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Sixth Circuit: § 1983 Actions Classified as Personal Injury Claims
Loaded on Sept. 5, 2018
by David Reutter
published in Prison Legal News
September, 2018, page 50
Filed under:
Injury -- Misc.,
42 U.S. Code § 1983, civil action for deprivation of rights.
Location:
Ohio.
by David Reutter
The Sixth Circuit Court of Appeals held on January 22, 2018 that civil rights actions brought under 42 U.S.C. § 1983 are considered personal injury claims. With that principle established, the Court found that such a claim can survive a plaintiff’s death and allow for party substitution ...
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More from this issue:
- Solitary Instead of Treatment of Mentally Ill Prisoner Costs New Mexico Jail $2 Million, by R. Bailey
- Sixth Circuit: § 1983 Actions Classified as Personal Injury Claims, by David Reutter
- Family of Deceased Colorado Prisoner Accepts Settlement for $5.3 Million, New Policies, by Edward Lyon
- South Dakota Prisoner Fights Porn Ban in Federal Court, by Edward Lyon
- PLRA’s Administrative Remedies Requirement Tolls Limitations Time but Not Accrual Time, by David Reutter
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- Lawsuit Alleges Texas County Jailers Beat, Paralyzed Prisoner, by Matthew Clarke
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- Prison Grievance Coordinator’s Responses Rendered Administrative Remedies Unavailable, by David Reutter
- With Help from ACLU, Parolee Wins $10,000 Settlement Plus $100,000 in Attorney Fees, by Derek Gilna
- Texas Settles Suit Over Rape and Beating of Transgender Prisoner
- With 27 Percent Unemployment, Jobs Crisis Hits Ex-prisoners the Hardest, by Steve Horn
- Maine: Superior Court’s Dismissal for Lack of Jurisdiction Not Supported by the Record, by Dale Chappell
- Canadian Woman Wins Settlement for Death of Son Born in Jail, by Derek Gilna
- New Orleans Parish Court System has Unconstitutional Funding Practices, by David Reutter
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- Two Chicago Prisoners, Released Due to Police Misconduct, Seized by ICE, by Derek Gilna
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- Texas Uses Failed Private Prison to Hold Civilly Committed Sex Offenders, by Matthew Clarke
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- Federal Judge Voids Contract Between Death Row Exoneree and Attorney, by David Reutter
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More from David Reutter:
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- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
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More from these topics:
- $20,000 Settlement for Ohio Prisoner’s Slip-and-Fall Injury, May 1, 2023. Injury -- Misc., Failure to Protect (General), Settlements.
- Nevada Federal Court Says Prisoner’s § 1983 Suit Should’ve Been a Habeas Petition, But Returns Filing Fee, Feb. 1, 2023. Filing Fees, 42 U.S. Code § 1983, civil action for deprivation of rights, Amendments to Petition.
- Seventh Circuit Refuses to Hold Wexford Liable for Prisoner’s Pain from Medical Transports in “Black Box” Restraint, July 11, 2022. Wexford Health Services, Injury -- Misc., Transportation, Restraints, Immunity/Liability.
- National Institute of Justice Funds Research to Differentiate Injuries Caused by Child Abuse from Accidental Injuries, Aug. 15, 2021. Injury -- Misc., Child Abuse/Abusers.
- Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim, March 15, 2021. Fifth Amendment, 42 U.S. Code § 1983, civil action for deprivation of rights, Miranda.
- Fifth Circuit Upholds Dismissal of Prisoner's Lawsuit Over Guard's Failure to Protect Him From Another Prisoner's Attack, Sept. 15, 2020. Injury -- Misc., Eighth Amendment, Failure to Protect (Staff), Deliberate Indifference.
- State of New York 50 Percent Liable for Prisoner’s Injury Sustained from Table Saw, Feb. 4, 2020. Injury -- Misc., Immunity/Liability.
- California Jail Prisoner’s Broken Leg Nets $550,000 Settlement, Jan. 9, 2020. Medical, Injury -- Misc., Settlements.
- Retroactive Oregon Judicial Decisions Do Not Violate Ex Post Facto Prohibitions or Due Process, Dec. 1, 2019. 42 U.S. Code § 1983, civil action for deprivation of rights.
- Not Guilty but Punished Anyway, Nov. 18, 2019. 42 U.S. Code § 1983, civil action for deprivation of rights.