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Article • August 15, 2008
Voluntary Dismissals Subject to PLRA by The plaintiff sought voluntary dismissal The court says such a motion doesn't absolve him of the consequences of his actions under the PLRA, and notes his prior pattern of seeking voluntary dismissal (7 of 20 cases), characterizing it as "strategic" and done after court …
Fifth Circuit Misstates Retaliation Standard by Prisoners claiming retaliation must allege "(1) a specific constitutional right, (2) the defendant's intent to retaliate against the prisoner for his or her exercise of that right, (3) a retaliatory adverse act, and (4) causation." The plaintiff alleged retaliation for his filing of grievances …
Fired Whistleblowing Rec Staff Allowed to Amend Complaint by The plaintiff, a prison "recreation specialist," alleged that he was fired because of his complaints of lack of safety in the workplace. The court first says that his complaints about lack of personal security amount to no more than negligence, even …
Article • August 15, 2008
Ninth Circuit Discusses Anonymous Party Requirements by At 1068: "... [A] party may preserve his or her anonymity in judicial proceedings in special circumstances when the party's need for anonymity outweighs prejudice to the opposing party and the public's interest in knowing the party's identity." Where fear of retaliation is …
Article • July 15, 2008
No Liberty Interest in Illinois Segregation by The Seventh Circuit Court of Appeals affirmed the dismissal of an Illinois prisoner’s due process and retaliation claims, finding that his allegations “effectively plead him out of court.” Illinois prisoner Christopher Lekas “cultivated a relationship on ‘friendly terms’ with Tyone Murray, a female …
Article • July 15, 2008
Sixth Circuit Reverses Denial of Complaint Amendment by The Sixth Circuit Court of Appeals vacated a lower court’s order denying a Tennessee prisoner leave to amend his complaint to substitute actual parties for Doe Defendants. In July 1996, Tennessee prisoner Alexander Friedmann (PLN’s Associate Editor) requested to have a notice …
Article • July 15, 2008
Summary Dismissal of Court Access Claim Reversed by The Seventh Circuit Court of Appeals reversed a lower court’s sua sponte dismissal of a prisoner’s access-to-courts claim for failure to state a claim. The court also held that the prisoner was entitled to amend his complaint. Indiana prisoner Kenneth Marshal filed …
Article • June 15, 2008
Federal Courts Can't Dismiss Prisoners' Civil Rights Actions Simply Because They're Inartfully Pleaded by Walter Gordon, a South Carolina state prisoner, sued prison officials in federal district court under 42 U.S.C. § 1983 after he was assaulted and raped by other prisoners. Stephen Young, a Maryland state prisoner, filed his …
Jail Liable for Labeling Arrestee’s Cell as “HIV Positive Inmate” by Jail Liable for Labeling Arrestee's Cell as "HIV Positive Inmate" The plaintiff was arrested and informed the police he was HIV positive. They put a pink sign on his holding cell door saying HIV POSITIVE INMATE, which was removed …
Article • May 15, 2008
Amended Complaint Can Sue Cops in Individual Capacity by A complaint in a police brutality suit did not specify the capacity in which the defendants were sued. A later amended complaint that specified their individual capacities related back to the time of the original complaint. This may not have been …
Sheriff May be Liable for Jail Suicide by The decedent was arrested while drunk and promptly hanged himself in a police holding cell. The plaintiffs settled with the city defendants for $11000, leaving the state defendants in the case. The district court did not abuse its discretion in refusing to …
Article • May 15, 2008
Fifth Circuit Discusses Appellate Review of 28 U.S.C. § 1915 Dismissals by Dismissals under 28 U.S.C. § 1915(e)(2)(B)(1) are governed by abuse of discretion standard At 940: "In determining whether a district court abused its discretion, we consider factors such as 'whether (1) the plaintiff is proceeding pro se, (2) …
Tennessee Prisoners Must Verify Truth of Petitions for Relief from Sentences by Daryl Holton and Paul Reid, Tennessee state prisoners, were sentenced to death on murder convictions. Neither appealed. Later, acting as "next friend," others filed petitions for relief on their behalf, claiming they were mentally incompetent. The petitions weren't …
Article • January 15, 2008
Ninth Circuit: Federal Complaint Cannot be Submitted Before PLRA Exhaustion is Completed by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a prisoner must have completed his available administrative exhaustion procedures before he can submit a 42 U.S.C. § 1983 complaint to the …
Article • January 15, 2008
Notice Pleading Requirement, Not Factual Pleading, Applies to Access to Courts Claim by The Seventh Circuit Court of Appeals has held that a prisoner bringing a right of access to the courts claim need only satisfy the notice pleading requirement, but must allege that the prisoner lost a case or …
Article • January 15, 2008
One Month Delay in Treating Prisoner’s Broken Bones States 8th Amendment Claim by One Month Delay in Treating Prisoner's Broken Bones States 8th Amendment Claim In 2004, William Guy, a California state prisoner, broke his ribs and ankle. He wasn't treated for a month. He sued in federal district court, …
Article • January 15, 2008
Alleged Inappropriate Delay in Prisoner’s Hep C Treatment States 8th Amendment Claim by Alleged Inappropriate Delay in Prisoner's Hep C Treatment States 8th Amendment Claim Salvatore Chimenti, a Pennsylvania state prisoner, was taken off his medication for Hepatitis C and made to wait over two years for a new drug, …
MA Prison Conditions Might Amount to Cruel and Unusual Punishment by Richard Smith, a Massachusetts state prison at MCI-Concord, sued prison officials after being disciplined for fighting. He sued numerous guards and administrators in state court alleging a multitude of constitutional and statutory violations. Among them was a claim that …
Article • January 15, 2008 • from PLN January, 2008
Filed under: Civil Procedure, Complaints
Summary Dismissal of Court Access Claim Reversed by The Seventh Circuit Court of Appeals reversed a lower court?s sua sponte dismissal of a prisoner?s access-to-courts lawsuit for failure to state a claim. The appellate court also held that the prisoner was entitled to amend his complaint. Indiana prisoner Kenneth Marshal …
Article • December 15, 2007
Eighth Circuit Holds Partial Exhaustion Requires Total Dismissal by The Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(a) requires dismissal of a complaint alleging multiple prison conditions claims against multiple defendants, when each claim against each defendant was not fully exhausted administratively before filing. Missouri prisoners Malik …
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