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Eighth Circuit Upholds Dismissal of Minnesota Prisoner Medical Deliberate Indifference Lawsuit by On November 24, 2014, the Eighth Circuit U.S. Court of Appeals issued a ruling that affirmed a district court order granting summary judgment to Olmstead County, Minnesota defendants in a lawsuit in which the family of a deceased ...
Article • March 14, 2017
Eighth Circuit Affirms Denial of Immunity to Prison Guard Sued for Calling Prisoner a "Snitch" by On December 16, 2014, the Eighth Circuit U.S. Court of Appeals ruled that a federal district court judge in Alabama correctly denied a motion for summary judgment to a state prison lieutenant who was ...
West Virginia Supreme Court Undermines Prisoners’ Right to Sue for Rape by West Virginia Supreme Court Undermines Prisoners’ Right to Sue for Rape In a March 27, 2014 decision, the Supreme Court for the state of West Virginia held that a female prisoner who claimed she had been raped multiple ...
Article • November 18, 2015
Ohio Magistrate Finds for Plaintiff in Prisoner’s Deliberate Indifference Death by Ohio Magistrate Finds for Plaintiff in Prisoner’s Deliberate Indifference Death On November 21, 2012, a magistrate judge for the United States District Court Southern District of Ohio, hearing motions ancillary to a suit brought by the plaintiff, the mother ...
Article • November 13, 2015
Florida Woman States Claim Against Man Running “Mug Shot” Websites for Advertising and Profit by Florida Woman States Claim Against Man Running “Mug Shot” Websites for Advertising and Profit The U.S. District Court for the Middle District of Florida has denied a defendant’s motion to dismiss Shannon Bilotta’s suit in ...
First Circuit Reverses Summary Judgment for Retaliation Claim by First Circuit Reverses Summary Judgment for Retaliation Claim On February 6, 2013, the First Circuit Court of Appeals reversed summary judgment granted to Correctional Medical Services, Inc. ("CMS") for an alleged retaliation claim under the Americans with Disabilities Act. In spring ...
Article • October 19, 2015
Pennsylvania Prisoner Loses Hepatitis C Deliberate Indifference Suit by Pennsylvania Prisoner Loses Hepatitis C Deliberate Indifference Suit Before a magistrate for the United States District Court for the Western District of Pennsylvania on December 9, 2013, Pennsylvania Department of Corrections’ officials and medical staff prevailed on several fronts in separate ...
Nebraska District Court Rules on Medical Deliberate Indifference Case by Nebraska District Court Rules on Medical Deliberate Indifference Case On November 13, 2013, the United States District Court for the District of Nebraska denied in part and granted in part motions proffered by three different groups of defendants in a ...
Article • October 9, 2015
$4.28 Awarded to Prisoner; Wins Summary Judgment by $4.28 Awarded to Prisoner; Wins Summary Judgment New Mexico state prisoner William McGhee sued state prison officials in federal court after they took $78.00 from his prison account to cover the cost of a damaged law book. McGhee asked for recovery of ...
Article • September 24, 2015 • from PLN October, 2015
Due Process Violation for “Sham” Reviews During 13 Years in Segregation by David Reutter Due Process Violation for “Sham” Reviews During 13 Years in Segregation by David M. Reutter The Sixth Circuit Court of Appeals reversed a grant of summary judgment to prison officials on a due process claim, holding ...
Article • January 10, 2015 • from PLN January, 2015
Prisoner’s Request for Medical Care after Signing Refusal Form Precludes Summary Judgment by David Reutter Prisoner’s Request for Medical Care after Signing Refusal Form Precludes Summary Judgment by David M. Reutter The Eleventh Circuit Court of Appeals has reversed a summary judgment order for the defendants in a former prisoner’s ...
Article • August 12, 2014 • from PLN August, 2014
Failure to Treat Tuberculosis Suit Survives Summary Judgment, Settles for $1.4 Million by Derek Gilna Failure to Treat Tuberculosis Suit Survives Summary Judgment, Settles for $1.4 Million by Derek Gilna In January 2013, the U.S. District Court for the Western District of Washington denied a motion for summary judgment filed ...
Article • August 9, 2014 • from PLN August, 2014
Fifth Circuit Grants Summary Judgment for Substitution of Pain Medication by Fifth Circuit Grants Summary Judgment for Substitution of Pain Medication The Fifth Circuit Court of Appeals has reversed a denial of summary judgment against jail medical officials who substituted ibuprofen for Percocet when treating a prisoner’s gunshot wound. On ...
Article • July 11, 2014 • from PLN July, 2014
Seventh Circuit Reverses Summary Judgment in Dental Care Suit by David Reutter Seventh Circuit Reverses Summary Judgment in Dental Care Suit by David M. Reutter On July 19, 2013, the Seventh Circuit Court of Appeals reversed a grant of summary judgment to three defendants, holding there was sufficient evidence for ...
D.C. Circuit Reinstates Prisoner’s FOIA Suit by Derek Gilna D.C. Circuit Reinstates Prisoner’s FOIA Suit by Derek Gilna Carlos Marino, incarcerated for a 1997 drug conspiracy conviction, submitted a Freedom of Information Act (FOIA) request to the Drug Enforcement Administration (DEA), seeking the agency’s investigative file for a co-conspirator who ...
Article • June 7, 2014 • from PLN June, 2014
Cook County Detainee’s Suit Alleging Deliberate Indifference to Safety Survives Summary Judgment by David Reutter Cook County Detainee’s Suit Alleging Deliberate Indifference to Safety Survives Summary Judgment by David M. Reutter The Seventh Circuit Court of Appeals has reversed a district court’s grant of summary judgment to a jail guard ...
Article • May 20, 2014 • from PLN May, 2014
Idaho Supreme Court Vacates Summary Judgment for Pepper Spray Manufacturer by Mark Wilson Idaho Supreme Court Vacates Summary Judgment for Pepper Spray Manufacturer   by Mark Wilson   On August 27, 2013, Idaho’s Supreme Court held that a lower state court improperly granted summary judgment to a pepper spray manufacturer ...
Article • March 15, 2014 • from PLN March, 2014
Second Circuit Vacates Magistrate’s Judgment Entered without Consent by On March 6, 2013, the Second Circuit Court of Appeals vacated the summary judgment dismissal of a New York prisoner’s lawsuit, finding he had not consented to having the case decided by a magistrate judge. Willie James Yeldon filed suit in ...
Article • December 15, 2013 • from PLN December, 2013
No Summary Judgment on Claim that Guard Stole Prisoner’s Wedding Ring by The Oklahoma Supreme Court has held that factual disputes about a guard’s alleged theft of a prisoner’s wedding ring precluded summary judgment in a lawsuit that has been pending for the past eight years. In November 2004, Oklahoma ...
Seventh Circuit Upholds CCA’s Victory in Indiana Jail Conditions Suit by On September 14, 2012, the Seventh Circuit Court of Appeals affirmed a district court’s class certification and summary judgment orders in a jail conditions case involving the Marion County Correctional Center (MCCC) in Indianapolis, Indiana, also known as the ...
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