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Article • May 15, 2007
Seventh Circuit Requires Notice of Summary Judgment by The U.S. Court of Appeals for the Seventh Circuit held that prisoners who are not represented by counsel in federal civil rights litigation are entitled to receive notice of the consequences of failing to respond with affidavit to motions for summary judgment …
Article • May 15, 2007
Denial of Religious Publications States a Claim by The Unites States Supreme Court held in a brief one-paragraph opinion that a lawsuit filed by an Illinois state prisoner under 42 U.S.C. § 1983, alleging that he was denied permission to purchase certain religious publications and other privileges enjoyed by other …
Article • May 15, 2007
Sworn Beating Complaint Defeats Summary Judgment by The U.S. Court of Appeals for the Eleventh Circuit held that a Florida state prisoner's sworn complaint was sufficient to defeat a motion for summary judgment filed by the defendant prison guards because the complaint "alleged detailed facts" that conflicted with the guards' …
Article • May 15, 2007
Sanction Imposed for NY AG's 1-Year Delay in Answering Complaint by A New York federal district court set aside a default judgment in a prisoner's civil rights case, but imposed a $500 sanction for the one- year delay in responding. A prisoner at New York's Woodburns Correctional Facility sued under …
Due Process Required in Mail Censorship by The court of appeals for the Ninth circuit upheld the dismissal under FRCP 12(b)(6) of a California prisoner's lawsuit concerning the censorship of law rook catalogs the prisoner attempted to send his mother. The appeals court reversed the dismissal of the due process …
Article • May 15, 2007
Pro Se Complaints Held to Less Stringent Standards by The Supreme Court held that pro se complaints are to be held to less stringent standards than formal pleadings drafted by lawyers. Francis Haines, an Illinois state prisoner, filed suit under 42 U.S.C. § 1983, against Illinois prison officials, seeking damages …
Summary Judgment Partly Reversed for Refusing Amended Complaint Filing by The U.S. Ninth Circuit Court of Appeals has reversed an Arizona federal district court for refusing to allow a federal prisoner to file an amended complaint. Michael Satz, a prisoner in the custody of the Bureau of Prisons (BOP), was …
Article • May 15, 2007
Filed under: Medical, Blood, Hepatitis, Complaints
Ninth Circuit: Prisoner May Amend Complaint To Allege Deliberate Indifference by The U.S. Ninth Circuit Court of Appeals held that an Arizona state prisoner, who alleged he contracted hepatitis from a blood plasma drawing procedure and that upon diagnosis he was not adequately treated by prison medical staff, should be …
Article • May 15, 2007
Alabama DOC's Mail Accumulation Policy Unconstitutional, Denial Of Motion To Amend Erroneous by Alabama DOC's Mail Accumulation Policy Unconstitutional, Denial Of Motion To Amend Erroneous The United States Court of Appeals for the Eleventh Circuit held that an Alabama Department of Corrections (DOC) policy of accumulating prisoner mail before dispersing …
Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim by Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim The Second Circuit Court of Appeals held a district court erred in dismissing a prisoner's civil rights complaint for failure to state a cause of …
Publication, Postage Stamp Ban States Claim by The Second Circuit Court of Appeals held the rejection of a prisoner's publication and refusal to allow him to receive postage stamps through the mail may violate the prisoner's First Amendment rights. This action was filed by a prisoner at New York's Clinton …
Article • May 15, 2007
Rule 12(b)(6) Dismissal Before Service of In Forma Pauperis Complaint Improper by The Third Circuit Court of Appeals held the dismissal of a complaint pursuant to Fed. R. Civ. P. 12(b)(6) prior to service of process is improper. This action was filed by a Pennsylvania prisoner at a State Correctional …
Article • May 15, 2007
Summary Judgment to Jail Officials Reversed by The U.S. Tenth Circuit Court of Appeals reversed and remanded a Kansas federal district court's grant of summary judgment to county jail officials on a complaint by a pretrial detainee alleging deliberate indifference to a serious medical need by jailers. John Sandifer, a …
Article • May 15, 2007
Former Federal Prisoner Complaint Barred Against Federal Agency by Former Federal prisoner Ben Siyon Ish Yerushalayim filed a Bivens complaint pursuant to 28 U.S.C. Section 1915 alleging violation of his rights under the Free Exercise Clause of the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA.) …
Article • May 15, 2007
Individual Capacity Claims Can Be Inferred From Complaint by Whether a plaintiff sued defendants in their individual or official capacities is determined by a "course of proceedings" test. The court disingenuously denies that it has applied a rigid rule that capacity must be spelled out explicitly or it will be …
Altercation Suit Brought By Prisoner Backfires; $250,000 Awarded to Guard by Virginia state prisoner Lament Douglas brought a § 1983 suit against prison guard J. McCarty for an altercation which left both parties injured. The Court granted remittur and awarded $250,000 to McCarty on his counterclaim. Douglas' motion for a …
Article • May 15, 2007
Claims May Be Found Within Content Of Complaint by A Virginia State Prisoner, Jerome Howard appealed the district court's dismissal of his claim of deliberate indifference to a medical need for failure to state a claim. Howard was housed on the second tier even with his clubbed foot. Howard fell …
Article • May 15, 2007
Segregation Excuses Failure to File Amended Complaint by The district court directed the plaintiff to file an amended complaint containing only exhausted claims, then dismissed when he did not do so by the deadline. The court should have accepted his excuse for not filing an amended complaint (he was put …
Article • May 15, 2007
Prisoner Suit Filed When Mailed to Court by Prisoner Suit Filed When Mailed to Court The plaintiff's suit was filed, tolling the limitations period, when his mailed complaint was received by the district court, even though it was returned to him for a failure to comply with local rules (i.e., …
Article • May 15, 2007
BOP Prisoner Can Sue Cornell Run Jail in Rhode Island under § 1983 by The plaintiff complained about events at a jail that was constructed by a municipality under state law authorization to provide the U.S. Marshals Service with space for federal pre-trial detainees. The plaintiff initially sued the Detention …
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