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Article • April 1, 2025 • from PLN April, 2025
Wisconsin DOC Agrees to Improve Services for Hearing-Impaired Prisoners by On September 25, 2024, the Wisconsin Department of Corrections (DOC) entered into a pre-litigation settlement agreement with the federal Department of Justice (DOJ), promising to improve services provided to deaf and hard of hearing prisoners, in compliance with Title II …
Brief • September 15, 2015
Filed under: Service, Due Process
Ganaway v. Phillips, IL, Motion to Alter or Amend Judgment, def unaware of court order, 2015 Case 3:13-cv-00978-SMY-PMF Document 47 Filed 09/15/15 Page 1 of 4 Page ID #85 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS EAST St. LOUIS DIVISION TARIUS D. GANAWAY, #M-08848, Plaintiff, …
Article • May 24, 2015
Oregon Wrongful Imprisonment Time-Bar Dismissal Reversed by Oregon Wrongful Imprisonment Time-Bar Dismissal Reversed On March 26, 2014, the Oregon Court of Appeals held that if service of summons is completed within 60 days of filing a tort claim against a public body, the action is commenced the day the complaint …
Ninth Circuit Vacates FRCP 4(m) Dismissal Without Notice by Mark Wilson Ninth Circuit Vacates FRCP 4(m) Dismissal Without Notice by Mark Wilson The Ninth Circuit Court of Appeals held on October 30, 2013 that a district court’s failure to provide notice before dismissing a complaint for non-service and denying leave …
Ninth Circuit: Prisoner’s Service of Process for Other Prisoner Not Protected Conduct by Mark Wilson Ninth Circuit: Prisoner’s Service of Process for Other Prisoner Not Protected Conduct by Mark Wilson On September 10, 2013, the Ninth Circuit Court of Appeals affirmed the dismissal of a prisoner’s retaliation claim, holding that …
Third Circuit Allows Prisoner's Substitution of Deceased Guard’s Estate by The Third Circuit Court of Appeals held on October 16, 2012 that a district court had improperly denied a prisoner’s motion to substitute a deceased guard’s estate as a defendant. Delaware prisoner Wardell Leroy Giles filed suit in federal court …
Article • August 15, 2013
Filed under: Civil Procedure, Service
Dismissal for IFP Prisoner’s Failure to Provide Copies for Service Improper by The Eighth Circuit Court of Appeals reversed a Minnesota federal district court’s order of dismissal, which was predicated on the plaintiff prisoner’s failure to comply with the Court’s order to submit additional copies of the amended complaint. While …
Article • May 15, 2013
Filed under: Civil Procedure, Service
Ohio Supreme Court: Due Process Not Satisfied by Procedure Requiring Parties to Monitor Internet for Property Foreclosure Sales by In September 2012, the Ohio Supreme court held that it was insufficient for due process purposes to serve constructive notice on a party via the Internet, where the party has a …
Article • April 15, 2013
Second Circuit Upholds FRCP 4(m) Dismissal for Untimely Service by The Second Circuit Court of Appeals affirmed the dismissal of a New York woman's false arrest suit, for failure to timely serve Defendants. On July 14, 2010, Leslie Meilleur brought federal suit against several New York Police Department officers, alleging …
Article • March 15, 2013
Pre-Suit Notice Not Required by Texas Tort Claims Act by Brandon Sample Serving a lawsuit within six months of an injury or loss satisfies the notice requirement of the Texas Tort Claims Act (TTCA), the Supreme Court of Texas held on October 1, 2010. Glen Colquitt sued Brazoria County under …
Article • July 15, 2012
Filed under: Civil Procedure, Service
Second Circuit Affirms Dismissal of Bivens Action Based upon Improper Service of Process by By Derek Gilna In a case decided in the United States Court of Appeals for the Second Circuit on August 30, 2010, the court affirmed the district court decision dismissing a Bivens action on the grounds …
Article • July 15, 2011
Second Circuit Analyzes Civil Process Extension Rule Application by By David M. Reutter The Second Circuit Court of Appeals has held that a district court may exercise its discretion to grant extensions under Fed. R. Civ. P. 4 (m), absent a showing of good cause under certain circumstances. In the …
Article • March 15, 2011 • from PLN March, 2011
Dismissal for Failure to Effect Service Reversed in Florida Failure to Protect Suit by The Eleventh Circuit Court of Appeals has held that as long as a court-appointed agent to serve summons for a prisoner-litigant acting pro se can locate the prison guard-defendant with reasonable effort, prisoner-litigants who provide enough …
Texas Court of Appeals Reverses Dismissal of Prisoner’s Retaliation Suit; Second Dismissal Affirmed After Remand by Matthew Clarke by Matt Clarke A Texas Court of Appeals reversed the dismissal of a prisoner’s lawsuit alleging that he suffered retaliation for litigation activities. However, after the case was again dismissed following remand, …
Article • April 15, 2009
Filed under: Civil Procedure, Service
Second Circuit Reverses Fed.R.Civ.P. 4(m) Dismissal for Non-Service by The Second Circuit Court of Appeals reversed a lower court’s Fed.R.Civ.P. 4(m) dismissal due to the plaintiff’s failure to serve the defendant within 120 days of filing his complaint. The appellate court found the record was unclear as to whether the …
Motion To Amend Untimely In Washington DC Civil Case by A U.S. district court in Washington, D.C. held the Plaintiffs in a civil case against U.S. Marshals may not amend the complaint to insert named Marshals in their individual capacities. On September 27, 2002, Paul Bame, Gregory Keltner and Ivan …
Article • August 15, 2008
Police Department Acceptance of Service for Cop Upheld by A police department's offer to accept service for an individual officer did not make it an agent authorized to accept service without actual authorization or appointment from the officer. Since the officer actually got the complaint, the court holds the defect …
Article • May 15, 2008 • from PLN May, 2008
$100,000 Damage Award Vacated for Seven-Year Service Delay by The Ninth Circuit Court of Appeals vacated a $100,000 excessive force judgment, and ordered dismissal of the action due to a seven-year delay in service on the defendants. On August 9, 1995, Robert Efaw was confined in the Navajo County Jail …
Abuse of Discretion to Deny Leave to Amend by The Sixth Circuit Court of Appeals reversed a lower court's erroneous grant of summary judgment to police on claims that they unlawfully detained a man, then evicted him from his home. The Court also found that it was an abuse of …
Article • May 15, 2007
Filed under: Civil Procedure, Service
Indiana Law Requires Service by Mail at Place of Employment by The Seventh Circuit Court of Appeals held that Indiana law requiring service of process upon an individual by mail at the individual's "place of business or employment" requires service at the location where he actually reports for work rather …
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