Skip navigation

Search

275 results
Page 6 of 14. « Previous | 1 2 3 4 5 6 7 8 9 10 11 12 13 14 | Next »

Article • August 15, 2008
Statute of Limitations May Toll While Prisoner Exhausts Administrative Remedies by In 2003, William Howell, a state prisoner, sued jail guards in federal district court under 42 U.S.C. § 1983 for an incident that occurred over two years before he filed suit. Since the applicable statute of limitations was two …
Article • June 15, 2008
Medical Experimentation Suits Time Barred by In an unpublished opinion, the Third Circuit Court of Appeals held that 298 former prisoners waited too long to sue over medical experiments performed on them in jail, between 1961 and 1974. From the 1950s until 1974, prisoners at the Holmesburg Prison in Philadelphia, …
Time Limits in PLRA Modification Motions Applied by A maximum population limit is a prisoner release order However, a request to modify a pre-PLRA order may not be based on the prisoner release provision because the statute says "no court shall enter " (836) The court enjoined the automatic stay …
Concealment of Medical Experiments Tolls Statute of Limitations by The plaintiffs sued over medical experiments ("boron neutron capture therapy") performed on their terminally ill relatives in the 1950s and then covered up. The right of access to courts is violated when government officials wrongfully and intentionally conceal information crucial to …
Wrongful Death Suit Reinstated for Plaintiff Substitution; Dismissed Again by by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed the dismissal of a wrongful death suit and allowed the deceased prisoner's wife to be substituted as plaintiff. On remand, the United States District Court …
Texas Parole Law Remanded for Ex Post Facto Ruling by Gary Hunter By Gary Hunter Texas prisoner Wilson Brown, a convicted sex offender, went to prison in 1989. At the time Brown was convicted, all Texas prisoners required only two favorable votes to make parole. In 1993, the parole board …
Article • January 15, 2008
Statute of Limitations May Toll While Prisoner Exhausts Administrative Remedies by In 2003, William Howell, a Georgia state prisoner, sued jail guards in federal district court under 42 U.S.C. 1983 for an incident that occurred over two years before he filed suit. Since the applicable statute of limitations was two …
Document's Exemption From Production Under Act Dependant On Pending Charges Outcome by Georgia State prisoner Byron Parker petitioned for review of a 1986 court ruling denying him access to files for his potential post-conviction relief. A pending rape charge statutorily determined denial. The denial was reversed for a lack of …
Article • December 15, 2007
New York Prisoner's Property Claim Accrues On Date Administrative Exhaustion Denied by New York state prisoner Alfred Blanche filed a claim against the Department of Correctional Services (DOCS) in the New York Court of Claims for loss of property pursuant to the Court of Claims Act. The Court granted the …
Article • December 15, 2007
Texas: Late Affidavit of Indigence Satisfies Fee Payment Requirement; Case Dismissed on Remand by On May 26, 2006 the Supreme Court of Texas held that a state court of appeals erred when it dismissed a prisoner's appeal after he filed an affidavit of indigence in response to the court's instructing …
Article • December 15, 2007
Suit Filed by Pro Se Prisoner When Received by Court by At 241 n. 1: "Where, as here, a prisoner proceeds pro se, the Court deems the prisoner as having filed a court document on the date that he delivered it to prison officials for mailing." Here the Houston v. …
Article • December 15, 2007
California Prisoner IFP State Civil Filing Fee Statutes Interpreted by John Dannenberg by John E. Dannenberg In an important ruling for all California in forma pauperis (IFP) prisoner state civil complaint plaintiffs, the California Court of Appeal interpreted the application of the mandatory prisoner civil filing fee statutes, Government Code …
Article • October 15, 2007 • from PLN October, 2007
Notice of Appeal Deemed Filed When Presented to Prison Officials; Burden on State to Refute by The Eleventh Circuit Court of Appeals has held that a prisoner's notice of appeal is considered filed on the date it is given to prison officials, and the state has the burden of proof …
Evidentiary Hearing Ordered For AEDPA Equitable Tolling Claim Arising From Transfer to Out-Of-State Prison by The Ninth Circuit U.S. Court of Appeals ordered the U.S. District Court (D. Ore.) to conduct an evidentiary hearing to determine if ample facts supported two Oregon state prisoners? claims that their involuntary transfers to …
Article • May 15, 2007
Houston v. Lack Tolls Statute of Limitations by The U.S. Second Circuit Court of Appeals held that the "mailbox rule" of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed2d 245 (1988) tolls the statute of limitations during the interval between the date a prisoner delivered to prison …
Article • May 15, 2007
Ninth Circuit Discusses Common Law Mailbox Rule by In an action for a tax refund, brought by a Washington state taxpayer against the Internal Revenue Service, the Ninth Circuit Court of Appeals noted that "[u]nder the common law mailbox rule, proper and timely mailing of a document raises a rebuttable …
Article • May 15, 2007
Equitable Tolling of AEDPA's Limitations if Extraordinary Circumstances Exist by Equitable Tolling of AEDPA's Limitations if Extraordinary Circumstances Exist The Ninth Circuit Court of Appeals determined that a prisoner under the one-year time limitation of the Antiterrorism and Effective Death Penalty Act (AEDPA) was granted equitable tolling based on extraordinary …
Beating by Guards, Destroyed Eyeglasses May Toll AEDPA Time Limit by The U.S. Ninth Circuit Court of Appeals reversed and remanded a California federal district court's denial of a habeas corpus petition, holding that, if proven true, the prisoner's claim that prison officials failed to replace his broken eyeglasses for …
Article • May 15, 2007
Equitable Tolling Applies to AEDPA by The Eighth Circuit Court of Appeals held that equitable tolling applies to the one-year statute of limitations for filing federal habeas corpus petitions under the Anti Terrorism Effective Death Penalty Act (AEDPA), 28 U.S.C. 2244 (2) (1). The petitioner, an Arkansas prisoner, filed a …
Article • May 15, 2007
FTCA Claim Barred by Statute of Limitations by The U.S. Court of Appeals for the Eighth Circuit held that the continuing treatment doctrine did not toll the statute of limitations period for filing a medical negligence claim. While in federal custody in January 1997, Steven McCoy had his left leg …
Page 6 of 14. « Previous | 1 2 3 4 5 6 7 8 9 10 11 12 13 14 | Next »