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Ninth Circuit Vacates FRCP 4(m) Dismissal Without Notice
Loaded on Aug. 12, 2014
by Mark Wilson
published in Prison Legal News
August, 2014, page 54
Filed under:
Medication,
Drug Overdose,
Civil Procedure,
Service,
Failure to Treat (Mental Illness).
Location:
Nevada.
Ninth Circuit Vacates FRCP 4(m) Dismissal Without Notice
by Mark Wilson
The Ninth Circuit Court of Appeals held on October 30, 2013 that a district court’s failure to provide notice before dismissing a complaint for non-service and denying leave to amend were abuses of discretion.
Nevada state prisoner John Crowley ...
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More from this issue:
- Report: Prisons in Honduras are Dangerous, Violent and Corrupt, by Matthew Clarke
- Seventh Circuit: Indiana Malicious Prosecution Claim Cognizable via § 1983, by Mark Wilson
- Washington Supreme Court Recognizes Racial Bias in Jury Selection but Fails to Take Action, by Mark Wilson
- Private Prison Contractor Not Subject to New Jersey’s Open Records Act
- Oregon Attorney Fee Repayment Requires Showing of Ability to Pay, by Mark Wilson
- Jails Stop Posting Mug Shots to End "Extortion" by Profiteering Websites
- Unfair Punishment, by Sam Levin
- Ninth Circuit Again Rejects California’s Resistance to ADA Obligations, by Mark Wilson
- Kansas DNA Testing Eligibility Extended to Second-Degree Murder, by Mark Wilson
- Ninth Circuit Vacates FRCP 4(m) Dismissal Without Notice, by Mark Wilson
- Fifth Circuit Upholds Qualified Immunity in Medical Neglect Death of Texas Detainee, by Matthew Clarke
- Cover-up of Angola Prisoner’s Beating Results in Guilty Pleas, $8,000 Settlement
- Lethal Injection Protocol, Source of Execution Drugs Challenged in Pennsylvania
- Washington Prison Guard’s Murder Costs State $2.5 Million and Counting, by Mark Wilson
- Failure to Treat Tuberculosis Suit Survives Summary Judgment, Settles for $1.4 Million, by Derek Gilna
- Physician Sentenced for Sexually Abusing Prisoners in Georgia, District of Columbia
- Washington Jail Detainees Sue over Videotaped "Peep Shows", by Mark Wilson
- ICE Officials Target of Sexual Harassment, Gender Discrimination Lawsuits
- Heat-related Deaths in Texas Prisons Lead to Lawsuits, Reluctant Changes, by Matthew Clarke
- Fifth Circuit Grants Summary Judgment for Substitution of Pain Medication
- Seventh Circuit: Routine Erasure of Prison Security Tapes Does Not Warrant Sanctions, by Michael Brodheim
- Qualified Immunity to Iowa DOC Director for Recalculating Prisoners’ Release Dates, by David Reutter
- Reversal of Oregon Parole Postponement Due to Incorrect Psychological Evaluation, by Mark Wilson
- ACLU Granted Preliminary Injunction Requiring Michigan Jail to Deliver Legal Mail, by David Reutter
- Update on PLN Suit Against Nevada DOC
- South Carolina Supreme Court Reverses Parole Denial, by Michael Brodheim
- Texas Correctional Industries: Providing Useful Work Skills or Slave Labor?
- Ninth Circuit: Prisoner’s Service of Process for Other Prisoner Not Protected Conduct, by Mark Wilson
- U.S. Sentencing Commission Approves Retroactivity for Drug Offense Sentence Reductions, by Derek Gilna
- Temple University Acts on Complaint Against Authors of Private Prison Study
- "Mass Chaos" Reigns at Georgia Prisons, by David Reutter
- How to Starve the For-profit Prison Beast, by Justin Jones
- Qui Tam Lawsuits Under the Federal False Claims Act – An Overview, by Sabarish Neelakanta
- PLN Settles Lawsuit Against Kenosha County, Wisconsin for $116,500, by Derek Gilna
- From the Editor, by Paul Wright
- BJS Report: Jail Population Increases in Indian Country
- News in Brief
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Autistic Detainee’s Death in Pittsburgh Jail Blamed on “Culture” That Left Him “Punished Instead of Treated”, May 1, 2024. Infections, Jail Specific, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Eighth Circuit Says Lower Court “Tilted the Scales Too Far” for Jailers in Missouri Detainee’s Fatal Overdose, May 1, 2024. Drug Overdose, Qualified Immunity.
- Pennsylvania Jail Warden Fired, Deputy Warden Resigns After Guard Assaults Detainee, May 1, 2024. Guard Misconduct, Drug Overdose, Guard Brutality/Beatings.
- Wyoming Supreme Court Grants Immunity to DOC in Prison COVID-19 Vaccine Mix-Up, May 1, 2024. Medication, COVID-19, Immunity/Liability.
- Ninth Circuit Affirms Class Action Consent Decree at California’s Alameda County Jail, May 1, 2024. Jail Specific, Consent Decrees, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Class Actions.
- $32,000 Settlement for Failure to Provide Insulin to Diabetic Wisconsin Prisoner, May 1, 2024. Medication, Failure to Treat.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024. Private Contractors, Food, Water, Jail Specific, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Bail/Pretrial Release.
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024. Medication, Seizures, Failure to Treat, Deliberate Indifference.
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, April 15, 2024. Medication, Statistics/Trends, Warrantless Searches.