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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 …
Dismissal, Summary Judgment Against Prisoner's Medical Claims Affirmed by The U.S. Ninth Circuit Court of Appeals, affirming the U.S. District Court, Western District of Washington, held that a prisoner failed to prove that Washington prison officials were deliberately indifferent to his serious medical needs when they treated him with anti-psychotic …
Alaska Supreme Court Reverses SJ, Orders Continuance to Prisoner by The Alaska Supreme Court reversed a grant of summary judgment to prison medical staff and instituted the lower court to grant plaintiffs' requested continuance. Federal prisoner Donald Hymes and his wife Rita sued two Alaska Department of Corrections (ADOC) medical …
Court Denies Jail Staff Motion to Dismiss in Death Suit by The plaintiff sued over the decedent's death in jail. A nurse, a doctor, and a private medical provider moved for a more definitive (sic) statement, asserting that language in the complaint such as "inter alia" and "is not limited …
Article • May 15, 2007
Prisoner Entitled To Discovery In Opposing SJ by The U.S. Court of Appeals for the Fifth Circuit held that a prisoner was entitled to discovery to oppose defendants' motion for summary judgment. Plaintiff, a Texas prisoner, brought a §1983 action against prison officials and prison mailroom personnel alleging they violated …
SJ for Guard in Prisoner's Rape Suit Improper by The U.S. Court of Appeals for the Ninth Circuit held that summary judgment in favor of four prison officials was proper but summary judgment in favor of a guard was not. Plaintiff, a Washington state prisoner who was in protective custody, …
Summary Judgment Precluded By Fact Issues in Jail Killing by The U.S. Court of Appeals for the First Circuit held that material issues of fact precluded summary judgment in favor of jail officials who were being sued by the family of a murdered prisoner. After William Arena Cortes was killed …
Colorado Prisoners Win Partial Reversal on Religious Claims by Two Colorado state prisoners won partial reversal of an adverse summary judgment ruling in their civil rights suit contesting Colorado Department of Corrections (CODOC) administrative regulations prohibiting practice of their Christian Identity Faith and classifying Christian Identity as a Security Threat …
Constructive Dismissal Defeats Summary Judgment in MA Whistle Blower Suit by A Massachusetts Federal District Court denied summary judgment to Suffolk County in a guard's 42 U.S.C.§ 1933 action alleging he was forced to quit because he broke a "code of silence" when he reported a fellow guard's misconduct. The …
Article • May 15, 2007
Disputed Facts Warrant Summary Judgment Reversal in Amputated Finger Case by The U.S. Seventh Circuit Court of Appeals has reversed Wisconsin District Court's grant of summary judgment to a deputy sheriff in a case involving amputation of a prisoner's finger. Robert Sallie, a Wisconsin prisoner, was confined in the Dane …
Article • May 15, 2007
Qualified Immunity May Not Be Pled For the First Time in a Motion For Reconsideration by Mark Farquhar, a California state prisoner, prevailed on summary judgment in a federal district court on a claim that prison medical staff had been deliberately indifferent to his medical needs. Dr. William Cain, a …
Article • May 15, 2007
No Reconsideration of Summary Dismissal by The court granted summary judgment against the plaintiff with respect to his medical care for Tailor's bunions, tinnitus, allergies, etc. 155 F.Supp.2d 77. Now it denies his Rule 59(e) motion for reconsideration on the ground that it just restates his earlier arguments or relies …
Article • May 15, 2007
Pro Se Litigants Must be Informed of S.J. Consequences by At 414: . . . [W]e reemphasize that our practice is to vacate summary judgment dismissals against a pro se litigant when the pro se is unaware of the consequences of failing to adequately respond to the motion for summary …
Denial of Continuance on Summary Judgment Proper, Summary Judgment Improper by The U.S. Eleventh Circuit Court of Appeals held that a Florida federal district court's denial of a Florida Department of Corrections (DOC) prisoner's motion to stay consideration of DOC defendants' motion for summary judgment was not abuse of discretion. …
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