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Adequate Opportunity for Discovery Required
Loaded on July 15, 1999
published in Prison Legal News
July, 1999, page 19
The court of appeals for the Second Circuit held that when a pro se prisoner brings a colorable claim against supervisory prison officials, and those officials respond with a dispositive motion based on the prisoner's failure to identify the real culprits, dismissal should not occur without additional time for discovery ...
Filed under:
Retaliation,
Retaliation for Litigating,
Retaliatory Transfers,
Appointment of Counsel,
Discovery,
Qualified Immunity,
Supervisory Liability.
Location:
New York.
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More from this issue:
- Strip Mining Human Rights in Virginia's Supermax Dungeons, by Dan Pens
- Florida Guards Acquitted in Brutality Case, by Alex Friedmann
- The Mentally Disordered Inmate and the Law, by Fred Cohen (Book Review), by Paul Wright
- From the Editor, by Dan Pens
- Behind Bars in Brazil (Review of Human Rights Watch Report), by Julia Lutsky
- Human Feces in California Prison's Water, by Willie Wisely
- Iowa to Close Prison Law Libraries
- South Korea Frees Political Prisoner after 41 Years
- Ohio Prisons Cited by EPA, by Dan Cahill
- Missouri Ends Ad Seg Ban on Publications
- Detainee Beaten to Death at Nassau County Jail, by Alex Friedmann
- Wisconsin Prisoners Stage Food Protest
- Exhaustion Required
- PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive
- Illinois Exhaustion Described
- Federal Habeas Not Subject to PLRA
- PLRA Doesn't Affect Court Contempt Powers
- PLRA Physical Injury Requirement Not Retroactive
- Guard Guilty of Penis Stomping
- Florida Prison Erupts
- Washington Gift Subscription Ban Injunction Affirmed
- $660,000 Awarded in Post-Sandin Segregation Suit
- Private Prison Guard Is State Actor for § 1983 Purposes
- VitaPro President Arrested
- Liberty Interest in Parole-Required Custody Classification
- Withholding Dental Care Violates Eighth Amendment, by Ronald Young
- No Interlocutory Appeal on Supervisory Liability When Guard Stabs Prisoner
- Denial of HIV Medication Subjects Medical Contractor to Liability
- Kansas Good Time Forfeiture Violates Ex Post Facto
- Arizona Prisoners Can Pay Filing Fee in Installments
- Infraction Inadmissable at Criminal Trial
- BOP Erred in Running State Sentence Consecutive to Federal Sentence
- Washington Restitution Order Expired Ten Years After Release
- Adequate Opportunity for Discovery Required
- Texas Courts Must Hold Hearing Before Dismissing Suit for Having No Arguable Basis in Fact
- No Suspicion Required for California Parolee Searches
- IDEA Confers Right to Education Even in SHU
- $130,000 in Damages and Fees Awarded in New York Retaliation Suit
- Qualified Immunity in Transsexual Treatment Case
- New York Work Release Suit Dismissed
- Edwards No Bar to Seg Suit
- Washington EFV Cut-Off Date Questioned
- News in Brief
- Retaliation Suit States Claim
- FRAP 24 Good Faith Standard Not High
- 376 Days in New York Seg "Atypical and Significant" Hardship
More from these topics:
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- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- Tenth Circuit Affirms PTS Driver’s Conviction for Torturous Detainee Transport, Jan. 15, 2025. Transport Companies, Retaliatory Transfers, Transportation, Deliberate Indifference.
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