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Ninth Circuit: Indefinite Stay and Denial of Guardian was Abuse of Discretion
Loaded on Feb. 4, 2015
by Mark Wilson
published in Prison Legal News
February, 2015, page 42
Filed under:
Mental Health.
Location:
California.
Ninth Circuit: Indefinite Stay and Denial of Guardian was Abuse of Discretion
by Mark Wilson
On March 24, 2014, the Ninth Circuit held that a district court had abused its discretion in refusing to appoint a guardian ad litem for a pro se prisoner who was legally incompetent.
California state ...
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More from this issue:
- News in Brief
- Ninth Circuit: Abstention Inapplicable in First Amendment Cases, by Mark Wilson
- Tennessee Jail Breached Duty to Provide Medical Care; Damages Trial Ordered, by David Reutter
- Change in Florida Jail Policy Leads to Increased Homelessness, by David Reutter
- Prison Legal News Interviews Musician Wayne Kramer, by Paul Wright
- Eighth Circuit: Atheist Prisoner States Coerced Religious-Based Treatment Claim, by Mark Wilson
- Georgia’s High Court Finds No Categorical Right to Counsel in Civil Contempt Proceedings, by David Reutter
- GEO Group Rescinds $6 Million Donation to Name Stadium at Florida University, by David Reutter
- Private Prison Companies Reject Resolutions to Fund Rehabilitative, Reentry Programs
- Fifth Circuit Reverses Dismissal of Prisoner’s Suit Claiming Lack of Medical Care, by Matthew Clarke
- Prison Violence in Brazil Connected to Abuse, Gangs, Overcrowding
- Eighth Circuit Reverses Dismissal of Prisoner’s ADA/RA Claims, by Mark Wilson
- Misconduct at Washington State Civil Commitment Center as Concern Grows Over Releases, by David Reutter
- Georgia’s Execution Drug Secrecy Law Found Constitutional, by David Reutter
- Native American Prisoners Have Right to Tobacco in Religious Ceremonies, by David Reutter
- Ninth Circuit: Indefinite Stay and Denial of Guardian was Abuse of Discretion, by Mark Wilson
- For Shame! Public Shaming Sentences on the Rise, by David Reutter
- Book Review: Burning Down the House, by Nell Bernstein (The New Press, June 2014). 384 pages, $26.95, by Hannah K. Gold
- Second Circuit: Brady Claim Not Barred by Heck, by Mark Wilson
- Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense
- Eighth Circuit: Jail Guards Denied Summary Judgment for Use of Force against Detainees, by David Reutter
- Seventh Circuit: Dismissal due to Nonpayment of Filing Fee Requires Assessment, by Mark Wilson
- United States, Britain Offer Training to “Improve” Prison Conditions in Afghanistan
- California: Local Ordinances Banning Sex Offenders from Parks Invalidated, by Mark Wilson
- Montana: Extradition Costs Not Recoverable as Restitution, by Mark Wilson
- Life Sentences Spike in Recent Years – Especially in Utah
- Court Finds PLN’s Rights Violated by Arizona Jail; Case Settles for $15,293
- Eighth Circuit: Deliberate Indifference Standard GovernsMedical Care for Civilly Committed Detainees, by Mark Wilson
- Eighth Circuit: No Qualified Immunity for Jail Prisoner Raped in Unlocked Cell; $60,000 Verdict at Trial, by Mark Wilson
- Wisconsin Prison Guard Union Faces Challenges, by Derek Gilna
- Five Deaths in Eleven Months at California Jail Spark Grand Jury Probe
- Washington DOSA Revocation Requires Credit for Community Custody Time, by Mark Wilson
- Texas: $100 Medical Copay for Prisoners Generates Less Revenue than Expected, by Matthew Clarke
- Dialing with Dollars: How County Jails Profit From Immigrant Detainees, by Leticia Miranda
- From the Editor, by Paul Wright
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:
- Wellpath Held in Contempt in Suit at California Jail, March 1, 2024. California Forensic Medical Group, Medical, Systemic Medical Neglect, Dental Care, Contempt (Civil Procedure), Mental Health.
- Indiana Supreme Court Suppresses All Evidence Related to Polygraph Exam for Examiner’s Failure to Disclose Unilater-ally Changing Exam Results From ‘Admissible’ to ‘Inadmissible’ Due to Defendant’s Mental State, Jan. 15, 2024. Mental Health, Polygraph Evidence/Testing, Results of Polygraph Test, Delay in Disclosure.
- Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL, Jan. 15, 2024. New Trial Motions, AEDPA, Mental Health, Statutes of Limitation and Laches, Tolling of Statutes of Limitations and Laches.
- Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement, Dec. 15, 2023. Disabled Prisoners, Mental Health, Excessive Force (Police).
- Nebraska Watchdog Calls Use of Force Against Mentally Ill Prisoner Excessive and Unnecessary, Dec. 1, 2023. Guard Brutality/Beatings, Mental Health, Failure to Treat (Mental Illness), Involuntary Treatment/Drugging.
- DOJ Reaches Consent Decree with New Jersey Jail to Improve Mental Health Care, Nov. 15, 2023. Consent Decrees, Mental Health.
- No Hearing Required for Emergency Dose of Antipsychotic Medication for Mississippi Prisoner, Nov. 15, 2023. Mental Health, Failure to Treat (Mental Illness), Involuntary Treatment/Drugging.
- CDCR Facing Daily Fines in 33-Year-Old Suit Over Deficient Mental Health Care, Nov. 15, 2023. Mental Health, Failure to Treat (Mental Illness), Fines.
- Solitary Confinement is a Catch-22 for Colorado Prisoners and a “Moral Injury” for Mental Health Workers, Sept. 15, 2023. Control Units/SHU/Solitary Confinement, Mental Health.
- Travis County, Texas, Efforts to Keep Mentally Ill Individuals Out of Jail Face Funding, Infrastructure, and Information Management Challenges, Sept. 1, 2023. Cost of Prison Systems, Mental Health, Failure to Treat (Mental Illness).