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Article • July 1, 2018 • from PLN July, 2018
Fifth Circuit Partially Reinstates Mississippi Prisoner’s Suit Over Inadequate Mental Health Care by On September 29, 2017, the Fifth Circuit Court of Appeals reinstated part of a Mississippi state prisoner’s lawsuit complaining of inadequate mental health treatment at the South Mississippi Correctional Institution (SMCI). Johnny Carl Grogan was incarcerated at …
Article • April 23, 2018
Reason for Missing Deadline Did Not Reach Level of Excusable Neglect by David Reutter by David Reutter The First Circuit Court of Appeals held that the plaintiff’s failure to oppose the defendant’s motion for summary judgment in a timely fashion could not be considered excusable neglect. Patrick Skrabec was arrested …
Article • March 6, 2018 • from PLN March, 2018
Summary Judgment Reversed for Delay in Treating Prisoner in Extreme Pain by The Seventh Circuit Court of Appeals reversed summary judgment in favor of a guard and a nurse in a civil rights action alleging they were deliberately indifferent to a prisoner’s serious medical needs and unnecessarily prolonged his suffering. …
Article • March 6, 2018 • from PLN March, 2018
Ineffective Treatment of Ohio Prisoner’s Psoriasis Defeats Summary Judgment by The Sixth Circuit Court of Appeals held on July 16, 2017 that an Ohio prisoner presented sufficient evidence to survive summary judgment in a claim that prison medical officials chose a less efficacious treatment method. Ohio prisoner Kevin Darrah was …
Brief • February 1, 2018
Filed under: Voting, Summary Judgment
Hand v. Scott, FL, Order for Summary Judgment, Voting Rights, 2018 Case 4:17-cv-00128-MW-CAS Document 144 Filed 02/01/18 Page 1 of 43 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JAMES MICHAEL HAND, et al., Plaintiffs, v. Case No. 4:17cv128-MW/CAS RICK SCOTT, in his official capacity as Governor of …
Article • January 31, 2018 • from PLN February, 2018
Seventh Circuit: No Summary Judgment for 11-Year ACL Surgery Denial by The Seventh Circuit Court of Appeals has vacated a summary judgment order in favor of three prison doctors and a warden who denied a prisoner ACL surgery for over a decade. Illinois state prisoner Herbert Diggs injured his right …
Article • January 8, 2018 • from PLN January, 2018
Seventh Circuit: Injured Federal Detainee Meets Negligence Standard in Fall from Stool by On June 23, 2017, the Seventh Circuit Court of Appeals held a detainee in the custody of the U.S. Marshals Service met the criteria for application of the res ipsa loquitur doctrine, and the record would permit …
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 …
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