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Sua Sponte Dismissal for Factual Frivolity Appropriate Only if Facts Alleged Are Clearly Baseless by Sua Sponte Dismissal for Factual Frivolity Appropriate Only if Facts Alleged Are Clearly Baseless Billie Elliott is a prisoner at the Lansing Correctional Facility (LCF) in Lansing, Kansas. LCF mailroom guards denied him several issues …
Article • May 15, 2007
Correctional Institution's Security Concerns Can Override Rights To Free Speech, Political Expression by Correctional Institution's Security Concerns Can Override Rights To Free Speech, Political Expression Indiana State prisoner Eric Smith appealed the 2005 dismissal of his complaint for constitutional violation of right to free speech by Department of Corrections (DOC) …
Exposure to Cold, Elements and Denial of Religious Activities States Claim by The court of appeals for the Fifth circuit held that a district court wrongly dismissed as frivolous a lawsuit by Texas prisoners claiming they were exposed to bitter cold, rain and wind through broken windows in the segregation …
Article • May 15, 2007
Medical Co-Pay Challenge Dismissed, Denial of Medication & Surgery Remanded by Medical Co-Pay Challenge Dismissed, Denial of Medication & Surgery Remanded The court of appeals for the Ninth circuit held that a challenge to a Nevada prison policy charging prisoners $3 each time they sought medical attention was frivolous where …
Article • May 15, 2007
IFP Complaint Not Dismissible Sua Sponte for Failure to State a Claim by The U.S. Supreme Court upheld a Seventh Circuit Court of Appeals decision that a complaint filed in forma pauperis is not automatically rendered frivolous because it fails to state a claim. Litigation by an Indiana prisoner alleged …
Dismissal for Frivolousness is Basis for Res Judicata by The U.S. Seventh Circuit Court of Appeals held that a 42 U.S.C. § 1983 suit by a civilly-committed person filed against officials of the Wisconsin Department of Health and Family Services (WDHFS) was barred by res judicata because a prior suit …
Article • May 15, 2007
No Forfeiture of Good Time for Frivolous Habeas in Texas by Matthew Clarke by Matthew T. Clarke The Texas Court of Criminal Appeals (CCA) has held that the statute providing for forfeiture of good time belonging to a prisoner who filed a frivolous lawsuit does not apply to state habeas …
Exposure to Smoke, Retaliatory Discipline and Dish Washing Claims Dismissed by Complaints of "sporadic and fleeting" exposure to second hand smoke on bus rides were properly dismissed as frivolous absent "competent evidence that [the plaintiff's] intermittent exposure to smoke during bus rides was an unreasonable risk to his health." (498) …
Article • January 15, 2004 • from PLN January, 2004
Frivolous Litigator Must Prepay Appellate Filing Fees by Frivolous Litigator Must Prepay Appellate Filing Fees A divided Tenth Circuit U.S. Court of Appeals ruled that a prisoner who had been labeled a "three strikes" frivolous litigator could raise a jurisdictional appellate question, but he could not gain an appellate ruling …
Texas Court Abused Discretion by Dismissing Prisoner's Retaliation Suit by by Matthew T. Clarke A Texas state court of appeals has held that the trial court abused its discretion when it dismissed a prisoner's suit that alleged retaliation for accessing federal courts. Angel Martinez Vacca, a Texas state prisoner, filed …
Gay Visiting Rule Challenged by The Ninth Circuit U.S. Court of Appeals reversed the U.S. District Court's (D.Ariz.) Fed.Rules Civ.Proc. Rule 12(b)(6) dismissal of an equal protection claim raised by an Arizona prisoner and his gay visitor who were denied the right to kiss and hug during prison visits solely …
New York County Liable for Jail Strip Searches by A U.S. district court in New York granted a former prisoner's motion to amend his complaint in a suit involving strip searches and blasted Orange County attorneys for making frivolous arguments against it. Jaime Murcia was mistakenly arrested on a Federal …
Article • April 15, 2002 • from PLN April, 2002
Florida's Prisoner Indigency Statute Unconstitutional by The Florida Supreme Court, in two separate cases, has held that Florida's Prisoner Indigence Statute (PIS) is unconstitutional, and ordered reinstatement of cases dismissed for failing to comply with PIS. Prisoner Douglas M. Jackson, Sr., filed a writ of mandamus seeking to compel the …
Maryland Court Ruling on Tobacco Smoke Prompts Settlement by A Maryland federal district court's ruling denying summary judgment in an "environmental tobacco smoke" (ETS) case has prompted the Maryland Department of Public Safety and Correctional Services (DOPSACS) to ban tobacco, matches, and lighters at all Maryland state prisons, effective June, …
Retaliation Complaint Not Frivolous if Not Irrational or Wholly Incredible by The Seventh Circuit Court of Appeals reversed the District Court's dismissal of Illinois prisoner Terry Johnson's 42 USC §1983 complaint wherein he complained nurse Debbie Stovall filed false disciplinary charges against him in retaliation for his having filed a …
Article • July 15, 2001 • from PLN July, 2001
Defendants' Attorney Fee Award Must Be Supported by Record by The court of appeals for the Tenth circuit held that district courts who award civil rights defendants attorney fees must explain the basis for the award. G. Sam Houston is a Colorado prisoner convicted of assorted sex crimes against children. …
Improperly Installed Bunks State 8th Amendment Claim by The court of appeals for the Sixth circuit held that a prisoner's complaint that bunk beds are improperly installed upside down, and the anchor bolts' protrusion into the sleeping area states an eighth amendment claim. Tennessee prisoner Forrest Zayne Brown filed a …
Article • December 15, 2000 • from PLN December, 2000
Dismissal for Texas Prisoner's Failure to State Facts of Prior Suits by A Texas state court of appeals has held that a prisoner's lawsuit may be dismissed as frivolous because the prisoner failed to list the operative facts of his previous lawsuits, identify the parties involved, and state whether the …
Dismissal of Medical Claim Reversed After Prisoner's Death by The Court of Appeals for the Tenth Circuit held that a district court erred when it dismissed a lawsuit, filed by the estate of a Wyoming prisoner, that claimed prison officials showed a deliberate indifference to his medical needs relating to …
Article • August 15, 2000 • from PLN August, 2000
Attorney Fee Award Against Prisoner Reduced by A federal court in Virginia reduced an attorney fees award against a prisoner who filed a factually frivolous suit from $28,719 to $900. John McGlothin, a Virginia state prisoner, filed a civil rights suit under 42 U.S.C. § 1983 against the warden and …
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