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Article • February 15, 2025 • from PLN February, 2025
Seventh Circuit Offers Wisconsin Prisoner Just a Little Help in Suit Alleging He Was Held in Feces-Stained Cell Without Water by On June 26, 2024, the United States Court of Appeals for the Seventh Circuit partially vacated a summary judgment dismissal of a Wisconsin prisoner’s civil rights suit alleging that …
Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed by Douglas Ankney by Douglas Ankney On July 8, 2024, the United States Court of Appeals for the Fourth Circuit reversed a grant of summary judgment to Defendant officials at Virginia’s Hampton Roads Regional Jail (HRRJ) …
Article • February 15, 2025 • from PLN February, 2025
Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts by Douglas Ankney by Douglas Ankney On June 17, 2024, the United States Court of Appeals for the Sixth Circuit reversed a grant of summary judgment to Defendant Kentucky Department of Corrections (DOC) officials who forced …
Article • September 15, 2024 • from PLN September, 2024
TDCJ Denied Summary Judgment In Suit by Prisoner Who Missed Grievance Deadline Because Guard’s Assault Left Him In a Coma by It’s hard to tell who is slimier, a Texas Department of Criminal Justice (TDCJ) guard who allegedly beat a prisoner into a coma or prison officials who then attempted …
Indiana Supreme Court Says “Summary Judgment Is Not Summary Trial,” Remanding State Prisoner’s Malpractice Claim to a Jury by On January 24, 2024, the Indiana Supreme Court reversed a lower court’s ruling and remanded the medical malpractice complaint of state prisoner Edward Zaragoza against Wexford of Indiana LLC, the privately …
Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial by On January 31, 2024, the U.S. Court of Appeals for the Fifth Circuit held that a Texas prisoner’s uncorroborated declaration outlining steps he took to exhaust administrative remedies through the state Department of Criminal Justice …
Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement by On July 17, 2023, the U.S. Court of Appeals for the Second Circuit reversed a lower court’s dismissal of a prisoner’s suit filed in connection with the fire at Sing Sing Correctional Facility …
Article • December 1, 2023 • from PLN December, 2023
In Suit Over Moldy Cells Causing Fungal Infection, Illinois Warden Denied Summary Judgment Wins Anyway by Matthew Clarke by Matt Clarke On May 19, 2023, the federal court for the Southern District of Illinois denied a state prison warden’s motion for summary judgment in a federal civil rights lawsuit over …
Article • September 15, 2023 • from PLN September, 2023
No Summary Judgment for Private Transportation Company in Maryland Detainee’s Suit Alleging “Horrific” 2,000-Mile Journey by Keith Sanders by Keith Sanders Over nine days in December 2015, during transport from Maryland to South Carolina to face charges he skipped child support payments, William Karn endured a grueling trek stretching more …
Article • January 1, 2023 • from PLN January, 2023
Nevada Muslim Prisoner Wins Suit Over Denial of Jumu’ah Prayer by Harold Hempstead by Harold Hempstead On June 14, 2022, the federal Court for the District of Nevada granted summary judgment to a Muslim state prisoner, agreeing with him that the state Department of Corrections (DOC) violated his constitutional rights …
Article • August 25, 2022
Sixth Circuit Affirms Summary Judgment for Wellpath in Kentucky Prisoner’s Suit Alleging Denial of Medical Care, Due to Lack of Expert Testimony by Harold Hempstead by Harold Hempstead A recent decision by the U.S. Court of Appeals for the Sixth Circuit illustrates the importance of expert testimony in a prisoner’s …
Article • February 1, 2022 • from PLN February, 2022
Seventh Circuit Grudgingly Affirms Summary Judgment in Illinois’ Prisoner’s Suicide Lawsuit by Dale Chappell But Highlights Negligence of DOC and Wexford Health Staff by Dale Chappell Hinting that “another area of law” may provide relief, the U.S. Court of Appeals for the Seventh Circuit on August 9, 2021, affirmed summary …
Article • November 1, 2021 • from PLN November, 2021
Sixth Circuit Holds Court Lacked Jurisdiction to Rule on Summary Judgment in Retaliation Suit by BOP Prisoner by Walter Himmelreich was a prisoner at the Federal Correctional Institution in Elkton, Ohio for one count of producing child pornography on October 20, 2008, when he was assaulted by another prisoner, Peter …
Article • November 1, 2021 • from PLN November, 2021
Filed under: Summary Judgment, Sanctions
Seventh Circuit: Local Rules Requiring Specific Filings to Summary Judgments Should Not be Used as a Sanction by Dale Chappell by Dale Chappell Providing an example of how the rules apply to everyone—even pro se prisoners—the US Court of Appeals for the Seventh Circuit upheld the motion of summary judgment …
Ninth Circuit Reverses Summary Judgment in Lawsuit For CoreCivic Causing BOP Detainee’s Prolonged Detention Without Court Appearance or Attorney by Matthew Clarke by Matt Clarke On May 28, 2021, the United States Court of Appeals for the Ninth Circuit held that Corrections Corporation of America (now known as CoreCivic) was …
Article • June 1, 2021 • from PLN June, 2021
NC Prisoner Survives Summary Judgment for Two Excessive Force Claims by David Reutter by David M. Reutter The Fourth Circuit Court of Appeals found a prisoner’s material facts in an excessive use of force claim were sufficient to overcome the defendants’ motion for summary judgment. The court’s January 4, 2021, …
Article • May 1, 2021 • from PLN May, 2021
Second Circuit Reverses Summary Judgment in Lawsuit Alleging New York Guard Sexually Assaulted Female Prisoners by David Reutter by David M. Reutter On November 17, 2020, the Second Circuit Court of Appeals reversed the grant of summary judgment in a lawsuit alleging a guard at New York’s Suffolk County Correctional …
Article • February 1, 2021 • from PLN February, 2021
No Summary Judgment on Oregon Prisoner’s Retaliatory Termination Claim by Mark Wilson by Mark Wilson On June 5, 2020, an Oregon federal court denied prison officials’ summary judgment on a prisoner’s First Amendment retaliation claim. Oregon prisoner Leumal Fred Hentz was assigned to work in the bakery at Oregon State …
Article • February 1, 2021 • from PLN February, 2021
NY Federal Court Denies Summary Judgment on Claims of Improper Medication Seizure, Evidence Fabrication, Improper Frisk During Prison Visit by Matthew Clarke by Matt Clarke On September 21, 2020, a New York federal court issued an order denying the state summary judgment on some claims arising from a woman’s visit …
Article • January 1, 2021 • from PLN January, 2021
Seventh Circuit: Nurse’s Deliberate Indifference to Prisoner’s Pain Negates Summary Judgment Grant by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals held on July 23, 2020 that a prisoner acting pro se persuaded it that a factual issue remained as to whether a nurse was deliberately …
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