violation for “Sham” Reviews During 13 Years in Segregation by David M. Reutter The Sixth Circuit Court of Appeals reversed a grant of summary judgment to prison officials on a due process claim, holding …
Filing • March 31, 2015
PLN v. Stolle, et al., VA, Summary Judgment, censorship, 2015 Case 2:13-cv-00424-MSD-TEM Document 84 Filed 03/31/15 Page 1 of 48 PageID# 3042 FILED ~ UNITED STATES DI STRICT COURT EASTERN DISTRICT OF VIRGINIA Norfolk Division CU:ht\, u:: ::;,s :-n. CT COURT i1CiP;:'°CLK, VA PRI SON LEGAL NEWS, a projec t …
Article • January 10, 2015 • from PLN January, 2015
Prisoner’s Request for Medical Care after Signing Refusal Form Precludes Summary Judgment by David Reutter Prisoner’s Request for Medical Care after Signing Refusal Form Precludes Summary Judgment by David M. Reutter The Eleventh Circuit Court of Appeals has reversed a summary judgment order for the defendants in a former prisoner’s …
Filing • December 8, 2014
PLN v. Stolle, et al., VA, partial summary judgment, censorship, 2014 Case 2:13-cv-00424-MSD-TEM Document 65 Filed 12/08/14 Page 1 of 48 PageID# 2677 UNITED STATES DISTRICT EASTERN DISTRICT OF FILED COURT VIRGINIA Norfolk Division PRISON LEGAL NEWS, CLERK, US DISTRICT COURT a project of the HUMAN RIGHTS DEFENSE .NORFOLK. VA …
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