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Tennessee Prisoners Suing Private Prisons Not Required to File in Local Venue by David Reutter Tennessee Prisoners Suing Private Prisons Not Required to File in Local Venue by David Reutter The Tennessee Supreme Court has held that a state statute requiring a local venue for lawsuits filed by indigent prisoners …
Article • March 15, 2014 • from PLN March, 2014
Seventh Circuit Upholds FTCA Venue Transfer by The Seventh Circuit Court of Appeals has upheld the transfer of a former federal prisoner’s negligence action from Illinois to Kansas. Daniel Hudson relocated to Illinois following his release from a federal prison in Kansas. He filed a Federal Tort Claims Act (FTCA) …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Civil Procedure, Venue
Trial Held in Texas Prison Courtroom Not Open to the Public by The Texas Court of Criminal Appeals has ruled that a plea hearing in a criminal case held in a prison chapel was not open to the public, and thus violated the defendant's Sixth Amendment rights. Conrad Lilly, a …
Article • July 15, 2013 • from PLN July, 2013
California: Eastern District Jury Pool Alleged to be Biased Against Prisoners by Defense attorneys representing two prisoners accused of murdering a federal prison guard have argued that the jury pool in the region – the Central Valley of California – is biased against prisoners due to the numerous correctional facilities …
Article • March 15, 2013
Trial and Conviction in Washington Jailhouse Courtroom Overturned by Michael Rigby by Mike Rigby On May 27, 2010, the Washington State Supreme Court, sitting en banc, held that a trial and subsequent conviction that took place in a jailhouse courtroom violated the defendant's right to due process by eroding the …
Article • May 15, 2009 • from PLN May, 2009
Court Rejects Federal Prisoner Worker’s Claim of Copyright Infringement by Court Rejects Federal Prisoner Worker’s Claim of Copyright Infringement The U.S. Court of Federal Claims dismissed a prisoner’s copyright infringement suit for lack of jurisdiction; the dismissal was upheld on appeal. Robert J. Walton, a federal prisoner, sued the United …
Article • August 15, 2008
No Federal Claim for Failing to Warn Prisoner of Tobacco Risks by The plaintiff, a South Carolina prisoner, filed suit in the District of Columbia district court against the Surgeon General of the United States, the president of the AMA, and the heads of two tobacco companies for failure to …
Article • August 15, 2008
Transfer, Dismissal of Suit as Sanction Upheld by The plaintiff, subject to sanctions orders in the Western District of Texas and the Fifth Circuit, filed suit in the Eastern District, where venue was improper, apparently to avoid a rule in the Southern District, which provided for honoring the sanctions orders …
Article • August 15, 2008
Venue Proper Where Claim Arose by The plaintiff alleged excessive force by guards and two of the defendants moved to dismiss for improper venue or to transfer. Since one defendant lives in the Northern District of Illinois, venue there is proper. The court transfers the case to the Central District …
Article • July 15, 2008
Maryland State Damages Cap Trumps Federal Awards For 11 Year Old Paraplegic by Davita Carter, an 11 year old resident of Illinois and a Marine veteran's daughter, appealed the damages reduction awarded her in 2000 after surgery left her a paraplegic. The federal court's award was dictated by Maryland State …
Sheriff May be Liable for Jail Suicide by The decedent was arrested while drunk and promptly hanged himself in a police holding cell. The plaintiffs settled with the city defendants for $11000, leaving the state defendants in the case. The district court did not abuse its discretion in refusing to …
Article • December 15, 2007
Dismissed Paruresis Action Remanded for Proper Venue by Pro se Tennessee State prisoner Barton Hawkins petitioned for a writ of certiorari to review disciplinary actions taken against him for refusing to comply with a drug screening. He alleged that he suffered from paruresis (shy bladder syndrome) which hindered urine production. …
Article • May 15, 2007
Dismissal Without Prejudice to Amend Requires Final Judgment if Amendment Not Filed to Invoke Appellate Jurisdiction by Dismissal Without Prejudice to Amend Requires Final Judgment if Amendment Not Filed to Invoke Appellate Jurisdiction The Ninth Circuit Court of Appeals held a district court must enter a final judgment before appellate …
Article • May 15, 2007
Filed under: Civil Procedure, Venue
Plaintiff Entitled to Choose Venue for Suit by The plaintiff sued some defendants in the Middle District of Louisiana and more defendants in the Western District of Louisiana. The magistrate judge transferred the claims against the Western District defendants to that district. Wrong. Venue is assessed for the entire case; …
Article • May 15, 2007
BOP Skin, Retaliation Suit Dismissed by The plaintiff alleged that at a Pennsylvania federal prison he had a skin rash, itching, swelling, and other symptoms and was treated for an allergic reaction; he was told that the Bureau of Prisons would not pay for an allergist or dermatologist and he …
Article • May 15, 2007
BOP Work Release Appeal Dismissed When Defendant Still on Bail by The plaintiff challenged the refusal to place him in a community corrections center, rather than jail, pursuant to the Department of Justice's newly announced policy limiting such placements. He could seek habeas relief, since he was in custody by …
Article • May 15, 2007
California Lifers Must File Parole Habeas Petitions in County of Commitment by by John E. Dannenberg The California State Supreme Court ruled that life prisoners challenging denials of parole must file their state habeas corpus petitions in the county of commitment, not in the county where they are incarcerated. Orlando …
Article • May 15, 2007
D.C. Venue Improper in BOP Fine Punishment Suit by The plaintiff allegedly was kept for three years beyond his sentence expiration because he refused to sign an installment schedule agreement for his unpaid fines. The wardens of prisons in Virginia and West Virginia were not subject to personal jurisdiction in …
Article • May 15, 2007
Dismissal of Tennessee Prisoner's Petition for Failure to Prosecute Reversed by In this case involving a prisoner's pro se petition for writ of certiorari, the Tennessee Court of Appeals held that the trial court improperly dismissed the petition for failure to appear and prosecute. Eddie Williams, a prisoner in the …
Article • May 15, 2007
Filed under: Venue, Media, Censorship, Internet
District Court Reversed; Warden's Defamation Suit Ordered Dismissed by The U.S. Fourth Circuit Court of Appeals, reversing the U.S. District Court, Western District of Virginia, held that Connecticut newspapers sued by a Virginia prison warden for defamation and libel after posting allegedly defamatory articles on their websites did not manifestly …
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