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Mailbox Rule Inapplicable to Prisoners Represented by Counsel
Loaded on Oct. 1, 2021
published in Prison Legal News
October, 2021, page 50
The Sixth Circuit Court of Appeals held that “in the context of civil complaints, the prison mailbox rule applies only to prisoners who are not represented by counsel and are proceeding pro se.”
The court’s February 17, 2021, opinion was issued in an appeal brought by Blake Cretacci, who alleged ...
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More from this issue:
- PREA: Tackling the Nightmare of Prison Rape, by David Reutter
- From the Editor, by Paul Wright
- Nebraska Supreme Court Holds Discretionary Function Exception Bars Lawsuit Over Prison’s Botched Response to Uprising
- Arizona Federal Court Rescinds Approval of Jensen Settlement; Sets Class Action Medical and Control Unit Case Against Arizona DOC for Trial, by Matthew Clarke
- $50,000 Settlement for Denial of Medical Care at Tribal Jail in Montana
- Protective Order Issued in Florida Solitary Confinement Lawsuit, by David Reutter
- Georgia Enacts Massive Probation Reform Bill, by David Reutter
- Prison Staff Are Refusing Vaccines. Incarcerated People Are Paying the Price., by Joshua Manson, Erika Tyagi
- The States that Lead the Nation in COVID-19 Cases Are Hiding Their Prison Data, by Neal Marquez, Erika Tyagi, Sharon Dolovich
- Court Grants Class Certification for Illinois Prisoners in Restrictive Housing Lawsuit, by Keith Sanders
- Eighth Circuit Reverses Dismissal of HRDC Postcard-Only Suit Against Arkansas Jail, by David Reutter
- South Carolina Attorney General Issues Opinion That Information in State Prisoners’ Death Certificates Is Public Information, by Matthew Clarke
- HRDC Case Sues JPay Over Fee-Heavy “Release Card” Debit Cards
- Eleventh Circuit Holds No Qualified Immunity on Deliberate Indifference in Heat Exhaustion Case, by David Reutter
- Colorado Jail Blows Through $16 Million in COVID Relief Money, Has Outbreak Anyway, Settles ACLU Conditions Suit, by David Reutter
- Tennessee Department of Corrections Rebids $123 Million Health Care Contract After Corizon Accuses It and Centurion of Bid Rigging, by Matthew Clarke
- Death, Neglect and Despair in U.S. Tribal Jails, by Daniel A. Rosen
- Study Analyzes Deaths of Parole-Approved Texas Prisoners Awaiting Release, by Matthew Clarke
- File a CFPB Complaint for Unfair Money Transfer Fees
- Hunger Strike, Ceiling Collapse, Lawsuit Spotlight Deteriorating Conditions at Women’s Prison in Illinois, by Panagioti Tsolkas, Brian Dolinar
- Sacramento Sheriff Used Prisoner Welfare Fund for Trips, Salaries and Equipment, by Matthew Clarke
- Fourth Circuit Rules Prisoner Sex Offender has No Right to In-Person Visitation with His Minor Children, by Douglas Ankney
- Virginia Department of Corrections Confirms Visitation Not Primary Means of Contraband Introduction, by Kevin Bliss
- Seven Former GEO Employees Plead Guilty in Federal Texas Private Jail Bribery Scheme
- Indiana DOC Settles Class-Action Lawsuit Over Ban on Incoming Mail Except That in White Envelopes Using White, Lined Paper
- Supreme Court Reverses Qualified Immunity Dismissal of Texas Prisoner’s Excessive Force Claim, by Douglas Ankney
- Local Pennsylvania Voters Ban Solitary Confinement and No-Knock Warrants, by David Reutter
- Absent Expert Medical Testimony, Deliberate Indifference Tough to Prove in Medical Cases, by David Reutter
- Erie County Sheriff Settles AG Lawsuit for Violating New York Reporting Directives, by Kevin Bliss
- California Slashes High Call Rates in Prisons and Jails, by Chuck Sharman
- Mailbox Rule Inapplicable to Prisoners Represented by Counsel
- Federal New York City Jail Made Infamous by Jeffrey Epstein Death Closed Due to Persistent Problems and Incompetence
- New Connecticut Law Eliminates Prison Gerrymandering
- $56 Million Settlement in CoreCivic Securities Violation Lawsuit, by David Reutter
- Judge Orders COVID Emergency Release Procedures at Lompoc Federal Prison, by Jayson Hawkins
- Eleventh Circuit Grants Prisoner with Hep C Exception to PLRA Three Strikes Rule
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- Iowa County Wants to Use COVID-19 Relief Money to Build New Jail, by Keith Sanders
- $1 Million Settlement in Georgia Prisoner’s Preventable Suicide Attempt and Death, by David Reutter
- Immigration Detention Contracts Cancelled in Georgia and Massachusetts, by Daniel A. Rosen
- $500,000 Settlement for California Jail Rape, Deputy Fired and Sentenced
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- News in Brief
More from these topics:
- Eleventh Circuit Revives Claim Against Florida Jail That Forced Detainee to Scan Legal Mail Into Computer with Memory Chip, March 1, 2024. Jail Specific, Supervisory Liability, Municipal Liability, Legal Mail, First Amendment, rights, Attorney/Client.
- Misadventures in Mail Censorship, Jan. 1, 2024. Administrative Exhaustion (PLRA), Grievances, Mail, Publications/Books, Mail Regulations, Due Process, Censorship, Prison Regulations.
- $9,000 Settlement for Florida Prisoner’s Retaliation and Excessive Force Claims Against Guards, Jan. 1, 2024. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Legal Mail.
- Eleventh Circuit Addresses First Amendment, Due Process Interests in Georgia Prisoner Emails, Jan. 1, 2024. Electronic Monitoring, Qualified Immunity, Due Process, First Amendment, rights, Attorney Misconduct/Disqualification, Email and IP Addresses, Prison Mail, Legitimate Penological Interests.
- California Appeal Court Won’t Let Prisoner Use Legal Mail to Send “Kites”, June 22, 2023. Legal Mail, Censorship, Prison Mail.
- Georgia Supreme Court Announces Overruling Longstanding Rule That Anything Filed by Defendant While Represented by Counsel Is Always a ‘Legal Nullity’, June 15, 2023. Self-representation.
- California Court of Appeal: Trial Court’s Denial of Faretta Request Without Finding of ‘Severe Mental Illness’ Denied Defendant Sixth Amendment Right to Self-Representation, Feb. 15, 2023. Mental Health, Self-representation, Mental Health Records.
- Federal Judge Says Alaska DOC Policy Rejecting Prisoner Mail Without Notice Violates Due Process, Nov. 30, 2022. Due Process.
- Sixth Circuit: COA Not Required to Appeal Order Denying Rule 4(a)(5) Motion for Extension of Time to File Notice of Appeal, July 15, 2022. Appeals/Appellate Jurisdiction, Periods of Delay.
- Third Circuit: District Court’s Focus on Substance of Defendant’s Meritless Arguments in Denying Request to Represent Himself Resulted in Inadequate Inquiry Prior to Denial in Violation of Sixth Amendment, July 15, 2022. Self-representation.