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Oregon Parolee Negligent Supervision Case Reinstated by The Oregon Court of Appeals reversed a lower court’s grant of summary judgment against a teenage girl who was raped by a violent parolee. In November 1997, 14-year-old Akilah Johnson was assaulted and raped by a stranger. More than four years later, on …
Article • January 15, 2009
4 Year Statute of Limitations Applies to 1983 Claims Filed in Florida by The Eleventh Circuit Court of Appeals has held that a 42 U.S.C. § 1983 action filed by a person in Florida has a four-year statute of limitations. The Court’s holding reversed a Florida federal district court’s dismissal …
Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matthew Clarke Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matt Clarke On March 18, 2008, Hawaiian First Circuit Court Judge Sabrina S. McKenna awarded a pre-operative transgendered prisoner who had been sexually abused …
Alabama Jail Guard Fired, Convicted, Held Civilly Liable in Prisoner’s Assault by David Reutter Alabama Jail Guard Fired, Convicted, Held Civilly Liable in Prisoner’s Assault by David M. Reutter In a rare conclusion to a guard’s violent attack on a prisoner, a Jefferson County, Alabama jail guard was fired, prosecuted, …
Article • August 15, 2008 • from PLN August, 2008
Filed under: CMS, Medical, Skin, Hepatitis, Limitations
CMS Found Liable for Inadequate Hep C Medical Care of Delaware Prisoner by The federal district court in Delaware has held that Correctional Medical Services (CMS), the medical provider for the Delaware Department of Corrections (DDOC), was deliberately indifferent to a prisoner’s medical needs. The ruling should come as no …
Article • August 15, 2008
Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial by On January 24, 2007, the Texas Court of Criminal Appeals (CCA) held that, when it grants a habeas petitioner relief in the form of an out-of-time appeal, the defendant may file a motion for new trial …
Article • August 15, 2008
Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial by On January 24, 2007, the Texas Court of Criminal Appeals (CCA) held that, when it grants a habeas petitioner relief in the form of an out-of-time appeal, the defendant may file a motion for new trial …
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 …
Ninth Circuit Explains Limitations on Police Beating, Prosecution Claims by The plaintiff's malicious prosecution claim did not accrue until his criminal charges were resolved favorably, and the limitations period did not begin to run until then. The statute began to run on his use of force claim at the time …
Article • August 15, 2008
Attorney Fees Denied in NY Police Beating Suit, De Minimis Victory by A jury awarded $540 against each of two defendants in a police beating case. After 118 days (104 days longer than the Federal Rules permit), plaintiff moved for attorneys' fees. The court rejects the claim of excusable neglect. …
Firing of Abusive Texas Prison Guards Upheld by The plaintiff correctional officers were fired for misconduct in connection with a use of force. After acquittal in their criminal trials, the prison system refused to restore their jobs. They claimed that the prison system had suppressed exculpatory evidence. Their claims are …
Article • August 15, 2008
PLRA Filing Fees Assessed on Dismissed Appeals by Dismissal of an appeal for untimely filing of a notice of appeal does not release the prisoner from the obligation to pay the appellate filing fee in full. There is no authority for waiver or reduction of the fee. At 596: "The …
Article • August 15, 2008
Federal Prisoner's Bivens Action Claiming Civil Rights Violations During Arrest and Prosecution Reinstated by Donald Jackman, a federal prisoner, sued fifty-one defendants in federal district court under Bivens and 42 U.S.C. § 1983, claiming they had violated his civil rights in various ways during his arrest and criminal prosecution. The …
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 …
Prosecutorial Misconduct Claims Properly Brought as Post-Conviction Motion if Timely by Tennessee state prisoner Darrell Wentzel filed a pro se motion for review of his convictions after they were affirmed on direct appeal. His 2001 "motion for extraordinary relief" was treated as a post-conviction petition, and dismissed as statutorily time …
Article • August 15, 2008
AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition by The Eleventh Circuit Court of Appeals has held that the one-year time limitation set by the Anti-Terrorism and Effective Death Penalty Act (AEDPA) applies to challenges to a parole board’s denial of parole. The appellate court’s ruling …
Article • August 15, 2008
AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition by The Eleventh Circuit Court of Appeals has held that the one-year time limitation set by the Anti-Terrorism and Effective Death Penalty Act (AEDPA) applies to challenges to a parole board’s denial of parole. The appellate court’s ruling …
Court Rejects Disciplinary Habeas on Merits, Despite Time Bar by The plaintiff's habeas challenge to a disciplinary proceeding is time-barred under AEDPA, since the proceeding was concluded in 1997 and the plaintiff missed the one-year grace period provided by the statute. The court finds no authority supporting a requirement that …
Federal Escape Statute of Limitations Not Triggered Until Return to Custody by Naturalized U.S. citizen and federal prisoner Guillermo Gonzalez appealed his 2006 escape conviction, arguing that the district court failed to instruct the jury on the statute of limitations for escape. His conviction was affirmed. While serving an eight …
Article • August 15, 2008
Ninth Circuit: Retroactive Blakely Relief Unavailable on Habeas Corpus, Only on Timely Certiorari by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a state prisoner virtually identically situated as in Blakely v. Washington, 124 S.Ct. 2532 (2004) (sentence may not be enhanced by facts not …
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