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Third Circuit Joins Fifth, Tenth and D.C. Circuits in Holding Heck Favorable-Termination Dismissals Are PLRA Strikes
Loaded on June 1, 2022
by Mark Wilson
published in Prison Legal News
June, 2022, page 44
Filed under:
Consent Decrees - Termination of.
Location:
New Jersey.
by Mark Wilson
On October 29, 2021, the U.S. Court of Appeals for the Third Circuit handed a New Jersey prisoner a legal defeat. But in the process, it joined the Fifth, Tenth, and D.C. Circuits in holding that a dismissal for failure to meet the “favorable-termination” requirement laid out ...
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More from this issue:
- Locked Up and Left to Die, by Sophie Novack,, Michael Barajas
- After 49 Years in Prison for a Murder in Which He Didn’t Pull the Trigger, Former Black Liberation Army Member Sundiata Acoli Wins Parole, by Chuck Sharman
- Fifth Circuit Reinstates Louisiana Prisoner’s Excessive-Force Claim Despite Prison Disciplinary Conviction Issued for the Same Incident, by Matthew Clarke
- From the Editor, by Paul Wright
- Fifth Circuit Reinstates Louisiana Prisoner’s Suit Dismissed on Heck Grounds, Holds Related Disciplinary Convictions Don’t Absolutely Bar Excessive Force Claims, by Matthew Clarke
- Securus Rolls Out “Free” E-tablets to Texas Prisoners, by Edward Lyon
- Oregon Federal Court Issues Groundbreaking, Model COVID-19 Damage Class & Wrongful Death Class Certification, by Mark Wilson
- Eleventh Circuit Says Florida Prisoner Alleging Sexual Assault by Guard Need Not Also Prove Excessive Force and Malicious Intent, by David Reutter
- Washington Pays $3.25 Million for Negligent Medical Care Causing Preventable Prisoner Death, by Mark Wilson
- DOJ Secures Settlement With South Carolina Department of Juvenile Justice at Detention Center Where Staff Hogtied and Bit Kids, by Brooke Kaufman
- Healthcare Audit in Utah Prisons Reveals “Inadequate Service” and “Systemic Deficiencies” After 18 Prisoner Deaths During Pandemic, by Benjamin Tschirhart
- Ninth Circuit Holds California Prison Officials Entitled to Legislative Immunity When Promulgating Rules, by David Reutter
- After Paying $500,000 to Consultant Outed for Corruption Ties, Iowa DOC Accused of Allowing “Corporate Dodge”, by Jacob Barrett
- $12.5 Million Settlement Over Invasive Strip and Body Cavity Searches of NYC Jail Visitors, by Matthew Clarke
- Maine Center for Public Interest Reporting Uncovers Almost 1,000 Privileged Calls Recorded in Four County Jails, Sues York County for Denying Public Records Request, by Keith Sanders
- BOP Prisoners on Extended Home Confinement Not Headed Back to Prison When COVID-19 Emergency Ends, by Casey Bastian
- $500,001 Settlement Against Guard Who Groped Delaware Prisoner With Long History of Lost Cases, by Keith Sanders
- Kansas Appeals Court Vacates Prison Dentist’s Conviction for Sexually Abusing Prisoner, Says Touching Wasn’t “Lewd”, by Mark Wilson
- The Catalog of Carceral Surveillance: Mobile Correctional Facility Robots, by Beryl Lipton, Cooper Quintin
- Washington Pays $3 Million to Murdered Prisoner’s Family After Overriding Single-Cell Recommendation for Violent Cellmate, by Mark Wilson
- $275,000 Settlement Reached After Detainee’s Attempted Suicide at Illinois Jail, by David Reutter
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- Kentucky Supreme Court Rules ‘Incarceration Fees’ May Not Be Collected After Charges Are Dismissed, by Casey Bastian
- Seventh Circuit Reinstates Suit of Epileptic Illinois Prisoner Who Suffered Seizure and Fell From Top Bunk, by Edward Lyon
- $250,000 Paid to Woman Forced to Give Birth in California Jail Cell by Guards and CFMG Nurses, by Ashleigh Dye
- Sacramento Shooting Stokes Debate Over CDCR Rule Changes on Good Conduct Credit, by Matthew Clarke
