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Article • January 15, 2010 • from PLN January, 2010
PLN Sues Texas Dept. of Criminal Justice Over Censorship; Court Upholds Rights of Book Distributors by Alex Friedmann On November 4, 2009, Prison Legal News filed suit in U.S. District Court for the Southern District of Texas against Brad Livingston, Executive Director of the Texas Dept. of Criminal Justice (TDCJ), …
Article • December 15, 2009
Prisoner Wrongful Death Suicide claim Dismissed as Untimely by In a decision filed on June 9, 2009, the West Virginia Supreme Court affirmed a circuit court's dismissal of a wrongful death claim filed by the estate of a prisoner who allegedly killed himself at a local jail because the case …
Statute of Limitations Bars Damages Claim for Voluntary Participation in Human Experiments; Ninth Circuit Reverses and Remands; Case Settles for $1.5 Million by An Oregon federal district court granted summary judgment against a former prisoner who brought suit on his behalf and that of a class of Oregon Department of …
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Interaction Between Prison Administrative Appeal, State Tort Claim, Notice of Suit and 42 U.S.C. § 1983 Remedies In an unpublished opinion, the California Court of Appeal …
Compensation for Wrongful Texas Conviction Not Barred by Prior Suit, Not Assignable by On June 8, 2007, the Texas Supreme Court held that compensation for wrongful imprisonment under Chapter 103, Texas Civil Practice and Remedies Code (CP&RC), was not barred by a previous lawsuit and settlement. However, such compensation was …
Article • October 15, 2009 • from PLN October, 2009
Fifth Circuit: Special Parole Review Request Doesn’t Toll AEDPA Limitations by The Fifth Circuit Court of Appeals held that improperly-filed state habeas corpus applications and requests to the parole board for special review do not toll the one-year AEDPA limitations period established by 28 U.S.C. § 2244(d). Barry Michael Wion, …
Second Circuit Reinstates New York Jail Guard’s Excessive Force Conviction by Matthew Clarke by Matt Clarke The Second Circuit Court of Appeals reinstated the federal conviction of a New York jail guard for intentionally using excessive force on a prisoner in violation of 18 U.S.C. § 242. Zoran Teodorovic, a …
Article • September 15, 2009
Statute of Limitations Applicable in Method of Execution Actions by On November 24, 2008, the Fifth Circuit U.S. Court of Appeals affirmed a district court's grant of summary judgment to the defendants in a § 1983 action brought by Mississippi death-row prisoners Alan Walker, Paul Woodward and Gerald Holland (Plaintiffs). …
Article • September 15, 2009
Supreme Court Holds False-Arrest § 1983 Suit Must Be Timely Filed Following Arrest, Not Subsequent Wrongful Conviction by Supreme Court Holds False-Arrest § 1983 Suit Must Be Timely Filed Following Arrest, Not Subsequent Wrongful Conviction The U.S. Supreme Court held that a state prisoner suing for wrongful arrest must file …
Title IX Does not Preclude § 1983 Action for Gender Discrimination by Title IX Does not Preclude § 1983 Action for Gender Discrimination The U.S. Supreme Court has held that Title IX does not preclude a 42 U.S.C. § 1983 action alleging unconstitutional gender discrimination in schools. The action stems …
BOP Failed to Protect Female Prisoner Informant from Rape, Sexual Abuse by Guards by Brandon Sample The federal Bureau of Prisons (BOP) was “woefully deficient” in failing to protect a female prisoner from sexual abuse by BOP guards, U.S. District Court Judge Cecilia M. Altonaga concluded in November 2008, following …
State Where Claim Arose Controls Section 1983 Limitations Period by The Seventh Circuit Court of Appeals has held that a Wisconsin prisoner who sued for injuries under 42 U.S.C. §1983 that occurred while at a Corrections Corporation of America (CCA) facility is bound by the statute of limitations of the …
Article • July 15, 2009
Washington State’s Public Records Exemption Suit Limitation Runs When Privilege Log Issued by The Washington State Supreme Court has held that the Public Records Act’s (PRA) one year limitation to challenge exemptions is not triggered until the agency subject to the request provides the requestor with a privilege log. The …
Article • July 15, 2009
Only Prosecutor from County Where Sex Offender was Convicted May Seek Civil Commitment by Only prosecuting attorneys in the county where a defendant was convicted of a sexually violent crime may petition to have an offender civilly committed, the Supreme Court of the State of Washington held May 1, 2008. …
Article • June 15, 2009
California Prison Guards' Dishonesty During Investigation Not Protected By Statute Of Limitations by The California Court of Appeal held that where California Department of Corrections and Rehabilitation (CDCR) prison guards and staff were timely charged with lying during an investigation relating to on-the-job misconduct, but their Notices of Adverse Action …
Article • May 15, 2009 • from PLN May, 2009
Ninth Circuit: “Supervised Release” is Not “Imprisonment” by The Ninth Circuit U.S. Court of Appeals has held that with respect to 18 U.S.C. § 3624(e), being on supervised release in a state community pre-release center did not toll a state prisoner’s concurrent federal supervised release. Since the plaintiff had therefore …
Article • April 15, 2009
Dismissal of Suit Alleging Sexual Abuse Affirmed on Statue of Limitation Grounds by On June 10, 2008, the U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of a suit alleging sexual abuse by a guard on statute of limitations grounds. Jill Coit, a Colorado prisoner, sued Joseph …
Motion To Amend Untimely In Washington DC Civil Case by A U.S. district court in Washington, D.C. held the Plaintiffs in a civil case against U.S. Marshals may not amend the complaint to insert named Marshals in their individual capacities. On September 27, 2002, Paul Bame, Gregory Keltner and Ivan …
Article • April 15, 2009
Section 2501 Imposes Jurisdictional Limitation for False Imprisonment; Claim Must Be Brought Within Six Years by The United States Court of Appeals for the Federal Circuit affirmed a lower court’s dismissal of a false imprisonment claim against the United States. Because the action was not brought within the six year …
Changes in Texas Parole Laws Violate Ex Post Facto Clause by Matthew Clarke by Matt Clarke On March 29, 2007, a federal court ruled that changes in Texas parole laws, practices and procedures violated the federal ex post facto clause when applied retroactively. Barry Michael Wion, a Texas state prisoner, …
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