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Brief • February 24, 2025
HRDC v. Baxter County, AR, Censorship, Appeal, 2025 United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-1888 ___________________________ Human Rights Defense Center Plaintiff - Appellee v. Baxter County, Arkansas Defendant - Appellant -----------------------------Clark-Fox Family Foundation; The Marshall Project; Prison Journalism Project; Arch City Defenders; Missourians to Abolish …
Article • May 1, 2023 • from PLN May, 2023
Fourth Circuit Rejects Appeal of $700,000 Award to Maryland Prisoner Assaulted by Guards by David Reutter by David M. Reutter On January 13, 2023, the U.S. Supreme Court granted a writ of certiorari to the U.S. Court of Appeals for the Fourth Circuit to review its dismissal of an appeal …
Filing • September 3, 2021
HRDC v. Correct Care Solutions, LLC, VT, Opinion, Public Records, 2021 ENTRY ORDER 2021 VERMONT UPREM FILED IN LEHK's (E35938? VT 63 SEP 0 3. 2021 SUPREME COURT DOCKET NO. 2020-308 JUNE TERM, 2021 Human Rights Defense Center v. Correct Care Solutions, LLC and Correctional Care Solutions Group Holdings, LLC …
Article • February 4, 2020 • from PLN February, 2020
Filed under: PLRA, Appeals
Third Circuit: Failure to Make PLRA Findings Moots Appeal by David M. Reutter by David M. Reutter The Third Circuit Court of Appeals held that a district court’s failure to make findings as to the Prison Litigation Reform Act’s (PLRA) “needs-narrowness-intrusiveness criteria” mooted all injunctive enforcement actions that occurred 90 …
Article • December 10, 2019 • from PLN December, 2019
Filed under: Hernias, Appeals
Illinois Prisoner Wins Partial Victory on Appeal in Hernia Treatment Suit by Edward Lyon by Ed Lyon On July 26, 2019, a panel of the Seventh Circuit Court of Appeals affirmed in part and reversed in part a district court’s judgment as a matter of law against Illinois prisoner Gregory …
Article • December 9, 2019 • from PLN December, 2019
Filed under: Appeals
Florida Victims’ Rights Law Creates Confusion, Limits Time for Appeals by David M. Reutter by David M. Reutter A constitutional amendment passed by Florida voters in November 2018 requires that victims’ privacy must be protected, in order to prevent retaliation after the criminal (or alleged criminal) is released from prison …
Article • April 22, 2019
Third Circuit Reverses Federal Prisoner’s FOIA Request Denials by Mark Wilson by Mark Wilson The United States Court of Appeals for the Third Circuit reversed the dismissal of a federal prisoner’s Freedom of Information Act (FOIA) requests. Federal prisoner James Biear made FOIA requests of the Criminal Division of the …
Article • January 9, 2019 • from PLN January, 2019
Filed under: Appeals, Religious Diet
New York Prisoner Entitled to Vegetarian, Dairy Tolerant, Kosher Diet Under RLUIPA by On July 10, 2018, the Second Circuit Court of Appeals held the New York State Department of Corrections and Community Supervision (DOCCS) had violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by refusing to accommodate …
Article • January 8, 2019 • from PLN January, 2019
Seventh Circuit Remands Lawsuit Over Book Confiscation at Cook County Jail by Derek Gilna by Derek Gilna In an August 23, 2018 opinion, the U.S. Court of Appeals for the Seventh Circuit reversed in part and remanded a district court’s dismissal of a lawsuit filed by a former Cook County, …
Article • January 8, 2019 • from PLN January, 2019
Seventh Circuit Vacates ADA Summary Judgment Against Cook County Sheriff by Derek Gilna by Derek Gilna On July 30, 2018, the Seventh Circuit Court of Appeals vacated a partial summary judgment order issued by a district court that found the Sheriff of Cook County, Illinois liable for various violations of …
Article • November 6, 2018 • from PLN November, 2018
Filed under: Civil Procedure, Appeals
Magistrate Judge Must Have Jurisdiction Prior to Entering Final Judgment by The Seventh Circuit Court of Appeals allowed an appeal to continue to the briefing stage after concluding that “all parties had consented to proceeding before the magistrate judge by the time he entered a final judgment dismissing the entire …
Article • September 21, 2018
$35,500 affirmed by Sixth Circuit in Michigan guard retaliation, free speech case by Kevin Bliss by Kevin Bliss The Sixth Circuit Court of Appeals held that the jury finding against Lewis Condon, Joseph Downard, and Gary McMurtrie, guards at Gus Harrison Correctional Facility in Adrian, Michigan, was proper and that …
Article • July 1, 2018 • from PLN July, 2018
Fifth Circuit Partially Reinstates Mississippi Prisoner’s Suit Over Inadequate Mental Health Care by On September 29, 2017, the Fifth Circuit Court of Appeals reinstated part of a Mississippi state prisoner’s lawsuit complaining of inadequate mental health treatment at the South Mississippi Correctional Institution (SMCI). Johnny Carl Grogan was incarcerated at …
Article • June 16, 2018
Wrongfully Deported California Permanent Resident Granted Retrial by Christopher Zoukis by Christopher Zoukis     Jose Luis Tapia-Fierro, who was a legal permanent resident of California when he was deported after a conviction of involuntary manslaughter, was granted the right to appeal his deportation decision even after waiving his appeal …
Filing • May 22, 2018
Prison Legal News v. Florida DOC, censorship appellate ruling 2018 Case: 15-14220 Date Filed: 05/17/2018 Page: 1 of 48 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-14220 ________________________ D.C. Docket No. 4:12-cv-00239-MW-CAS PRISON LEGAL NEWS, A project of the Human Rights Defense Center, …
Article • May 7, 2018 • from PLN May, 2018
Tennessee: New Trial Ordered in Prisoner’s Wrongful Death Case by Steve Horn by Steve Horn On April 5, 2018, the U.S. Court of Appeals for the Sixth Circuit ruled that a lawsuit over the death of 33-year-old Charles “Jason” Toll – a prisoner who died in 2010 after being forcibly …
Article • April 23, 2018
Reason for Missing Deadline Did Not Reach Level of Excusable Neglect by David Reutter by David Reutter The First Circuit Court of Appeals held that the plaintiff’s failure to oppose the defendant’s motion for summary judgment in a timely fashion could not be considered excusable neglect. Patrick Skrabec was arrested …
Article • March 6, 2018 • from PLN March, 2018
Filed under: Appeals, Filing Fees
Oregon Court: Dismissals Are “Strikes” While Pending on Appeal by On July 6, 2017, the Oregon Court of Appeals upheld a lower court’s revocation of its filing fee waiver even though prior dismissals it had counted as strikes were still on appeal. Oregon courts may waive or defer a prisoner’s …
Brief • March 2, 2018
State of Idaho v. Tryon, ID, Opinion, Criminal Procedure, 2018 IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 44489 STATE OF IDAHO, ) ) ) ) ) ) ) ) ) ) ) Plaintiff-Respondent, v. GRACIE JEAN TRYON, Defendant-Appellant. Boise, January 2018 Term 2018 Opinion No. 16 …
Brief • March 1, 2018
People v. Aledamat, CA, Opinion, Jury Instructions, 2018 Filed 3/1/18 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, B282911 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA451225) v. YAZAN ALEDAMAT, Defendant and Appellant. APPEAL from a …
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