- U.S. Prison and Jail Populations Flat or Rising Again After 2020 Decline Spurred by Pandemic, by Matthew Clarke
- Third Circuit Joins Fifth, Tenth and D.C. Circuits in Holding Heck Favorable-Termination Dismissals Are PLRA Strikes, by Mark Wilson
- Sixth Circuit: Michigan DOC’s Years-Long Delay in Access to Religious Services and Items Constitutes Constructive Denial of Religious Exercise, by Jacob Barrett
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- $7,000 Default Judgment Awarded in Failure to Protect Suit Against Former Arkansas Jail Guard, by Harold Hempstead
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- Third Circuit Reinstates Suit Filed by Transgender Prisoner Assaulted at New Jersey Federal Prison, by Matthew Clarke
- $17.5 Million Paid to Ohio Prisoner Left Quadriplegic After Brutal Attack by Guards, by Harold Hempstead
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- “On-Going Distress and Harm” Persist at FCI Sheridan Months After Court-Ordered Inspection, by Brooke Kaufman
- Sixth Circuit Revives Tennessee Detainee’s Suit, Holds Lower Court Not Required to Retain Jurisdiction of State Law Claims After Dismissing Federal Claims, by Matthew Clarke
- $45,000 Paid by Idaho Jail to Settle Censorship Suit Filed by HRDC, by Jacob Barrett
- Illinois Inspector General Finds Prisoner Labor Used to Benefit DOC Employees, by Casey Bastian
- Fifth Circuit Denies Qualified Immunity to Texas Sheriff Who Rehired Abusive Jailer Who in Turn Again Abused a Detainee, by Matthew Clarke
- $6,500 Settlement After Eleventh Circuit Affirms Denial of Qualified Immunity to Florida Jail Officials Who Repeatedly Opened Detainee’s Legal Mail, by David Reutter
- News in Brief
More from Mark Wilson:
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- 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:
- Ninth Circuit Shuts Down Settlement Agreement in Long-Running California Prisoners’ Gang Affiliation Suit, March 1, 2024. Gang Policies, Prison Gangs, Informants (Disciplinary Hearings), Informants, Consent Decrees, Control Units/SHU/Solitary Confinement, Consent Decrees - Termination of.
- Hadix v. Johnson, No. 03-1334 (6th Cir.) (367 F.3d 513) (May 6, 2004) (Judge Cornelia G. Kennedy), June 1, 2004. Punch And Jurists, Consent Decrees - Termination of.
- Handschu v. Special Services Div., No. 71 Civ. 2203 (SCH) (S.D.N.Y.) (288 F.Supp.2d 411) (August 6, 2003) (Judge Charles S. Jr. Haight), Jan. 1, 2004. Punch And Jurists, Consent Decrees - Termination of.
- Benjamin v. Fraser, No. 01-7533 (2nd Cir.) (343 F.3d 35) (September 2, 2003) (Judge Barrington D. Jr. Parker), Aug. 1, 2003. Punch And Jurists, Consent Decrees - Termination of.
- Handschu v. Special Services Division, No. 71 Civ. 2203 (S.D.N.Y.) (288 F.Supp.2d 404) (March 12, 2003) (Judge Charles S. Jr. Haight), Feb. 1, 2003. Punch And Jurists, Consent Decrees - Termination of.
- Handschu v. Special Services Division, No. 71 Civ. 2203 (CSH) (S.D.N.Y.) (273 F.Supp.2d 327) (February 11, 2003) (Judge Charles S. Jr. Haight), Feb. 1, 2003. Punch And Jurists, Consent Decrees - Termination of.
- Ruiz v. Johnson, No. CIV. A. H-78-987 (S.D.Tex.) (154 F.Supp.2d 975) (June 18, 2001) (William Wayne Justice), Sept. 1, 2001. Punch And Jurists, Consent Decrees - Termination of.
- Ruiz v. U.S., No. 99-20228 (5th Cir.) (243 F.3d 941) (March 20, 2001) (Judge Carl E. Stewart), April 1, 2001. Punch And Jurists, Consent Decrees - Termination of.
- Miller v. French, No. 94-224 (U.S. Supreme Court) (530 U.S. 327; 120 S.Ct. 2246) (June 19, 2000) (Justice O'Connor), May 1, 2000. Punch And Jurists, Consent Decrees - Termination of.
- Taylor v. U.S., No. 97-16069 (9th Cir.) (181 F.3d 1017) (June 18, 1999) (Judge Pamela Ann Rymer), Aug. 1, 1999. Punch And Jurists, Consent Decrees - Termination of.