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Article • April 15, 1996 • from PLN April, 1996
Not All Prisoner Lawsuits Are Frivolous by Jon O Newman by Chief Judge Jon O. Newman, Second Circuit Court of Appeals [Editor's Note: The following article is reprinted from the January, 1996, issue of The Corrections Professional. Judge Newman is the chief judge of the U.S. Second Circuit Court of …
The Cost of Litigation by Arizona Reader by an Arizona Reader In an era of prison bashing the focus on "frivolous lawsuits" rests fundamentally on those filed by prisoners. The question, "Why are the lawsuits necessary?", has yet to be asked, or answered. The turn-of-the-coin may, in a small but …
7th Circuit Clarifies "Frivolous" and Safety Standard by The court of appeals for the seventh circuit ruled that a district court must determine a suit is not only legally insufficient but that it cannot be saved by amendment before the court can dismiss the suit as frivolous under 28 U.S.C. …
Texas Anti-Litigation Law by Dan Pens In its 1995 session, the Texas legislature passed a bill that amends and modifies Subchapter B, Chapter 15 of the Civil Practice and Remedies Code, purportedly to combat "frivolous or malicious litigation filed by inmates." By now PLN readers should be familiar with this …
MN Passes Laws Against Prison Litigators by The 1995 session of the Minnesota state legislature passed laws aimed directly at jailhouse layers. MN Statute § 243.241 titled "Civil Action Money Damages" was created. It states: "Money damages recovered in a civil action by an inmate confined in a state correctional …
Article • July 15, 1995 • from PLN July, 1995
4th Cir. Clarifies IFP Dismissal Standard by The court of appeals for the fourth circuit has limited the discretion of district courts to dismiss suits filed in forma pauperis (IFP) on grounds of frivolousness where the court believes the complaint is untimely. The court also discussed when a cause of …
Article • February 15, 1995 • from PLN February, 1995
PA Limits Suits Against Defense Attorneys by Dale Gardner The malpractice suit against her was "a mere buzzing fly," said Patricia Dugan, a criminal defense lawyer in Philadelphia, PA. So rather than contact her insurance company and watch her rates rise she asked a friend to handle the case. Her …
AZ Passes Repressive Prison Laws by As part of the national trend towards bashing prisoners the 41st session of the Arizona legislature recently passed a number of repressive laws designed to make life harder for prisoners as well as restrict their access to the courts. The laws went into effect …
Article • January 15, 1995 • from PLN January, 1995
Frivolous Litigation by People hear the term "frivolous" litigation and what comes to mind are the guys who sue over a train whistle keeping them awake at night in prison. All too often prisoners seeking justice don't find any, not because their claims are frivolous but because they are too …
Article • January 15, 1995 • from PLN January, 1995
Tennis Shoes Cost US Taxpayers Over $8,000 by Though this is an unpublished case, and one we might ordinarily consider of small consequence, the prisoner litigant - David Cerullo - provided PLN with extensive information and background on the case that lends a very unusual perspective. David Cerullo knew he …
Article • December 15, 1994 • from PLN December, 1994
Pro Se Litigants Subject to Rule 11 Sanctions by Lee Warren is a former Washington state prisoner. While confined at the McNeil Island Corrections Center (MICC) he claims he was assaulted by a staff cook. He filed suit under 42 U.S.C. § 1983 in US district court in Seattle in …
ISR Seg Conditions Suit Not Frivolous by Twelve prisoners in the segregation unit of the Indiana State Reformatory (ISR) filed suit challenging their conditions of confinement. They claimed that their right to freely practice their religious faith was violated when they were denied access to religious programs; their right of …
Law of Medical Treatment Explained by Ed Mead By Ed Mead Case Goes to Trial Over $12.40 Pair of Glasses Aprisoner at the Iowa State Penitentiary (ISP), Dean Benter, filed a suit under 42 U.S.C. § 1983, alleging he was subjected to cruel and unusual punishment in violation of the …
Article • January 15, 1994 • from PLN January, 1994
Court Declines to Define "Frivolous" Suits by Anthony Brown is a Maryland state prisoner. After telling prison medical staff he had already been vaccinated, he was given another tuberculosis inoculation and broke out in a rash. Brown filed suit under §<%0> 1983 claiming that the vaccination violated his eighth amendment …
Article • August 15, 1993 • from PLN August, 1993
Sanctions Against Pro Se Litigant Reversed by Raymundo Mendoza is a Texas state prisoner. In 1980 he suffered cervical and spinal injuries in a prison accident. He filed suit and his claims were eventually dismissed. In 1991 he filed suit alleging that he had received negligent medical treatment; been denied …
Section 1983 Proper Remedy for Illegal Confinement by Spencer Parker is a Texas state prisoner. He filed suit under § 1983 claiming he was arrested and indicted for a burglary even though no evidence linked him to the crime. After nine months in jail the charges were dropped and he …
Punishment of Pretrial Detainees Unlawful by Spencer Parker is a pretrial detainee in Texas. While awaiting trial in the jail's minimum security section he was moved to the violent offenders section in retaliation for arguing with a guard. As a result of the transfer he was assaulted and lost his …
Article • March 15, 1993 • from PLN March, 1993
Court Cannot Dismiss Suit if Partial Filing Fee Paid by Autry Clark is an Ohio state prisoner. He filed suit against Ocean Brand Tuna claiming he bought cans of cat food from the prison commissary that had been re-labelled as tuna fit for human consumption. Clark became ill after eating …
Serial Litigators by Adrian Lomax A recent Associated Press story reported that the state of Wisconsin is spending more than a million dollars a year defending lawsuits filed by prison inmates. The story identified two Waupun prisoners as "serial litigators," responsible for numerous legal actions. A state lawyer was quoted …
Article • October 15, 1992 • from PLN October, 1992
Prisoner Fined for Frivolous Suit by Astate prison inmate sued a prison guard for $3.55 in actual damages, an injunction, and a declaratory judgement. His claim was that the guard took his coffee bag and two packs of cigarettes. Six days after the suit was filed, the trial court found …
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