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Brief • September 1, 2016
Ealy v. GEO Group, 11th Cir, Appellant Brief, RA limitations sovereign immunity, 2015 No. 14-14199 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT EARVIN EALY, Plaintiff/Appellant, v. GEO GROUP, INC., et al. Defendant/Appellees. On Appeal from the United States District Court For the Middle District of Florida, ...
Brief • September 1, 2016
Ealy v. GEO Group, 11th Cir, Appellant Reply Brief, RA limitations sovereign immunity, 2015 No. 14-14199 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT EARVIN EALY, Plaintiff/Appellant, v. GEO GROUP, INC., et al. Defendant/Appellees. On Appeal from the United States District Court For the Middle District of ...
Article • May 13, 2016
Ohio Childhood Sex Abuse Statute Applies to State and Private Persons by The Ohio Supreme Court ruled on the applicability of R.C. 2305.111(C), which was adopted in 2006 and set “a firm accrual date as the date on which the victim attains the age of majority for claims based on ...
Article • November 13, 2015
Federal Court Dismisses Woman’s Suit Due to Statute of Limitations by Federal Court Dismisses Woman’s Suit Due to Statute of Limitations The United States Court of Appeals for the First Circuit has affirmed the dismissal of a Puerto Rican woman’s suit for her failure to file suit within one year ...
Article • November 2, 2015
Ninth Circuit: Prisoner’s Delusions Warrant §2254 Equitable Tolling by Ninth Circuit: Prisoner’s Delusions Warrant §2254 Equitable Tolling On April 18, 2014, the Ninth Circuit Court of Appeals held that the statute of limitations on an Oregon prisoner’s federal habeas corpus petition should be equitably tolled due to delusions the prisoner ...
Article • October 28, 2015
Mississippi Supreme Court Reverses Time Bar in Wrongful Conviction Civil Suit by Mississippi Supreme Court Reverses Time Bar in Wrongful Conviction Civil Suit The Supreme Court of Mississippi, on January 9, 2014, reversed and remanded Adams County Circuit Court’s time-barred dismissal of appellant Larry Hammett’s motion to reinstate his claim ...
Article • July 7, 2015 • from PLN July, 2015
Supreme Court Holds Equitable Tolling Excuses Missed Federal Tort Claim Filing Deadlines by Derek Gilna Supreme Court Holds Equitable Tolling Excuses Missed Federal Tort Claim Filing Deadlines by Derek Gilna It’s not easy to sue the United States for damages. According to the Supreme Court, “The Federal Tort Claims Act ...
Article • July 3, 2015
Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal by Bob Williams Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal by Bob Williams In December 2009, the Tenth Circuit held that Heck v. Humphrey, 512 U.S. 477 (1994) did ...
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 Reverses Dismissal of California ADA Suit Against Parole Officers by Derek Gilna Ninth Circuit Reverses Dismissal of California ADA Suit Against Parole Officers by Derek Gilna In a decision that displayed its displeasure with California parole officers’ disregard for both the spirit and statutory requirements of the Americans ...
Article • October 10, 2014 • from PLN October, 2014
Filed under: Appeals, Limitations
Seventh Circuit Extends Appeal Filing Deadline for Prisoner Misled by Court Clerk by Matthew Clarke Seventh Circuit Extends Appeal Filing Deadline for Prisoner Misled by Court Clerk by Matt Clarke In a well-crafted opinion delivered on August 8, 2013, the Seventh Circuit Court of Appeals held that a prisoner who ...
Article • September 20, 2014 • from PLN September, 2014
Fifth Circuit: “Mailbox Rule” Applies to Texas State Habeas Petitions by Fifth Circuit: “Mailbox Rule” Applies to Texas State Habeas Petitions The Fifth Circuit Court of Appeals has held that the “mailbox rule” of Houston v. Lack, 487 U.S. 266 (1988) now applies to determining the date when Texas prisoners ...
Article • February 15, 2014 • from PLN February, 2014
Deliberate Indifference Medical Claim Accrues Upon Discovery of Injury and its Cause by The Seventh Circuit Court of Appeals has articulated a rule for determining when a prisoner’s claim of deliberate indifference to a serious medical need accrues. In so doing, the Court reversed an Indiana federal district court’s dismissal ...
Article • January 15, 2014 • from PLN January, 2014
Tenth Circuit: FRAP 4(b) Clock Commences Upon Entry in Public Docket by The Tenth Circuit Court of Appeals held that a judgment must be entered on a district court’s publicly accessible criminal docket to commence the 14-day time limit in which a defendant may file a notice of appeal. Francisco ...
Article • December 15, 2013 • from PLN December, 2013
Ninth Circuit Affirms Finding that Claim Accrues Each Time a Request for Conjugal Visits is Denied by On November 21, 2012, the Ninth Circuit Court of Appeals affirmed a district court’s finding that a prisoner’s challenge to the denial of his request for conjugal visits was not barred by the ...
Article • September 15, 2013 • from PLN September, 2013
Seventh Circuit: Indiana Tolling Provision May Excuse Time-Barred Suit; Rule 12(b)(6) Dismissal Improper by The Seventh Circuit Court of Appeals has reversed a district court’s dismissal of an Indiana prisoner’s lawsuit as being time-barred. In January 2008, Pendleton Correctional Facility prisoner Danny R. Richards began complaining of abdominal pain and ...
Sixth Circuit Vacates Section 1915(e)(2) Dismissal of Discrimination Claim by The Sixth Circuit Court of Appeals vacated a lower court’s sua sponte dismissal of a Kentucky prisoner’s race discrimination claim as frivolous under 28 U.S.C. § 1915(e)(2). Kentucky prisoner DeWayne Brand, an African-American, shared a cell with white prisoner Troy ...
Seventh Circuit Reverses Dismissal of Illinois Prisoner's Lawsuit Related to Shooting by The Seventh Circuit Court of Appeals has held that a lower court erred in dismissing an Illinois prisoner's excessive force, deliberate indifference and retaliation claims. On May 16, 2009, an unidentified Stateville Correctional Center guard fired two rounds ...
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 ...
Article • July 15, 2013 • from PLN July, 2013
Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 by Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 The Sixth Circuit Court of Appeals has held that a pretrial detainee did not suffer a violation of his Sixth Amendment right to ...
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