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Summary Dismissal of Court Access Claim Reversed

Loaded on Jan. 15, 2008 published in Prison Legal News January, 2008, page 38
Filed under: Civil Procedure, Complaints. Location: Indiana.
The Seventh Circuit Court of Appeals reversed a lower court?s sua sponte dismissal of a prisoner?s access-to-courts lawsuit for failure to state a claim. The appellate court also held that the prisoner was entitled to amend his complaint.

Indiana prisoner Kenneth Marshal filed a handwritten, pro se complaint in federal ...

 

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  1. The Poisoned Pen of Fort Lyon Prison, by Alan Prendergast
  2. From the Editor, by Paul Wright
  3. Food Deprivation & Pink Clothing Imposed for Violating South Carolina Prison Rules, by David Reutter
  4. Largest Oregon Jail a Cesspool of Misconduct and Mismanagement, Report Finds; Sheriff Faulted and Under Fire, by Mark Wilson
  5. Retired Canadian Football-Star-Turned-Prison-Official Faulted, by Gary Hunter
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  10. Oklahoma Jail Dodges $700,000 in Fines, by Gary Hunter
  11. CCA-Run Immigrant Family Detention Center in Texas Violates Settlement Conditions, by Matthew Clarke
  12. $195,000 Paid to Family of Slain Florida Prison Guard, by David Reutter
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  14. Alabama Corrections Commissioner’s Contempt Order Upheld
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  16. Lawsuit Against WI Supermax Settled for $475,000; General Population Prisoners Fill Beds
  17. No Criminal Wrongdoing Found in Overpayments to Florida Private Prisons, by David Reutter
  18. Prisoner Crashes Jet Ski into Dock in Camden County, Georgia
  19. Most Serious Sex Offenders in Boston Living in Homeless Shelters
  20. New York City Settles Prisoner-On-Prisoner Assault for $180,000
  21. Iowa Faith-Based Program Held Unconstitutional by 8th Circuit; Continues with Private Funding
  22. Hawaii Youth Prison Financial Audit Finds Excessive Overtime/Leave Abuses
  23. Eighth Circuit Upholds Arkansas Jailer’s 78-Month Sentence for Brutalizing Prisoners
  24. Self-Defense: A New Jersey Prisoner’s Right
  25. Wrongful Death Suit Against LA County Jail Settles For $750,000
  26. Eighth Circuit Holds State Funding of Iowa Faith-Based Prison Unconstitutional, by Michael Rigby
  27. California Jail Settles Gender-Identity-Disorder Discrimination Suit, by John Dannenberg
  28. $35,000 Jury Award in Massachusetts Prisoner’s Assault by Guards
  29. BOP Byline Prohibition Unconstitutional, by David Reutter
  30. Washington Pays $665,000 to Prisoner Injured In Racially Motivated Attack
  31. Connecticut Prisons Begin 10% Deductions of Prisoner Monies
  32. Vermont DOC: Nations Biggest Prison Dispenser of Psychotropic Medication
  33. United States Sentencing Commission Approves Crack Reform For Federal Prisoners
  34. Eleventh Circuit Condemns One-Sentence Qualified Immunity Denial Order
  35. $25,000 Settlement in Miami False Arrest, Strip Search Suit
  36. Seventh Circuit Rejects Federal Prisoner’s Necessity Defense
  37. Some Australian Prisoners Entitled to Vote
  38. Fourth Circuit Finds Virginia Prisoner’s Religious Exercise Claim Meritorious, by Michael Rigby
  39. Summary Dismissal of Court Access Claim Reversed
  40. California: 1st Degree Occupied Burglary Doesn’t Bar Working in Licensed
  41. Michigan Anti-Civil Rights Amendment Declared Unconstitutional, by John Dannenberg
  42. Prisoner’s Oral Complaints Worthy of First Amendment Protection;
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