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Brief • June 18, 2009
Benkahla v. Federal Bureau of Prisons, IN, Proposed Amended Complaint, Wrongful CMU Confinement, 2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION ) ) ) Plaintiff, ) ) v. ) ) Federal Bureau of Prisons; ) Eric H. Holder, Attorney General of the ) United States; Harley …
Ninth Circuit Reverses §1915 Dismissal of Retaliation Claim by The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a prisoner’s retaliation claim for failure to state a claim under 28 USC sec. 1915(e). Nevada prisoner Russell Cohen sued prison officials in federal court, alleging that they “retaliated …
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 …
Federal "Relation Back" Doctrine Intended To Expand, Not Limit, Prisoners' Rights by New Jersey State prison officials, guards and riot team personnel (defendants) moved for summary judgment dismissal of an amended 42 U.S.C. § 1983 complaint following a 30 day lockdown at the Bayside Prison. The amendment allowed an already …
Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below by Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Civil Procedure, Complaints
Seventh Circuit: Delayed Medical Care Because Doctor Attended New Year’s Party Constitutes Deliberate Indifference by The Seventh Circuit U.S. Court of Appeals has upheld a prisoner’s Eighth Amendment complaint of deliberate indifference to his serious medical condition when he alleged that the prison doctor called to treat his injuries chose …
Article • December 15, 2008 • from PLN December, 2008
Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals realigned its jurisprudence to comport with the U.S. Supreme Court ruling in Jones v. Bock, 127 S.Ct. 910 (2007) [see: PLN, May 2007, …
Failure to Name Defendant in Administrative Appeal Does Not Foreclose Including Him in § 1983 Complaint by The Third Circuit U.S. Court of Appeals ruled that when a defendant in a prisoner’s 42 U.S.C. § 1983 civil rights complaint had participated in the administrative grievance process, but had not been …
Jewel v. National Security Agency, et. al., CA, Complaint, Jury Demand, Illegal Surveillance, 2008.pdf 1 1. Plaintiffs, on behalf of themselves and a class of similarly situated persons, bring this 2 action and allege upon personal knowledge and belief as to their own acts, and upon information and 3 4 …
Retaliation Claim Not Barred by Heck by The Sixth Circuit Court of Appeals has held a prisoner’s 42 U.S.C. § 1983 action is not barred when a victory for the prisoner “would have at most the potential to decrease his period of detention,” in a case where the prisoner “alleged …
Article • August 15, 2008
Failure to State Claim Dismissal Reviewed De Novo by The plaintiff's claim that he was denied due process by lack of notice is rejected; exactly why is not stated. Violation of prison rules concerning disciplinary hearings does not deny due process. The record showed some evidence to support the charge. …
Article • August 15, 2008
Dismissal of Doe Defendants Required if Named Defendants Dismissed by The plaintiff sued, invoking 1983, the Moroccan Treaty of 1787, the Free Moorish-American Zodiac Constitution, etc. At 424: "In cases that allow for Doe defendants, other identified defendants have been able to represent the unknown individual defendants' interests." Allowing claims …
Article • August 15, 2008
Mistake in Naming Correct Parties Justifies Relation Back Amendment by Amendments adding parties relate back to the filing of the original complaint only where there has been a mistake concerning the correct party, not where that party's identity was unknown. The court notes that "mistake" can include a legal mistake …
Article • August 15, 2008
Dismissal of Suit With Prejudice But No Costs Upheld by The plaintiff asked the district court for a dismissal without costs or for more time to answer the defendants' summary judgment motion. The court gave him more time and then dismissed with prejudice before the time had expired. The plaintiff …
Youth Services International Not Liable for Child’s Rape by Cellmate by The plaintiff alleged that he was sexually assaulted by his roommate in a privately operated juvenile facility. The corporation is entitled to summary judgment in the absence of evidence of a corporate policy supporting liability. Its policy was to …
Article • August 15, 2008
PLRA Failure to State Claim Dismissals Reviewed De Novo by Dismissals under the PLRA for failure to state a claim are governed by the same de novo review standard as is used under Rule 12(b)(6), Fed.R.Civ.P. The plaintiff alleged that the defendants refused to approve his payment of a court-ordered …
Article • August 15, 2008
Second Circuit Discusses Qualified Immunity Analysis by At 66: "... [T]he initial question in the qualified-immunity inquiry should be whether the complaint sufficiently alleges the violation of a federal right . ..." The court does not mention the decision in Horne v. Coughlin, 178 F.3d 603 (2d Cir. 1999), which …
Article • August 15, 2008
All Plaintiffs Must Sign Motion to Amend Complaint by A prisoner may be denied leave to amend a complaint before responsive pleadings are filed where co-plaintiffs have not joined in the motion. The plaintiff said that he relied on an order by the district court barring the other plaintiffs from …
Eighth Circuit: Administrator of Prisoner's Estate May Not Sue Pro Se by On March 29, 2005, the Eighth Circuit Court of Appeals held that the administrator of the estate of a prisoner who died of cancer while incarcerated in the Arkansas Department of Corrections may not file a suit for …
Article • August 15, 2008
Fifth Circuit: Suit Cannot be Dismissed for Following Form’s Instructions; Allegations of Retroactive Negative Changes in Texas Parole Law States Claim by by Matthew T. Clarke On December 12, 2006, the Fifth Circuit Court of Appeals held that a prisoner’s lawsuit could not be dismissed for failing to list supporting …
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