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Filing • February 15, 2012
Filed under: Complaints
Nunuha v. CCA (Hawaii), Complaint 2012 INTRODUCTION Plaintiffs complain and allege as follows: 1. Bronson Nunuha was a citizen of Hawaii, born in Kahului on the island of Maui. Bronson died at the age of 26, in the Saguaro Correctional Facility (SCF) in Eloy, Arizona. He was stabbed more than …
Filing • January 13, 2012
Filed under: Complaints
Prison Legal News v. Columbia County, Complaint 2012 Case 3:12-cv-00071-SI 1 Document 1 4 Katherine C. Chamberlain, OSB# 042580 5 MacDonald Hoague & Bayless 705 Second Avenue, Suite 1500 Seattle, Washington 98104-1745 206-622-1604 7 Page ID#: 1 Marc D. Blackman, OSB # 730338 3 6 Page 1 of 24 marc~ransomblackman.com …
Filing • November 17, 2011
Filed under: Complaints
Countess Clemons v. Corrections Corporation of America, Complaint 2011 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE SOUTHERN DIVISION COUNTESS CLEMONS, Plaintiff, v. Case No.______________ JURY DEMANDED CORRECTIONS CORPORATION OF AMERICA, INC.; HAMILTON COUNTY, TENNESEE; PAUL JENNINGS; DANIEL GARCIA; JUANITA MONTGOMERY; TERESA SMITH; and (FIRST NAME …
Article • November 15, 2011
New York Prisoner’s Medical Experimentation Complaint Improperly Dismissed by The Second Circuit Court of Appeals reversed a New York federal district court’s dismissal of a prisoner’s claim that he was subject to “inhumane treatment” by having medical experiments conducted on him. The 1971 claim of prisoner Otis Clay was brought …
Filing • April 11, 2011
Filed under: Complaints, Intervention
Prison Legal News v. Berkeley Co Sheriff Dewitt, SC, Complaint in Intervention, censorship, 2011 2:10-cv-02594-MBS Date Filed 04/12/11 Entry Number 35-2 Page 1 of 15 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION ___________________________________ PRISON LEGAL NEWS, et. al., ) ) ) Plaintiffs; ) ) UNITED STATES OF …
Article • March 15, 2011
Settlement of 1997 Suit Kills 2001 Suit Says Ninth Circuit by The Ninth Circuit Court of Appeals affirmed a lower court’s holding that a 2002 Settlement Agreement regarding a 1997 complaint also covered claims in a 2001 complaint. Todd Ashker was confined in California’s Secured Housing Unit (SHU) at Pelican …
Article • January 15, 2011 • from PLN January, 2011
Mississippi Supreme Court Holds Substance, Not Label, of Prisoner Petitions Governs by Mississippi courts must construe prisoner filings based on their substance, and not how they are labeled, the Supreme Court of Mississippi decided. Dennis Dobbs, a Mississippi state prisoner, filed a “Petition for an Order to Show Cause” with …
Article • May 15, 2010
City of Monroe, Washington Ordered to Produce Requested Records by City of Monroe Ordered to Produce Requested Records On October 26, 2009, a Washington appellate court published its opinion affirming in part, reversing in part and remanding a complaint regarding that state's Public Disclosure Act (PDA). The original complaint was …
Blakely v. Kershaw County Sheriff's Office, SC, Complaint, Wrongful Death Due to Excessive Force by Police, 2010 STATE OF SOUTH CAROLINA ) ) ) COUNTY OF KERSHAW of the ) ) Plaintiff(s) ) Deloris Blakely, as Personal Representative Estate of Lori Jean Ellis IN THE COURT OF COMMON PLEAS CIVIL …
Article • January 15, 2010 • from PLN January, 2010
Second Circuit Establishes Anonymous Pleading Standards by by Mark Wilson In a case of first impression, the Second Circuit Court of Appeals established standards governing the use of pseudonyms in civil litigation. The Court endorsed the Ninth Circuit’s test of balancing a plaintiff’s interest in anonymity against the public’s interest …
Article • January 15, 2010 • from PLN January, 2010
Georgia Prisoners Must Use Court Promulgated Form to Initiate a Court Action by The Georgia Supreme Court has held that a trial court should have dismissed a mandamus petition filed by a prisoner against prison officials because the prisoner failed to use a form promulgated by the Administrative Office of …
Article • January 15, 2010
Late Amendment of Pleading Properly Quashed by A California Court of Appeals has upheld a trial court’s decision to quash an amended complaint naming several “Doe” defendants. The action, filed by A.N., alleged that A.N. was harmed while at juvenile hall in Los Angeles County. A.N. sought damages for negligence …
Article • January 15, 2010
Second Circuit Remands Iqbal v. Ashcroft for Possible Amendment by On July 28, 2009, the Second Circuit Court of Appeals remanded Iqbal v. Ashcroft to the district court for a determination of whether Iqbal should be granted leave to amend his complaint. Javaid Iqbal, a Muslim Pakistani, and Ehad Elmaghraby, …
Devoe v. Broaddus, CO, Second Amended Complaint, Medical Negligence, 2009 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00711-PAB-BNB DEBRA KAY DEVOE, Plaintiff, vs. MARK BROADDUS in his Individual Capacity as Warden, SUSAN ROBERTS in her Individual Capacity as CNM, NP, JENNIFER COUNTRYMAN-TRUJILLO, in …
Article • October 15, 2009
California Court Explains Interaction Between Prison Administrative Appeal, State Tort Claim, Notice of Suit and 42 U.S.C. § 1983 Remedies by California Court Explains Interaction Between Prison Administrative Appeal, State Tort Claim, Notice of Suit and 42 U.S.C. § 1983 Remedies In an unpublished opinion, the California Court of Appeal …
Article • October 15, 2009 • from PLN October, 2009
District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement by The U.S. Court of Appeals for the Second Circuit reversed a district court’s sua sponte dismissal of a prisoner’s challenge to his conditions of confinement. Sala-Thiel Thompson, a federal prisoner, filed a habeas petition under …
Article • October 15, 2009 • from PLN October, 2009
Clerk Erred in Refusing to File Unsigned 28 U.S.C. § 2255 Motion by Clerk Erred in Refusing to File Unsigned 28 U.S.C. § 2255 Motion The U.S. Court of Appeals for the Eleventh Circuit held that it was error for a district court clerk to refuse to file an unsigned …
Massachusetts Federal Court Dismisses DOC from Prisoner's Rape Suit; Amendment Allowed by On October 24, 2008, a Massachusetts federal court dismissed the claims against prison official defendants (defendants) by a former Massachusetts Department of Corrections (DOC) prisoner who allegedly had between 50 and 100 sexual encounters with a former guard. …
Article • August 15, 2009 • from PLN August, 2009
District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement by The U.S. Court of Appeals for the Second Circuit reversed a district court’s sua sponte dismissal of a prisoner’s challenge to his conditions of confinement. Sala-Thiel Thompson, a federal prisoner, filed a habeas petition under …
Supreme Court Holds Supervisory Officials Not Liable for Abuse of 9-11 Detainees by Matthew Clarke by Matt Clarke On June 14, 2007, the Second Circuit Court of Appeals affirmed in part and reversed in part a district court’s denial of the government’s motion to dismiss a lawsuit alleging abuse of …
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