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Article • October 15, 2024 • from PLN October, 2024
Third Circuit Finds Relation-Back Rule Misapplied to Philadelphia Prisoner’s “Crappy” Ordeal Lawsuit by David Reutter by David M. Reutter On March 21, 2024, the U.S. Court of Appeals for the Third Circuit vacated summary judgment in favor of a Philadelphia Department of Corrections (DOC) guard, who was accused of leaving …
Article • September 15, 2024 • from PLN September, 2024
DOJ Sues Utah DOC, Alleging Discrimination Against Transgender Prisoner by On April 2, 2024, the U.S. Dept. of Justice sued the Utah Department of Corrections (DOC) for allegedly violating the rights of a transgender prisoner under the Americans with Disabilities Act (ADA), 42 U.S.C. ch. 126 §12101 et seq. The …
Article • April 26, 2024
Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions by David Reutter by David M. Reutter On April 13, 2023, the Supreme Court of Florida directed its Clerk to “reject any future pleadings or other requests for relief” submitted by state prisoner Daryl A. Sanders, “unless such …
See No Evil, Hear No Evil, Treat No Evil: Centurion and the Curse of For-Profit Prison Healthcare by J.D. Schmidt by J.D. Schmidt On November 14, 2022, the Florida arm of Centurion Health, one of the nation’s largest private prison and jail healthcare companies, filed a lawsuit in Putnam County …
Article • October 15, 2023 • from PLN October, 2023
Florida Solitary Confinement Lawsuit Dismissed by David Reutter by David M. Reutter On December 14, 2022, the Florida Department of Corrections (DOC) successfully beat back a challenge to use of solitary confinement in its prisons, when prisoner/plaintiffs stipulated to dismissal of their claims. Not content with that victory, apparently, DOC …
Article • June 1, 2023 • from PLN June, 2023
Eighth Circuit Lets Public Defender Withdraw from BOP Prisoner’s “Frivolous” Appeal by Matthew Clarke by Matt Clarke On July 11, 2022, the U.S. Court of Appeals for the Eighth Circuit granted a motion to withdraw from an attorney appointed to represent a federal prisoner in Missouri appealing his civil commitment. …
Article • April 19, 2023
Sing Sing Prisoners Sue, Alleging Vicious Beatings During CERT Shakedown by Keith Sanders by Keith Sanders On January 31, 2023, a group of 26 prisoners at New York’s notorious maximum-security Sing Sing Correctional Facility sued the state for assaults allegedly carried out by guards during a two-day prison-wide shakedown in …
Article • April 1, 2023 • from PLN April, 2023
No Pay for Iowa Prisoners Overdosed With COVID-19 Vaccine by Benjamin Tschirhart by Benjamin Tschirhart On October 3, 2022, the State Appeals Board of Iowa heeded the advice of the state Attorney General’s office and unanimously rejected the claims of a group of state prisoners overdosed with COVID-19 vaccine. When …
How a Private Prison Company’s Defamation Suit Against One of Its Critics Backfired by Madison Pauley A judge finds that CoreCivic played a role in the family separation crisis. by Madison Pauley, Mother Jones, December 11, 2020 he mother who would end the Trump administration’s family separation policy arrived at …
Article • July 15, 2018
Florida prisoner's 14th successive motion yields sanction from state Supreme Court by Kevin Bliss by Kevin Bliss The Supreme Court of Florida held that Carlos Woodson filed a frivolous and meritless petition. The court sanctioned Woodson by barring him from any future filings in the case. Woodson was convicted of burglary and …
Brief • November 20, 2017
Woodson v. McCollum, OK, Opinion, Plaintiff Obligation to Pay Filing Fees, 2017 PUBLISH FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS November 20, 2017 FOR THE TENTH CIRCUIT _________________________________ Elisabeth A. Shumaker Clerk of Court MARCUS D. WOODSON, Plaintiff - Appellant, v. No. 17-6064 TRACY …
Publication • September 1, 2016
Civil Rights Plaintiffs Can Defeat Qualified Immunity Defenses and Get Frivolous Appeal Sanctions, Rosen, 1999.pdf CIVIL RIGHTS PLAINTIFFS CAN DEFEAT QUALIFIED IMMUNITY DEFENSES AND GET FRIVOLOUS APPEAL SANCTIONS: THEY SHOULD TRY MORE OFTEN!  Sanford Jay Rosen April 1999 INTRODUCTION This article is about recent United States Supreme Court and …
Article • March 31, 2016 • from PLN April, 2016
U.S. Supreme Court Reverses Idaho Supreme Court, Asserts “Federal Supremacy” by Derek Gilna Melene James sued the City of Boise and other defendants in Idaho state court in a 42 U.S.C. § 1983 action, alleging assault, battery, false arrest, wrongful imprisonment and other claims against city police officers, but failed …
Article • March 30, 2016
IFP Denials Don’t Trigger California Vexatious Litigant Treatment by Mark Wilson The California Court of Appeals held that a lower court improperly determined that a prisoner was a vexatious litigant, under California law. When an In Forma Pauperis (IFP) application is denied, the action is never commenced and does not …
Article • November 17, 2015
Federal Prisoner Raising Due Process Claim Sanctioned for Pattern of Frivolous Filing by Federal Prisoner Raising Due Process Claim Sanctioned for Pattern of Frivolous Filing The U.S. Court of Appeals for the Seventh Circuit has sanctioned a federal prisoner after a history of deception and misuse of the legal system. …
Brief • November 10, 2015
Betances et al v. Fischer et al, 2nd Cir, Memo Support of Stay Motion, habeus appeal frivolousness, 2015 Case 15-2836, Document 26-2, 11/10/2015, 1639089, Page1 of 25 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT PAUL BETANCES, et al., Plaintiffs-Appellees, No. 15-2836 -againstBRIAN FISCHER, et al., Defendants-Appellants. MEMORANDUM OF …
Article • October 26, 2015 • from PLN November, 2015
Filed under: Frivolous Litigation
Prisoner Admits to Scheme to Defraud Catholic Church, Gets 33 More Months in Prison by Mark Wilson Prisoner Admits to Scheme to Defraud Catholic Church, Gets 33 More Months in Prison by Mark Wilson A prisoner serving a lengthy sentence for a series of Pennsylvania bank robberies has been sentenced …
Article • July 2, 2015
Seventh Circuit Dismisses Prisoner’s Suit as Sanction for Perjury by Seventh Circuit Dismisses Prisoner’s Suit as Sanction for Perjury The U.S. Court of Appeals for the Seventh Circuit, affirming a trial court’s dismissal of a prisoner’s suit, has sanctioned him for his history of dishonesty in litigation. Natanael Rivera filed …
Beastie Boys v. Monster Energy Company, NY, Order, Copyright Violation, 2015 Case 1:12-cv-06065-PAE Document 216 Filed 06/15/15 Page 1 of 45 USDC SDNY DOCUMENT DLECTRONICALLY FILED I-INITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOC #: ---------x DATE FILED: Ô / l6 BEASTIE BOYS, et al., 12 Civ.6065 (PAE) …
Article • June 10, 2015
California Appellate Court Rules Attorney May Not Be Assessed Costs in Frivolous Suit by California Appellate Court Rules Attorney May Not Be Assessed Costs in Frivolous Suit A California appellate court recently held that state law does not allow a court to tax costs against a plaintiff's attorney, even when …
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