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Seventh Circuit: Local Rules Requiring Specific Filings to Summary Judgments Should Not be Used as a Sanction
by Dale Chappell
Providing an example of how the rules apply to everyone—even pro se prisoners—the US Court of Appeals for the Seventh Circuit upheld the motion of summary judgment (MSJ) by the district court in denying a prisoner’s federal civil lawsuit claiming bad medical care at the Wisconsin Secure ...
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More from this issue:
- Wrongfully Convicted Man Freed for Murder of Oregon DOC Director, But State Wants Him Back In Prison, by Mark Wilson
- From the Editor, by Paul Wright
- Indiana DOC Settles HRDC Mail Censorship Suit, by Chuck Sharman
- HRDC Represents Wrongfully Convicted Florida Man Who Spent 37 Years in Prison for a Rape Murder He Did Not Commit, by Chuck Sharman
- Fifth Circuit Overturns Permanent Injunction Requiring Texas Prison to Observe COVID-19 Precautions, by Matthew Clarke
- $750,000 Settlement in South Carolina Pretrial Detainee’s Suicide by Southern Health Partners, by David Reutter
- Arizona Auditor’s Report Finds Underfunding of DOC’s Capital Funding Requests and Unreconciled Prisoner Trust Fund Accounts, by Matthew Clarke
- Preliminary Injunction Bars Arkansas from Confiscating Prisoners’ COVID Stimulus Money, by David Reutter
- Washington State Prison Chief Secretly Forced to Retire, But Why?
- Benevolent or Predatory?, by Casey Bastian
- Georgia Sheriff Suspended After Indictment on Federal Civil Rights Charges, by David Reutter
- Language Matters: Why We Use the Words We Do, by Paul Wright
- What’s in a Name?, by Jeffrey Ross
- Louisiana Prisoners Used as Slave Labor During Hurricane Ida, Families Left in the Dark for Weeks, by Brian Dolinar
- Will Federal Prisoners on Home Confinement Have to Return to Prison?, by Dale Chappell
- Kentucky’s Prison HCV Policy of Monitoring Without Treatment Constitutional, by David Reutter
- Seven Guards Fired Over Collins County Texas Jail Death, by Jayson Hawkins
- All Massachusetts Jails to Provide Prisoners Ten Free Minutes of Phone Calls Per Week and Cap Charges on Additional Minutes at 14 Cents
- Company Surveils Activists Opposing Construction of Prisons and Jails, by Keith Sanders
- Federal District Court Orders All CDCR Employees be Vaccinated, by Douglas Ankney
- Louisville Jail Moves to Have Free Phone Calls for Prisoners by First of the Year, by Kevin Bliss
- Hackers Breach Thousands of Security Cameras, by David Reutter
- Wisconsin Feels Effects of Staffing Shortage in State Prisons, by Kevin Bliss
- First Prisoner Elected to Hold Public Office in Washington DC, by Kevin Bliss
- $72,000 Settlement Over Corizon’s Lack of Medical Treatment to Injured Arizona Prisoner, by Matthew Clarke
- Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts, by Dale Chappell
- Weeks Without a Shower: Neglect Defines COVID-19 Containment in California Jails, by Brian Osgood
- Audit Reveals Federal Bureau of Prisons’ Chaplaincy Services Branch Critically Depleted, by Casey Bastian
- To End Mass Incarceration, We Need to Bust the Myths That Prop It Up, by James Kilgore
- CFPB Hits JPay with $6 Million in Fines and Restitution Over Fee-Heavy “Debit Release Cards”, by Chuck Sharman
- Eleven Guards Fired after Death at Houston Jail, by Brian Dolinar
- HRDC Prevails Over Wellpath as Vermont Supreme Court Rules Private Contractor Must Release Public Records, by David Reutter
- Second Circuit Reversed Dismissal of Former BOP Prisoner’s FTCA Claim Against Dentist, by David Reutter
- Indiana Prisoner Entitled to Credit Time During Period of Erroneous Liberty, by David Reutter
- Eighth Circuit Clarifies Legal Standards for Conditions-of-Confinement Lawsuits Brought by Civilly-Committed Sex Offenders, by Matthew Clarke
- $731,000 Jury Award to Illinois DOC Prisoner Held 23 Months Beyond Release Date, Over $210k in Fees Awarded As Well, by David Reutter
