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Institutionalized Policy to Deprive Appeal of Confiscated Mail Violates Constitution by A Massachusetts federal district court denied summary judgment to prison officials who confiscated a prisoner’s mail and took actions that deprived him of his right to appeal that confiscation. The civil actions complaint was filed by MCI-Walpole prisoner Michael …
FOIA Exemption for Personal Privacy Requires Factual Basis by The D.C. Circuit Court of Appeals held that while the Freedom of Information Act (FOIA) exempts government agencies from releasing data that amounts to an “unwarranted invasion of personal privacy,” summary judgment would not be permitted when a factual dispute existed …
Prisoner Transferred Under ICC May Sue Under Diversity Jurisdiction by On April 24, 2006, the Tenth Circuit Court of Appeals held that a prisoner who had been transferred from Florida to Kansas may remain a citizen of Florida and still sue Kansas prison officials in federal court for violations of …
Article • August 15, 2008
Dismissal of Suit With Prejudice But No Costs Upheld by The plaintiff asked the district court for a dismissal without costs or for more time to answer the defendants' summary judgment motion. The court gave him more time and then dismissed with prejudice before the time had expired. The plaintiff …
Article • August 15, 2008
No Extension for Late Discovery Requests, Case Dismissed by The defendants moved for summary judgment in a two-year-old case; the plaintiff asked that the motion be deferred for additional discovery, since he had just recently (four months previously) identified the offending police officer and was prepared to file discovery requests …
Article • May 15, 2008
District Courts Must Inform Pro Se Litigants of Summary Judgment Requirements by District courts are obliged to notify pro se litigants of the nature and consequences of an opposing party's summary judgment motion. There are exceptions when the moving party has provided the requisite notice or when the pro se …
Tenth Circuit OKs First Raising Qualified Immunity on Summary Judgment by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings. The district court erred in failing to address the defense in the summary judgment …
Article • January 15, 2008
Guards’ Failure to Enforce Prison No-Smoking Policy May Violate 8th Amendment by Guards' Failure to Enforce Prison No-Smoking Policy May Violate 8th Amendment Dwayne Manning, a federal prisoner, was exposed to cigarette smoke when prison guards didn't enforce the prison's no-smoking policy. He developed medical problems and sued the guards …
Tenth Circuit OKs First Raising Qualified Immunity on SJ by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings, and the district court erred in failing to address the defense in the summary judgment …
Article • May 15, 2007
Summary Judgment on Wrongful Arrest Reversed by The Fourth U.S. Circuit Court of Appeals has vacated and remanded the grant of summary judgment to various state, county, and city defendants by the U.S. District Court of Maryland in a wrongful arrest case. Tray Carter was twice arrested and held in …
Article • May 15, 2007
Summary Judgment Cannot Be Granted Solely on Failure to Respond by The U.S. Second Circuit Court of Appeals, reversing the U.S. District Court for the Western District of New York, held that defendant prison officials were not entitled to summary judgment solely on the basis of the prisoner plaintiff's failure …
No SJ for Police Who Injured State Prisoner by The U.S. Court of Appeals for the First Circuit held that summary judgment in favor of police officers who were being sued by a state prisoner was precluded by issues of fact. Local and state police responded to a call for …
Article • May 15, 2007
Ninth Circuit's One-Interlocutory-Appeal Rule Overturned by The U.S. Supreme Court held that denial of summary judgment based on qualified immunity was an appealable "final decision" despite a prior appeal on the same grounds. Respondent, Robert J. Pelletier, brought an action under Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. …
Article • May 15, 2007
Notice Required When Converting Dismissal Motion into Summary Judgment by The United States Court of Appeals for the Third Circuit ruled that district courts must properly notice parties of their intent to convert motions to dismiss into motions for summary judgment. Four former Montgomery County, PA employees filed separate civil …
Article • May 15, 2007
Notice Required When Motion to Dismiss Treated as Motion for Summary Judgment by Notice Required When Motion to Dismiss Treated as Motion for Summary Judgment The Eighth Circuit Court of Appeals held a district court must give notice to a party of its intent to treat a motion to dismiss …
Supreme Court Defines Federal Officials Immunity for State Tort Violations by The U.S. Supreme Court has held that federal officials are entitled to absolute immunity from state-law tort actions only when the federal official's conduct is within the scope of their official duties and the conduct is discretionary in nature. …
Article • May 15, 2007
Notice of Summary Judgment Requirements Mandatory for Pro Se Prisoners by A federal district court must provide pro se prisoners with fair notice of summary judgment requirements prior to dismissal. District of Columbia jail prisoner Wayne Hudson filed a petition for declaratory judgment and motion for appointment of counsel. Hudson …
Fact Issues Preclude Summary Judgment Of Iowa Guard's State, Federal Claims by The United States District Court for the Southern District of Iowa held that issues of material fact precluded summary judgment of a former jail guard's action under state law and 42 U.S.C. § 1983 against his former employer. …
Allegation Of Interference With Grievance Completion Precludes Summary Judgment by The United States District Court for the Western District of New York held that a prisoner had not exhausted his administrative remedies pursuant to the Prison Litigation Reform Act of 1995 (PLRA) in one claim and that issues of fact …
Fact Issues Regarding Alternative New York Grievance Procedure Precludes Summary Judgment by Fact Issues Regarding Alternative New York Grievance Procedure Precludes Summary Judgment The United States District Court for the Western District of New York held that summary judgment of a prisoner's civil rights claim against New York prison officials …
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