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Brief • December 8, 2014
PLN v. Stolle, et al., VA, partial summary judgment, censorship, 2014 Case 2:13-cv-00424-MSD-TEM Document 65 Filed 12/08/14 Page 1 of 48 PageID# 2677 UNITED STATES DISTRICT EASTERN DISTRICT OF FILED COURT VIRGINIA Norfolk Division PRISON LEGAL NEWS, CLERK, US DISTRICT COURT a project of the HUMAN RIGHTS DEFENSE .NORFOLK. VA …
Article • August 12, 2014 • from PLN August, 2014
Failure to Treat Tuberculosis Suit Survives Summary Judgment, Settles for $1.4 Million by Derek Gilna Failure to Treat Tuberculosis Suit Survives Summary Judgment, Settles for $1.4 Million by Derek Gilna In January 2013, the U.S. District Court for the Western District of Washington denied a motion for summary judgment filed …
Article • August 9, 2014 • from PLN August, 2014
Fifth Circuit Grants Summary Judgment for Substitution of Pain Medication by Fifth Circuit Grants Summary Judgment for Substitution of Pain Medication The Fifth Circuit Court of Appeals has reversed a denial of summary judgment against jail medical officials who substituted ibuprofen for Percocet when treating a prisoner’s gunshot wound. On …
Article • July 11, 2014 • from PLN July, 2014
Seventh Circuit Reverses Summary Judgment in Dental Care Suit by David Reutter Seventh Circuit Reverses Summary Judgment in Dental Care Suit by David M. Reutter On July 19, 2013, the Seventh Circuit Court of Appeals reversed a grant of summary judgment to three defendants, holding there was sufficient evidence for …
D.C. Circuit Reinstates Prisoner’s FOIA Suit by Derek Gilna D.C. Circuit Reinstates Prisoner’s FOIA Suit by Derek Gilna Carlos Marino, incarcerated for a 1997 drug conspiracy conviction, submitted a Freedom of Information Act (FOIA) request to the Drug Enforcement Administration (DEA), seeking the agency’s investigative file for a co-conspirator who …
Article • June 7, 2014 • from PLN June, 2014
Cook County Detainee’s Suit Alleging Deliberate Indifference to Safety Survives Summary Judgment by David Reutter Cook County Detainee’s Suit Alleging Deliberate Indifference to Safety Survives Summary Judgment by David M. Reutter The Seventh Circuit Court of Appeals has reversed a district court’s grant of summary judgment to a jail guard …
Article • May 20, 2014 • from PLN May, 2014
Idaho Supreme Court Vacates Summary Judgment for Pepper Spray Manufacturer by Mark Wilson Idaho Supreme Court Vacates Summary Judgment for Pepper Spray Manufacturer   by Mark Wilson   On August 27, 2013, Idaho’s Supreme Court held that a lower state court improperly granted summary judgment to a pepper spray manufacturer …
Tolan v. Cotton, SCOTUS, Per Curiam Opinoin - Excessive Force in Police Shooting (2014) Cite as: 572 U. S. ____ (2014) 1 Per Curiam SUPREME COURT OF THE UNITED STATES ROBERT R. TOLAN v. JEFFREY WAYNE COTTON ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS …
Article • March 15, 2014 • from PLN March, 2014
Second Circuit Vacates Magistrate’s Judgment Entered without Consent by On March 6, 2013, the Second Circuit Court of Appeals vacated the summary judgment dismissal of a New York prisoner’s lawsuit, finding he had not consented to having the case decided by a magistrate judge. Willie James Yeldon filed suit in …
Article • December 15, 2013 • from PLN December, 2013
No Summary Judgment on Claim that Guard Stole Prisoner’s Wedding Ring by The Oklahoma Supreme Court has held that factual disputes about a guard’s alleged theft of a prisoner’s wedding ring precluded summary judgment in a lawsuit that has been pending for the past eight years. In November 2004, Oklahoma …
Seventh Circuit Upholds CCA’s Victory in Indiana Jail Conditions Suit by On September 14, 2012, the Seventh Circuit Court of Appeals affirmed a district court’s class certification and summary judgment orders in a jail conditions case involving the Marion County Correctional Center (MCCC) in Indianapolis, Indiana, also known as the …
Article • May 15, 2013
Sixth Circuit Reverses Dismissal of Jail Medical Indifference Suit by Matthew Clarke by Matt Clarke On November 4, 2010, the Sixth Circuit Court of Appeals partially reversed the summary judgment granted to Michigan jail and medical personnel based on fatal deliberate indifference to a prisoner's serious medical needs. Deceased former …
CCA Warden's Title VII Claims Dismissed by When a Corrections Corporation of America (CCA) facility warden failed to establish a discriminatory practice, the 5th Circuit Court of Appeals affirmed the summary judgment dismissing the Title VII claims. After being promoted to warden at a new CCA facility: Red Rock Correctional …
Article • May 15, 2013
Maine Supreme Judicial Court Affirms Sheriff’s Entitlement to Discretionary Function Immunity by In December 2011, the Maine Supreme Judicial Court affirmed the Superior Court’s grant of summary judgment in favor of Washington County Sheriff Donald Smith on the ground that Smith was entitled to discretionary function immunity pursuant to the …
Article • April 15, 2013
Kansas Supreme Court Reverses Jail Suicide Summary Judgment by The Kansas Supreme Court unanimously held that jailers were not entitled to summary judgment for failing to prevent a detainee's suicide. Anthony Stapleton was detained in the Shawnee County Adult Detention Center, from October 23, 2002, until his November 29, 2002 …
Article • April 15, 2013
Probationary State Employee Legally Terminated by Seventh Circuit of Appeals denied First Amendment retaliatory claim and violation of procedural due process rights. Samone Redd, a probationary employee with the Cook County Department of Correction, witnessed an argument outside of a Chicago residence and rode with Detective Doughty to locate the …
Article • March 15, 2013 • from PLN March, 2013
Alaska Supreme Court Revives Prisoner’s “Shy Bladder” Suit by On August 31, 2012, the Alaska Supreme Court reversed a lower court’s dismissal of a prisoner’s paruresis (i.e., “shy bladder”) and visiting rule claims. Alaska state prisoner Loren J. Larson, Jr. suffers from paruresis, a condition that makes it physically impossible …
Fifth Circuit Disallows Louisiana Deputy's Interlocutory Appeal by Matthew Clarke by Matt Clarke In an opinion filed on November 18, 2011, the Fifth Circuit Court of Appeals held that it had no jurisdiction over a Louisiana deputy's appeal from the denial of his motion for summary judgment based on qualified …
Forms of Judicial Deference in Prison Law by Sharon Dolovich by Sharon Dolovich1 Anyone familiar with the constitutional law of prisoners’ rights knows how ready courts are to find against prisoners in the name of “judicial deference.” It is not unreasonable for courts to grant a measure of deference to …
Simplified pleadings-Deformation of Fed Rules ACLU, 2013 \\jciprod01\productn\N\NYU\88-1\NYU108.txt unknown Seq: 1 21-MAR-13 10:15 • SIMPLIFIED PLEADING, MEANINGFUL DAYS IN COURT, AND TRIALS ON THE MERITS: REFLECTIONS ON THE DEFORMATION OF FEDERAL PROCEDURE ARTHUR R. MILLER* When the Federal Rules of Civil Procedure were promulgated in 1938, they reflected a policy …
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