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TDCJ Denied Qualified Immunity in Employee's Unconstitutional Termination Suit by John F. Fant, a former Legal Services Director for a division of the Texas Department of Criminal Justice (TDCJ), appealed a 2003 U.S. District Court decision denying his motion for dismissal of a lawsuit based on qualified immunity grounds. The …
Stay Pending Qualified Immunity Interlocutory Appeal Rejected in Arizona Prisoner Death Suit by Maricopa County (Arizona) Sheriff Joseph Arpaio filed a motion to stay litigation pending an interlocutory appeal on the denial of qualified immunity in a lawsuit filed by the parents of Tent City prisoner Phillip Wilson, who was …
Prosecutorial Misconduct Claims Properly Brought as Post-Conviction Motion if Timely by Tennessee state prisoner Darrell Wentzel filed a pro se motion for review of his convictions after they were affirmed on direct appeal. His 2001 "motion for extraordinary relief" was treated as a post-conviction petition, and dismissed as statutorily time …
Article • August 15, 2008
California Prisoner's Small Claims Judgment not Appealable by Michael Lane, a California state prisoner, sued the state Department of Corrections (DOC) in small claims court to recover $797.60 he had been charged for vacated restitution orders. The small claims court ruled in his favor for that amount but dismissed a …
Article • August 15, 2008
Immigrant Fugitives Precluded from Appealing Immigration Judge's Decision by Fugitive Disentitlement Doctrine by Raju Raj Giri and his wife and child legally entered the U.S. in July 2003 and were entitled to remain in the country for 5 months. When their time expired they applied for asylum, but an immigration …
California DOC Stipulates to Removal of Visitor X-Ray Ma-chines, but Damages Appeal Dismissed by John Dannenberg by John E. Dannenberg On November 20, 2007, the California Court of Appeal dismissed an appeal filed by a group of Lancaster State Prison visitors who sought damages for being subjected to Secure 1000 …
Article • May 15, 2008
Fifth Circuit Discusses Appellate Review of 28 U.S.C. § 1915 Dismissals by Dismissals under 28 U.S.C. § 1915(e)(2)(B)(1) are governed by abuse of discretion standard At 940: "In determining whether a district court abused its discretion, we consider factors such as 'whether (1) the plaintiff is proceeding pro se, (2) …
Second Circuit Rejects New York’s Interlocutory Appeal of Prisoner's $7.65 Million Failure-to-Protect Jury Verdict by John Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals rejected a belated attempt by the New York Department of Corrections (NYDOC) to invoke a claim of qualified immunity to thwart a …
Strip-Searched Jail Arrestees May be Certified as Class for Liability by by Matthew T. Clarke On August 24, 2006, the Second Circuit Court of Appeals held that a federal district court in New York erred when it refused to certify non-felony arrestees who were strip searched pursuant to a blanket …
Eleventh Circuit Condemns One-Sentence Qualified Immunity Denial Order by The Eleventh Circuit Court of Appeals has reversed an Alabama federal district court?s order denying jail officials? motions to dismiss on qualified immunity ground, admonishing the district court for only entering ?one sentence orders denying? the motions. Kevin Danley sued under …
South Carolina Litigation Act Does Not Apply to Post-conviction Proceedings by South Carolina state prisoner Stacy Wade pled guilty to various drug charges. Without filing a direct appeal, he filed for post conviction relief (PCR) for allegedly being coerced into the plea bargain. Wade's testimony of coercion at his PCR …
Article • December 15, 2007
Texas Prisoners Not Entitled To Records Request Under 2004 Act by Texas State prisoner Michael Cox appealed a 2006 Lubbock, Texas, court order denying his request for records concerning his 1992 conviction. The court interpreted his request as an attempt to appeal his case over a decade late and affirmed …
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 …
OK Prisoners' Argument, Raised for First Time on Appeal, Not Considered by On November 15, 2001, Leticia Smedley was arrested by police in Tulsa, Oklahoma on suspicion of being intoxicated. She was jailed at the David L. Moss Criminal Justice Center, a facility operated by Corrections Corporation of America (CCA). …
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 …
Article • September 15, 2007 • from PLN September, 2007
Collection-Rate of Appellate Costs Taxed to Prisoner Reduced to Rate for PLRA Filing-Fees by John Dannenberg by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals held that the payment of $1,619 in costs owed to Michigan state by an unsuccessful prisoner litigator could not be deducted from his …
No Qualified Immunity for Ignoring Heart Condition Leading to Prisoner’s Death by No Qualified Immunity for Ignoring Heart Condition Leading to Prisoner's Death The Eighth Circuit Court of Appeals upheld a lower court's denial of qualified immunity to jail officials who ignored a detainee's medical distress, causing his death. Walter …
Adams v. CCA, CO, Appeal Brief, prison riot, 2007 Certification of Word Count: 9,474 COURT OF APPEALS, STATE OF COLORADO rd 2 East 14 th Avenue, 3 Floor Denver, CO 80203 Appeal from order entered by Judge Michael Schiferl, Crowley County District COUlt, 2005CV60 Plaintiffs-Appellants: Vance A. Adams,et. a1. Defendants-Appellees: …
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
No Per Se Application of Fugitive From Justice Rule by The U.S. Court of Appeals for the Eighth Circuit held that the "fugitive from justice rule" should not be applied in a per se manner in civil cases. James Perko, a Missouri state prisoner, brought a § 1983 action against …
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