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Failure to Give Summary Judgement Notice is Reversible Error
Loaded on April 15, 1999
published in Prison Legal News
April, 1999, page 19
The court of appeals for the Ninth Circuit, en banc, reaffirmed that pro se prisoner litigants are entitled to fair notice of the requirements of the summary judgment opposition rule. The court also held that the notice requirement may be met by the other party rather than just the district ...
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More from this issue:
- The Mental Torture of American Prisoners: Cheaper Than Lab Rats, Part 2, by Hans Sherrer
- Medical Care Unconstitutional in Puerto Rico Prisons
- From the Editor, by Paul Wright
- PLN Sues Michigan DOC over Censorship of The Celling of America
- Michigan Department of Corrections Fined $300,000 in Contempt Case
- Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles
- Jailhouse Journalism: The Fourth Estate Behind Bars by James McGrath (Book Review), by Paul Wright
- Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States (Book Review), by Alex Friedmann
- PLRA Exhaustion Requirement Not Retroactive
- PLRA Fee Provisions Apply to All Pending Cases in the Fifth Circuit
- Eighth Circuit Upholds, Defines IFP Provisions
- IFP Application Not Required When Suit Filed
- Physical Injury Requirement Not Retroactive
- No Leave to Amend Complaint for IFP Litigants
- PLRA Doesn't Ban Class Actions
- Trouble in Mind: ADX – The Fourth Year, by Ray Luc Levasseur
- Daring Death Row Escape Shakes up Texas
- Oregon "Predatory Sex Offender" Label Requires Notice and Hearing
- De Facto Ban on Live Testimony Unconstitutional
- South Carolina Parole Elimination Violates Ex Post Facto
- Illegal Detention Violates Substantive Due Process
- Jury Awards $8,000 in California Prison Assault
- New York Prisoners Have Right to Staff Assistance and Witness Testimony
- Seventh Circuit Defines Court Access Claims Involving Property
- Failure to Give Summary Judgement Notice is Reversible Error
- Indiana May Not Deny Pay and Educational Programs to Protective Custody Prisoners
- No Appeal Allowed in Louisiana Consent Decree Dissolution
- U.S. District Courts Have No Authority To Grant Or Deny Credit Toward Sentence
- Denial of Good Time Because of Jury Sentencing Choice Violates Equal Protection
- $45,000 Award in BOP Tort Claim Medical Neglect Suit
- Released Sex Offender Not "In Custody" for Habeas
- New York Jail Brutality Suit Settled for $3,500
- Timothy "Little Rock" Reed Released on Parole
- $1,500 in Disabled Prisoner Work Suit
- $355,000 Verdict in New York Asthma Death
- Mauro Vacated for Rehearing
- Parole Change May Violate Ex Post Facto; Change Can Be Challenged Via § 1983
- BOP Violent Offender Notification Policy Overinclusive
- Twenty-Four Hour Notice of Disciplinary Charges Required
- Seizure of Trust Account Interest Violates Takings Clause
- Denial of Handicapped Jail Facilities Set for Trial
- News in Brief
- Cane Seizure Can Violate Eighth Amendment
- $250,000 FTCA Beating Judgment Reversed
More from these topics:
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- Seventh Circuit Offers Wisconsin Prisoner Just a Little Help in Suit Alleging He Was Held in Feces-Stained Cell Without Water, Feb. 15, 2025. Sewage, Water, Sanitation, Summary Judgment.
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- TDCJ Denied Summary Judgment In Suit by Prisoner Who Missed Grievance Deadline Because Guard’s Assault Left Him In a Coma, Sept. 15, 2024. Staff-Prisoner Assault, Guard Brutality/Beatings, Summary Judgment.
- Indiana Supreme Court Says “Summary Judgment Is Not Summary Trial,” Remanding State Prisoner’s Malpractice Claim to a Jury, Aug. 15, 2024. Malpractice (Attorneys), Summary Judgment, Resentencing, Remands/Rehearings/Resentencings.
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- Potential Dangers of Medical Monitors, April 15, 2024. Medical, Police State-Surveillance, Electronic Surveillance.