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Weekends and Holidays Excluded from FRCP 6(a) 10-Day Deadline by The Ninth Circuit Court of Appeals held Fed. R.Civ.P. 6(a) excludes Saturday, Sunday and legal holidays when computing time periods of less than 11 days. This action, which was brought by female employees in Washington alleging discrimination on the basis …
Article • May 15, 2007
Arizona Statue of Limitations Tolled Until Prisoner Knows of or Should Have Known of Right to Bring Suit by Arizona Statue of Limitations Tolled Until Prisoner Knows of or Should Have Known of Right to Bring Suit The Ninth Circuit Court of Appeals held that Arizona law tolls the statute …
Article • May 15, 2007
California Disability Statute Tolls Limitation Statute for §1983 Suit by California Disability Statute Tolls Limitation Statute for §1983 Suit The Ninth Circuit Court of Appeals held that California's Disability Statute, Cal. Civ. Proc. Code §352(a)(3), tolls California's one-year statute to file a 42 U.S.C. §1983 action. This action sought to …
Article • May 15, 2007
State Tolling Statute Must be Applied to §1983 Suits by State Tolling Statute Must be Applied to §1983 Suits The United States Supreme Court has held that a federal court applying a state statute of limitations to a prisoner's federal civil rights action should give effect to the State's provision …
Article • May 15, 2007
Parolees' Claims for Sexual Assault Dismissed as Untimely by The U.S. Tenth Circuit Court of Appeals affirmed a Colorado District Court's dismissal of claims against officials of the Colorado State Department of Corrections (CSDOC) charged with concealing information about sexual assaults by a halfway house director. Four Colorado parolees claimed …
Article • May 15, 2007
General or Residual Personal Injury Statute Limitations Applies to § 1983 Cases by General or Residual Personal Injury Statute Limitations Applies to § 1983 Cases The United States Supreme Court has held that district courts considering 42 U.S.C. § 1983 claims should borrow a state's general or residual statute for …
Article • May 15, 2007
Denial Of Time Extension, Dismissal Of Claim Ruled Abuse Of Discretion by The U.S. Court of Appeals for the Ninth Circuit held that a district court abused its discretion in denying a prisoner an extension of time to file an amended complaint and in dismissing his pro se § 1983 …
Article • May 15, 2007
Second Circuit Addresses Time Claim Accrues by The Second U.S. Circuit Court of Appeals affirmed in part and vacated in part a district court order granting summary judgment to the New York City Police Department (NYPD) and various individual defendants for false arrest. Clifton Morris was arrested in 1990 by …
Article • May 15, 2007
Dispute Over Timely Filing Of § 2255 Motion Requires Evidentiary Hearing by Dispute Over Timely Filing Of § 2255 Motion Requires Evidentiary Hearing The U.S. Eighth Circuit Court of Appeals held that an evidentiary hearing should have been conducted to determine if a prisoner's § 2255 motion had been timely …
Article • May 15, 2007
Prisoner's Records Request Tolls Statue of Limitations by The Second Circuit Court of Appeals held a statue of limitations is tolled between the period a prisoner requests records and the time he receives them. This 42 U.S.C. §1983 action was dismissed by a Connecticut Federal District Court on statue of …
Article • May 15, 2007
Illinois Prisoners Win Ex Post Facto Good Time Claim by The Illinois Court Of Appeals for the Second Circuit held that the circuit court should not have dismissed a prisoner's law suit against the Department of Corrections for denial of good time credits. Prisoners of an Illinois state prison filed …
Article • May 15, 2007
Alaska: 1991Tort Reform Legislation Facially Constitutional by The Supreme Court of Alaska held that tort reform legislation enacted by the Alaska Legislature was facially constitutional, Plaintiffs, persons considering tort actions, sought declaratory judgment voiding the legislation. The 26, SLA 1997 legislation "included many new tort law including including caps on …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
Kansas Strip-Search Suit Subject to Three-Year Statute of Limitation by Shawn McCormick was arrested in Lawrence Kansas where police subjected him to a strip search and a body cavity search. More than two years later, but less than three, he filed suit in state court under KSA § 22-2523, claiming …
Article • May 15, 2007
Escape Triggers Texas Statute of Limitations for Civil Case Filing by The Fifth Circuit Court of Appeals has held that a prisoner's escape lifts his disability to allow the statute of limitations to run for the filing of a tort suit. This action was filed by Texas a prisoner, alleging …
Article • May 15, 2007
Amended Complaint Timely Under Prison Mailbox Rule by In an unpublished opinion, the Eighth Circuit Court of Appeals reversed a lower court's dismissal of a prisoner's § 1983 action for failure to prosecute. Under the prison mailbox rule, the amended complaint was timely. In December 2003, Arkansas prisoner Patricia Sorenson …
Article • May 15, 2007
FBI Mob Murder Claim Filed Too Late by The First Circuit Court of Appeals upheld the dismissal of a Federal Tort Claims Act (FTCA) claim against the Federal Bureau of Investigation (FBI) for a 1982 murder. John Callahan was the chief executive officer of World Jai Alai, a gambling organization …
Article • May 15, 2007
Dead Illinois Prisoner's Representative Filed Suit Too Late by Michael Shannon, an Illinois state prisoner, learned that he had stomach cancer on December 22, 1997. He knew then that an earlier diagnosis of cirrhosis of the liver was incorrect, and that he was suffering injury as a result. He later …
Article • May 15, 2007
Prisoner Bears Burden of Proving Mailbox Claim by Prisoner who did not establish that there was a prison mailbox or that he used it, and did not provide an affidavit or notarized statement recounting the precise date he left his notice of appeal with prison authorities, is not entitled to …
Minor Plaintiff's FTCA Claims Not Tolled by The decedent, an immigration detainee, was killed by another detainee. His wife's and adult children's Bivens claims were time-barred, but the claims of the minor children are tolled under California law until they file suit or reach the age of majority. The fact …
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