- Prisoner Voting Population Grows as Illinois Bill Extends Polling Sites to County Jails
- Massachusetts Department of Corrections Sued Over Use of “Fake” Drug Tests on Legal Mail, by Casey Bastian
- Seventh Circuit: Local Rules Requiring Specific Filings to Summary Judgments Should Not be Used as a Sanction, by Dale Chappell
- Michigan DOC Eases Up on Pregnant Prisoners, Limits Shackles and Solitary Confinement, by Chuck Sharman
- D.C. Federal Court Rules District Providing Unlawfully Inadequate Education to Incarcerated Youth with Disabilities, Grants Preliminary Injunction, by Matthew Clarke
- Prison Officials Actions to Correct Inhumane Cell Conditions Merit Judgement in Their Favor
- $129,000 Bench Verdict for BOP Prisoner in Failure to Warn of Valley Fever
- Lawsuit Over Denial of Medical Treatment for Painful Erection Causing Impotence in Oklahoma County Jail Reinstated by Tenth Circuit, by Matthew Clarke
- CoreCivic Prison at Center of Georgia Drug Trafficking Investigation
- Fifth Circuit Holds Defendants Entitled to Sovereign Immunity For Denial of Sex-Reassignment Surgery to Texas Prisoner, by Matthew Clarke
- Sixth Circuit Holds Court Lacked Jurisdiction to Rule on Summary Judgment in Retaliation Suit by BOP Prisoner
- $5,000 Award for Pro Se Florida DOC Prisoner in Unjustified Pepper Spraying
- California Fire Crew Prisoner’s Escape Attempt Leaves Trail of Destruction
- Forced Shaving of Muslim Colorado Prisoner’s Beard Unconstitutional, by David Reutter
- Oregon Suspends Outside Prisoner Work Crews After Prisoner Escape Sparks International Incident, by Mark Wilson
- Broward County Florida Sheriff Rejects Independent Reviews of Detainee’s Death
- $170,000 Settlement By New Jersey DOC in Transgender Lawsuit With New Policy, by Jayson Hawkins
- $8.6 Million Award Against Wexford for Deliberate Indifference to Prisoner’s Kidney Cancer
- Arizona Federal Court Dismisses NAACP’s Challenge to Private Prisons as Violating Thirteenth Amendment by Commodifying Prisoners for Profit
- Fifth Circuit Holds Confessed Medical Malpractice Does Not Insulate Prison Medical Providers From Finding of Deliberate Indifference, by Matthew Clarke
- $23,000 Settlement Against Pennsylvania Dental Healthcare Company for Inadequate Dental Care
- News in Brief
More from Dale Chappell:
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
More from these topics:
- TDCJ Denied Summary Judgment In Suit by Prisoner Who Missed Grievance Deadline Because Guard’s Assault Left Him In a Coma, Sept. 15, 2024. Staff-Prisoner Assault, Guard Brutality/Beatings, Summary Judgment.
- Indiana Supreme Court Says “Summary Judgment Is Not Summary Trial,” Remanding State Prisoner’s Malpractice Claim to a Jury, Aug. 15, 2024. Malpractice (Attorneys), Summary Judgment, Resentencing, Remands/Rehearings/Resentencings.
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- Washington Fined Over $100 Million for Delays in Competency Evaluations and Restoration, Feb. 1, 2024. Sanctions, Failure to Treat (Mental Illness), Civil Commitment, Competency.
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.
- Washington Agencies Sanctioned for Discovery Violations Reach $3.1 Million Settlement with Disabled Woman Allegedly Abused at State Sanctioned Home, Jan. 1, 2024. Attorney Misconduct, Discovery, Sanctions, Discovery - Lateness of.
- In Suit Over Moldy Cells Causing Fungal Infection, Illinois Warden Denied Summary Judgment Wins Anyway, Dec. 1, 2023. Respiratory, Ventilation, Sanitation, Summary Judgment, Expert Witnesses.
- No Summary Judgment for Private Transportation Company in Maryland Detainee’s Suit Alleging “Horrific” 2,000-Mile Journey, Sept. 15, 2023. Transport Companies, Transportation, Summary Judgment.
- Nevada Muslim Prisoner Wins Suit Over Denial of Jumu’ah Prayer, Jan. 1, 2023. Summary Judgment, Settlements, Required Religious Programming.
- $6,000 Sanction for Mississippi Federal Prosecutor Who Lied to Court About COVID-19 Vaccination Status, Oct. 31, 2022. COVID-19, Failure to Protect (General), Sanctions.