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District Court Partly Upholds Prisoner's Excessive Force, Medical Negligence Claims by A federal district court in the Western District of Virginia has partly upheld a prisoner's civil rights claims against Virginia prison officials. Discovery was ordered in the case. Tyrone Shelton is a Virginia prisoner at Red Onion State Prison …
Prisoner's Out-of-Time Medical Neglect Lawsuit Allowed to Proceed by A U.S. District Court denied a county's motion to dismiss a prisoner's medical neglect claims and granted relief to the prisoner under Federal Rule of Civil Procedure 60(b)(6) by reinstating an action that earlier had been dismissed without prejudice. In August …
Article • May 15, 2007
Dismissal for Local Rule Violation Reversed in OK Jail Beating by The Tenth Circuit Court of Appeals held the dismissal of a complaint for violation of a local rule of procedure is too harsh, that Oklahoma's two- year statue of limitations applies to §1983 suits, and that the prisoner stated …
Article • May 15, 2007
Wrong Zip Code Tolls Filing of Appeal by The court of appeals for the Federal circuit held, in this non-prison case, that a veteran mailing a notice of appeal that had the wrong zip code, but was otherwise properly addressed, to the Board of Veterans' Appeals, was improperly dismissed as …
Eighth Amendment Action States Claim, Warden's Qualified Immunity Defense Barred by Eighth Amendment Action States Claim, Warden's Qualified Immunity Defense Barred The U.S. District Court, C.D. California, held that a prisoner's Eighth Amendment action under §1983 stated a claim and that the warden was not entitled to qualified immunity; however, …
Article • May 15, 2007
Mailbox Rule Applies to Florida Grievance Procedure by Florida's Fourth District Court of Appeal held that the "mailbox rule" applies to the Florida Department of Corrections' Inmate Grievance Procedure. The mailbox rule holds that an appeal or document to be filed with the courts is deemed filed "at the moment …
Article • May 15, 2007
California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity by John E Dannenberg California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity By John E. Dannenberg The Third District California Court of Appeal held that the "mailbox rule" [prisoner legal mail delivered to prison authorities for mailing to …
Article • May 15, 2007
IL Guard's Challenge to Her Dismissal Held Untimely by Erma Rodriguez, a jail guard, was fired by the Sheriff's Merit Commission of Kane County, Illinois (Commission). A copy of that decision was mailed to her on May 23, 2003. She filed for review by a Kane County trial court on …
Article • May 15, 2007
No New Trial in NY Beating Suit that Plaintiff Lost by The plaintiff alleged excessive force; a jury found for the defendants; the plaintiff moved for judgment as a matter of law. The ten-day limit on such motions is jurisdictional, but it runs from the date the actual judgment is …
Article • May 15, 2007
EEOC Delay Not Responsibility of Plaintiff by At 521-22: The Third Circuit recognizes "the prevailing jurisprudence that a charge [of discrimination filed with the EEOC] need not comply with a plethora of particular requirements." . . . The Code of Federal Regulations provides that "a charge is sufficient when the …
Grievance Deadlines Bar NY Brutality Suit by The plaintiff's letter to the Superintendent complaining of excessive force, sent five months after the incident, was not a grievance and did not meet the exhaustion requirement. At 549: Prison officials are entitled to require strict compliance with an existing grievance procedure. Plaintiff …
Article • May 15, 2007
Mailbox Rule Only Applies to Use of Prison Mail System by A pro se prisoner's notice of appeal is deemed filed when the prisoner delivers it to prison authorities for forwarding. This prisoner asked his sister to mail the notice, so he was not entitled to the benefit of this …
Article • May 15, 2007
Limitations Period Tolled During Exhaustion Process by The plaintiff alleged serious injuries as a result of an assault by another prisoner. Defendants moved to dismiss on limitations grounds. Whether the limitations period is equitably tolled during exhaustion is determined by state tolling doctrines. There's no law directly on point in …
Article • May 15, 2007
Filed under: Limitations, Mail, Legal Mail
Legal Mail Use Required to Invoke Mail Box Rule by Rule 4(c)(1), Fed.R.App.P., allows an incarcerated appellant to rely on timely placement of a notice of appeal in the institution's internal mail system, but requires a declaration or notarized statement setting forth the date of deposit and that first-class postage …
Article • May 15, 2007
Suit Dismissed for Failing to Timely Exhaust by The plaintiff sought to appeal his grievance two and a half months after an adverse decision; the deadline is four days, and his appeal was not allowed. Also, he wrote to the final appeal body without following the appeal procedure. He didn't …
Article • May 15, 2007
Continuing Claim Doctrine Applies to Deductions from Military Pay for Incarceration Costs by Continuing Claim Doctrine Applies to Deductions from Military Pay for Incarceration Costs The United States Court of Appeals for the Federal Circuit has held that periodic deductions from a federal prisoner's military retirement pay constituted continuing claims, …
Article • May 15, 2007 • from PLN May, 2007
Habeas Hints: Retroactivity-Cunningham and Beyond by Kent A. Russell by Kent Russell This column is intended to provide ?habeas hints? to prisoners who are considering or handling habeas corpus petitions as their own attorneys (?in pro per?). The focus of the column is habeas corpus practice under AEDPA, the 1996 …
$143,774.55 Attorney Fee and Costs Award in New York EMSA Suit by Matthew Clarke by Matthew T. Clarke On May 16, 2006, a New York federal district court magistrate recommended awarding $143,774.55 in attorney fees and costs to the attorneys who represented a prisoner in a civil rights action. Byron …
Article • May 15, 2007 • from PLN May, 2007
Washington State Waits Too Long to Collect Restitution by Division 2 of the Washington State Court of Appeals has vacated a restitution order imposed in a criminal case because the state took no action to secure payment for over 10 years. On June 26, 1986, Daniel Sigo pled guilty to …
Article • May 15, 2007
Cost Bills Must Be Opposed in Timely Manner by The court of appeals for the Seventh circuit held that failure to oppose a bill of costs within the FRCP's time limits waive any objections to the costs. The court held, in this Indiana case, that prisoners per se are not …
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