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Abuse of Discretion to Deny Leave to Amend by The Sixth Circuit Court of Appeals reversed a lower court's erroneous grant of summary judgment to police on claims that they unlawfully detained a man, then evicted him from his home. The Court also found that it was an abuse of …
Total Exhaustion Rule Should Apply Separately to Each Plaintiff by The Tenth Circuit Court of Appeals has held that when multiple prisoners join in a civil rights complaint, but only one of those prisoners has exhausted administrative remedies on all of the claims asserted, it is error to dismiss the …
Article • October 15, 2007 • from PLN October, 2007
Filed under: Medical, Hepatitis, Complaints
U.S. Supreme Court: Colorado Prisoner Alleging Injury From Suspension Of Medical Treatment Stated Adequate Claim To Preclude Dismissal by John Dannenberg by John E. Dannenberg In a per curiam ruling, the U.S. Supreme Court held that a Colorado state prisoner seeking reinstatement of his Hepatitis-C medical treatment had stated an …
“Liberal” Pleading Construction Reveals Negligent Guard Theory Claim by "Liberal" Pleading Construction Reveals Negligent Guard Theory Claim The Second Circuit Court of Appeals has reversed a New York federal district court?s dismissal of claims under the Federal Tort Claims Act (FTCA), finding that the court failed to "liberally" construe the …
Fifth Circuit Reverses Dismissal of Mississippi Retaliation For Letters to a Newspaper Claim by In an unpublished opinion the Fifth Circuit Court of Appeals reversed a lower court's dismissal, for failure to state a claim, of a prisoner's retaliation suit against one prison official, but upheld the dismissal of claims …
Article • September 15, 2007 • from PLN September, 2007
§ 1983 Suit Challenging New York’s Blanket Parole Denial “Policy” Survives Motion to Dismiss by John Dannenberg § 1983 Suit Challenging New York's Blanket Parole Denial "Policy" Survives Motion to Dismiss by John E. Dannenberg The U.S. District Court (S.D. N.Y.) denied the New York State Division of Parole's ("Board") …
Sixth Circuit Now Permits § 1983 Complaint to Proceed Even if Prisoner Did Not Initially Plead Exhaustion Below by John Dannenberg by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held that a prisoner had an affirmative burden to plead exhaustion of administrative …
Bivens Claims Against Private Prison Employees May Fail When Other Remedies Available by In an evenly divided en banc rehearing, the United States Court of Appeals for the Tenth Circuit was unable to decide whether a Bivens action is available against employees of a privately?operated prison. In 2001, Cornelius E. …
An Old Story: District of Columbia Continues Overdetaining and Strip Searching Prisoners by A federal district court for the District of Columbia has, once again, certified a class action in a complaint that District of Columbia is over-detaining persons ordered released and strip searching them without individualized suspicion. The Court …
Article • May 15, 2007
Magistrate Judge Can Investigate Frivolity of Complaint by The United States Court of Appeals for the Fifth Circuit held that a district court could properly refer a prisoner's pro se case to a magistrate judge to investigate whether the complaint should be dismissed as frivolous. The ultimate dismissal of the …
Federal Prisoner Possible Beneficiary in BOP/County Contract by The U.S. Court of Appeals for the Second Circuit held that a prisoner's civil rights suit stated a claim; that the statute authorizing a contract between the Federal Bureau of Prisons and a county to house prisoners did not create a private …
Article • May 15, 2007
District Court Reversed; Failure to Allow Amendment Abuse of Discretion by The U.S. Tenth Circuit Court of Appeals reversed the U.S. District Court, Colorado, holding that the district court's refusal to permit a Colorado state prisoner to amend his complaint was an abuse of discretion and, moreover, the complaint stated …
Article • May 15, 2007
Dismissal Without Prejudice to Amend Requires Final Judgment if Amendment Not Filed to Invoke Appellate Jurisdiction by Dismissal Without Prejudice to Amend Requires Final Judgment if Amendment Not Filed to Invoke Appellate Jurisdiction The Ninth Circuit Court of Appeals held a district court must enter a final judgment before appellate …
Article • May 15, 2007
Ohio Prisoners' Mail-Order Subscription Suit Held Not Frivolous by The U.S. Sixth Circuit Court of Appeals, vacating a federal district court's sua sponte dismissal, held that a suit brought by Ohio prisoners in custody of the Department of Rehabilitation and Correction (DORC) regarding DORC's withholding of certain mail-order magazines and …
Article • May 15, 2007
Former Jail Prisoner's §1983 Complaint Reversed to Add Damages by Former Jail Prisoner's §1983 Complaint Reversed to Add Damages The U.S. Tenth Circuit Court of Appeals in a split decision partly reversed an Oklahoma federal district court's grant of summary judgment to a county sheriff, holding that the district court …
Article • May 15, 2007
Abuse of Discretion in Failing to Grant Prisoner Continuance in §1983 Action by Illinois state prisoner Robert Harris filed a 42 U.S.C. §1983 action against prison officials claiming guards interfered with his mail and visiting rights, preventing him from preparing an adequate defense to state criminal charges. The state filed …
No Heightened Pleading Standard for 1983 Actions by The U.S. Court of Appeals for the Third Circuit has reinstated a pro se prisoner's action challenging his involuntary commitment to a psychiatric hospital under 42 U.S.C. 1983. A lower court had dismissed the case for failure to state an actionable cause. …
Deceased Michigan Prisoner's Estate States Eigth Amendment Claim by The United States District Court for the Eastern District of Michigan held that the estate of a prisoner who allegedly died as a result of indifference to his medical needs sufficiently stated an Eighth Amendment claim and that individual defendants were …
Article • May 15, 2007
DC Detainees Strip Searched After Receiving Release Orders State Claim by The United States District Court for the District of Columbia (D.C.) held that plaintiffs, prisoners suing the D.C. Jail for performing strip searches on them when returning to the jail after receiving their release orders, had stated a valid …
§ 1983 Complaint Not Frivolous, Stated Claim, Can Be Amended by The U.S. Court of Appeals for the Sixth Circuit held that a prisoner's civil rights suit was not frivolous, that it stated a claim, and that the prisoner could amend his complaint a third time. Richard Lawler, an Ohio …
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