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White v. Dona Ana County Detention Center, NM, Recommendation, Mailroom Law Library, 2011 Case 2:08-cv-00955-WJ-GBW Document 138 Filed 01/12/11 Page 1 of 45 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DENVER JAMES WHITE, Plaintiff, v. No. CV 08‐0955 WJ/GBW DONA ANA COUNTY DETENTION CENTER, ET ...
Nebraska Supreme Court Says Prisoners Have No Constitutional Right to Own a Typewriter by Lonnie Burton On September 9, 2016, the Nebraska Supreme Court dismissed a complaint filed by a prisoner who was not allowed access to his personal typewriter, ruling that under the United States Constitution, prisoners do not ...
$7,000 Settlement after Second Circuit Reverses Dismissal of New York Prisoner’s Suit by Derek Gilna In 2007, prisoner Aaron Willey filed a pro se federal civil rights lawsuit against guards employed by the New York State Department of Corrections and Community Supervision, alleging harassment, inadequate nutrition, theft of legal documents, ...
Eighth Circuit Denies Civilly Confined Minnesota Patients 1983 Action by Derek Gilna Civilly-committed patients in the Minnesota Sex Offender Program (MSOP) filed suit under 42 U.S.C. § 1983 against Minnesota Department of Human Services (DHS) and Minnesota Department of Corrections (DOC) officials, alleging that various conditions of their confinement were ...
Article • July 15, 2013 • from PLN July, 2013
Sixth Circuit Reverses Dismissal of Suit Due to Non-Exhaustion and Statute of Limitations by The Sixth Circuit Court of Appeals reversed a lower court's summary judgment order that erroneously dismissed a Michigan prisoner's lawsuit for non-exhaustion and because it was time-barred. On November 30, 2005, Michigan state prisoner Samuel Surles ...
Washington Jail Prisoner Settles Retaliation Claim for $10,000 by Washington State’s Pierce County has agreed to pay $10,000 to settle a federal lawsuit that claimed a prisoner was subjected to retaliation in the form of solitary confinement for exercising his First Amendment right of access to the courts. Neil Grenning ...
Article • July 15, 2011
Texas Prisoner’s Property Destruction Damages Properly Pleaded by Matthew Clarke By Matt Clarke A Texas court of appeals has held that a state prisoner properly pleaded damages within the minimum jurisdictional limits of the district court. Jeffery D. Westbrook, a Texas state prisoner incarcerated at the Allred Unit, filed suit ...
Article • May 15, 2011
New York Prisoner Awarded $316.93 for Lost Property by A New York Court of Claims awarded a prisoner $316.63 for the loss of his property by prison officials. Acting pro se in the bailment claim, prisoner James Towner claimed that when his property was received from Marcy Correctional Facility at ...
Article • March 15, 2011
$1,000 Settlement for DC Jail Prisoner Assaulted by Guards, Property Destroyed by The District of Columbia (DC) paid $1,000 to settle the lawsuit of prisoner Gardner Bradley, arising from his assault by guards and the destruction of his property. The facts underlying the complaint occurred at the DC Jail. The ...
Pennsylvania Prisoner Awarded $185,000 in Civil Rights Claim; Harassment Continues by David Reutter by David M. Reutter A Pennsylvania federal jury has awarded $185,000 to a prisoner in a civil rights action alleging conspiracy, retaliation, obstruction of access to the courts and defamation of character. Pennsylvania state prisoner Andre Jacobs ...
Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below by Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held ...
“Special Circumstances” Justify Non-Exhaustion in Second Circuit by The Second Circuit Court of Appeals has excused a New York prisoner’s failure to exhaust available administrative remedies under the Prison Litigation Reform Act (PLRA). The court found that prison officials’ erroneous refusal to investigate a claim, and frustration of administrative review ...
Confiscation of Legal Files Excused Failure to Exhaust by A federal district court in New York held that the confiscation of a prisoner's legal files established cause and prejudice sufficient to overcome procedural default for failing to exhaust administrative remedies. In 1998, prisoner F. Lee Hinebaugh filed a federal petition ...
Article • May 15, 2007
Administrative Exhaustion Not Required Under 42 U.S.C. § 1983 by The United States Supreme Court held that it was not necessary for a prisoner to resort to state administrative remedies before seeking relief, under 42 U.S.C. § 1983, for the violation of his constitutional rights. In this case, Pennsylvania state ...
Challenge to BOP Denial of Pre Sentence Reports Must Be Brought As Civil Suit by The plaintiff, under the case number and caption of his 25-year-old criminal case, filed a motion challenging the Bureau of Prisons' policy forbidding inmates from retaining possession of their pre-sentence reports in their cells. At ...
Article • May 15, 2007
$1000 Paid in WA Loss of Legal Material Case by Prisoner Matthew James Griffin filed a 42 U.S.C §1983 action in the Eastern Washington federal district court alleging that he was transported to the intensive management unit of the Walla Walla prison hospital. When his property was brought to him, ...
Right to Assist Other Prisoners Includes Right to Possess Pleadings by The California Supreme Court held that a prisoner's right to assist other prisoners in legal matters includes the right to possess other prisoner's legal pleadings or briefs, but does not include the right to correspond with prisoners at other ...
South Dakota Prisoners' Dismissed Access to Courts Claims Partly Reversed by The U.S. Eighth Circuit Court of Appeals has partly reversed the dismissal of South Dakota prisoners' claims that the South Dakota Department of Corrections (SDDC) and officials of the South Dakota State Penitentiary (SDSP) engaged in policies and practices ...
Dismissal of Prisoner's Access to Courts, Due Process Claims Erroneous by The U.S Court of Appeals for the Eleventh Circuit held that a U.S. District Court improperly dismissed a prisoner's pro se federal civil rights action. Plaintiff, a Georgia state prisoner, brought federal civil rights action against prison officials alleging ...
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