Skip navigation

Search

289 results
Page 5 of 15. « Previous | 1 2 3 4 5 6 7 8 9 ... 11 12 13 14 15 | Next »

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 …
Brief • May 17, 2012
The Swatch Group Management Services v. Bloomberg, NY, Opinion and Order, Infringement of Record, 2012 Case 1:11-cv-01006-AKH Document 53 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------- x Filed 05/17/12 Page 1 of 12 USDC ~Il'\ \' D0CL.\1 L'\T ELECTRONICALLY FILED DOC#: DATF F-I-L-Em"'~"".- - ' - - …
Article • May 15, 2012 • from PLN May, 2012
Failure to Refute Expert Testimony Warrants Summary Judgment Against California Prisoner Suing for Medical Malpractice by In an unpublished opinion, the California Court of Appeal affirmed a trial court’s grant of summary judgment against a prisoner who sued a surgeon for medical malpractice, but then failed (due to limited resources) …
Article • May 15, 2012
New York Attorney Malpractice Nets $250,000 Default Judgment by A New York federal court awarded a $250,000 default judgment against a lawyer who caused the dismissal of a client's case. Charles Robinson retained lawyer Campbell Holder to represent him in a New York state action against his former employer, Metro-North …
Summary Judgment Motion Filed With Amended Complaint Premature by A California federal court denied sheriff's deputies summary judgment in their action alleging discriminatory employment practices. The court agreed with Defendants that the motion was premature. In October 2006, the San Francisco Sheriff's Department (SFSD) instituted a policy requiring that only …
Article • May 15, 2012
Third Circuit Vacates Dismissal of Pennsylvania Prisoner’s Retaliation Claim by The Third Circuit Court of Appeals reversed summary judgment for prison officials on a Pennsylvania prisoner's retaliation claim. Patrick Toussaint is a prisoner of the State Correctional Institution at Cresson, Pennsylvania. In 2005, he brought federal suit alleging retaliation, denial …
Brief • January 27, 2012
Hood v. Upah, IA, Plaintiff's Brief Restisting MSJ, Excessive Force, 2012 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF IOWA CEDAR RAPIDS DIVISION JAMES HOOD, ) ) Plaintiff, ) ) vs. ) ) DAVID UPAH AND BENTON COUNTY, ) IOWA, ) ) Defendants. ) ) CASE NO.: 11cv96-LRR PLAINTIFF’S BRIEF IN …
Qualified Immunity Based Summary Judgment Denied in Ohio Excessive Force Case by On November 25, 2008, an Ohio federal court denied prison officials' motion for summary judgment based on qualified immunity in an excessive force case. The court also denied defendants' motions to dismiss, for judgment on the pleadings and …
Fifth Circuit Clarifies Procedure for PLRA Failure-to-Exhaust Dismissals by The Fifth Circuit Court of Appeals held that summary judgment may be granted when a defendant alleges failure to exhaust administrative remedies under the Prison Litigation Reform Act (PLRA), but, in this particular case, the record was not sufficiently developed to …
Discovery and Explanation Required Before Converting Motion into Motion for Summary Judgment by Brandon Sample By Brandon Sample Before converting a motion to dismiss into a motion for summary judgment, district courts must first give pro se parties (i) the opportunity to take relevant discovery, and (ii) an explanation of …
U.S. Supreme Court Upholds $625,000 Judgment for Female Prisoner Molested by Ohio Prison Guard by John Dannenberg by John E. Dannenberg On January 24, 2011, the U.S. Supreme Court (USSC), ruling on a relatively minor procedural issue regarding the timing of a defense motion for summary judgment, upheld a $625,000 …
Article • December 15, 2010 • from PLN December, 2010
Failure of CMS Nurses and Doctor to Properly Treat Broken Leg Overcomes Summary Judgment by The Eighth Circuit Court of Appeals reversed the grant of summary judgment to a doctor and two nurses employed by Correctional Medical Services (CMS). The lawsuit claimed an Eighth Amendment violation related to the treatment …
Article • December 15, 2010 • from PLN December, 2010
Sixth Circuit Reverses Summary Judgment for Dentist Who Failed to Provide Temporary Filling by Genuine issues of material fact precluded granting summary judgment to a prison dentist accused of providing deliberately indifferent dental treatment, the U.S. Court of Appeals for the Sixth Circuit found. Gregory T. McCarthy, while incarcerated at …
Suit Filed Against Use of Rapiscan on Detention Facility Visitor by David Reutter by David M. Reutter In partially denying state officials’ motion for summary judgment, an Illinois federal district court discussed the constitutional parameters involved in the use of a Rapiscan Secure 1000 device, which uses “back-scatter” X-ray technology …
Page 5 of 15. « Previous | 1 2 3 4 5 6 7 8 9 ... 11 12 13 14 15 | Next »