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Article • February 15, 1999 • from PLN February, 1999
Samuels v. Mockry Reversed Once Again by The court of appeals for the second circuit held that an issue of fact as to whether prison officials acted with a retaliatory animus when they placed a prisoner in the "Limited Privileges Program" (LPP), precluded summary judgment for the defendants. This is …
Settlement in Washington State Deaf Prisoners' Lawsuit by Jeff Crollard Aclass action lawsuit was settled on behalf of deaf and hearing-impaired prisoners in Washington State on September 3, 1998. The settlement agreement obligates the Washington State Department of Corrections to provide qualified sign language interpreters and assistive devices, such as …
Duffy v. Riveland: Some Comments Regarding the Court's January 20, 1998 Summary Judgment Ruling by Leonard Feldman By Leonard J. Feldman On January 20, 1998, the district court in Duffy v. Riveland granted summary judgment on a state law claim presented by plaintiff Sean Duffy. The Court found that it …
Article • February 15, 1999 • from PLN February, 1999
California Gas Chamber Ruling Vacated by In the April, 1995, issue we reported Fierro v. Gomez , 865 F. Supp. 1387 (ND CA 1994), affirmed at 77 F.3d 301 (9th Cir. 1996)[ PLN , Nov. 1996] which held that California's gas chamber was an unconstitutional means of execution. The supreme …
PLN Writer Settles Nude Photo Suit for $3,000 by On June 2, 1998, a Florida prisoner and Assistant Attorney General struck a settlement deal in the midst of a federal trial. The prisoner regained possession of two nude photos confiscated by DOC officials in 1993 and received approximately $3,000 in …
$15,001 Excessive Force Verdict Affirmed by The court of appeals for the First circuit affirmed a jury verdict awarding $15,001 in damages to a prisoner beaten by prison guards. The court affirmed several evidentiary rulings by the district court excluding evidence of a disciplinary hearing guilty plea by the plaintiff …
AEDPA Statute of Limitations Tolled by The court of appeals for the Third circuit held that the one year statute of limitations in which to file a federal habeas corpus petition is a statute of limitation subject to tolling. In 1994 Frank Miller, a New Jersey state prisoner, was found …
PLRA Allows Fees on Fees in Failure to Protect Suit by The court of appeals for the Third circuit held that the Prison Litigation Reform Act (PLRA) allows lawyers to collect attorney fees in litigating attorney fee awards. The practice is sometimes referred to as "fees on fees." The court …
Article • December 15, 1998 • from PLN December, 1998
Movant Bears Summary Judgment Burden by The court of appeals for the Second Circuit held that the party moving for summary judgment bears the burden of showing it is entitled to judgment and a district court erred in dismissing a prisoner's court access claims. The court also held that the …
No Interlocutory Appeal of Disputed Facts by The Court of Appeals for the Ninth Circuit held that prison officials may not appeal a district court's denial of their motion for summary judgment based on qualified immunity when the denial is due to disputed issues of material fact. Larry Thomas, a …
No Liberty Interest in Ohio Visiting Rules by Afederal district court in Ohio held that Ohio state visiting rules do not create a liberty interest in visitation. Melissa Blair is a former Ohio prison guard married to Ohio prisoner Lemont Blair. The Blairs' visiting privileges were suspended after prison officials …
Guard Awarded $300,000 for ETS Exposure in ADA Suit by Afederal district court in New York held that an asthmatic prison guard was "disabled" under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., but compensation under 42 U.S.C. § 1981a(b)(3) could not exceed $300,000. The court …
Article • December 15, 1998 • from PLN December, 1998
Deportation Moots Federal Habeas Appeal by The Court of Appeals for the Seventh Circuit has ruled that deportation, during the appeal from the denial of a petition for a writ of habeas corpus by a state prisoner, moots the appeal. Fabio Diaz, a citizen of the Dominican Republic, was an …
Article • December 15, 1998 • from PLN December, 1998
Filed under: Civil Procedure, Complaints
Pro Se Tips and Tactics - Motions to Dismiss by John Midgley 1. Rule 12(b)(6) Motions To Dismiss For Failure To State A Claim In some prison cases filed pro se by prisoners, the defendants will file a "motion to dismiss for failure to state a claim." In cases filed …
Article • December 15, 1998 • from PLN December, 1998
Preliminary Injunction Granted in Kosher Diet Claim by Prisons must provide a diet which conforms to prisoners' sincerely held religious beliefs according to a federal court in Colorado. Charles Beerheide, Sheldon Perlman, and Allen Fistell, Colorado state prisoners who are Orthodox Jews, filed suit under 42 U.S.C. § 1983, alleging …
Article • December 15, 1998 • from PLN December, 1998
Rule 12(b) Dismissal Requires Inability to Prove Claim by The Second Circuit has held that a civil rights claim may only be dismissed under Federal Rules of Civil Procedure 12(b)(6) for failure to state a claim if it is beyond doubt that the plaintiff can prove no set of facts …
Segregated Prisoners Retain Religious Congregation Rights by Prisoners in disciplinary segregation (keeplock) in the Second Circuit have a clearly established right to attend religious services according to a New York federal district court. The court also required the attorney general's office to explain why it should not be sanctioned for …
Qualified Immunity No Protection for ADA Injunctive Claims by In the October, 1998, issue of PLN we reported Rouse v. Plantier , 987 F. Supp. 302 (D NJ 1997) which involves a class action lawsuit challenging the adequacy of treatment that diabetic prisoners receive in New Jersey state prisons. In …
Article • December 15, 1998 • from PLN December, 1998
Untimely Jury Demand Must be Fairly Considered by Untimely Jury Demand Must Be Fairly Considered According to the Seventh Circuit, a district court must fairly consider a pro se prisoner's untimely request for jury trial. The court also held that the prisoner's failure to answer defendants' motion for summary judgment …
Filing • December 11, 1998
Catalyst, PLN, Piper v. Box Elder Co., et al., UT, Settlement, censorship, 1998
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