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Civil Rights: 42 U.S.C. §1983-Inmate-Relief from Incarceration
Plaintiff, an inmate, appealed from the adverse grant of summary judgment in his 42 U.S.C. §1983 action. Where plaintiff could not seek release from confinement pursuant to §1983 until exhausting state administrative remedies and habeas relief, the district court correctly granted summary judgment to defendants. Judgment is affirmed as amended. Parkins v. Nguyen (MLW No. […]
Government fails to release data on deaths in police custody
More than four years after Congress required the Department of Justice to assemble information about those who die in police custody, the agency has yet to implement a system for collecting that data or release any new details of how and why people die under the watch of law enforcement. The information vacuum is hampering […]
Government fails to release data on deaths in police custody
More than four years after Congress required the Department of Justice to assemble information about those who die in police custody, the agency has yet to implement a system for collecting that data or release any new details of how and why people die under the watch of law enforcement. The information vacuum is hampering […]
AP Investigation: Many US jails fail to stop inmate suicides
The last time Tanna Jo Fillmore talked with her mother, she was in a Utah jail, angry and desperate. She’d called every day that week, begging for help. I need my medicine, she demanded. At 25, Fillmore had long struggled with mental illness, but medication had stabilized her. Now, she was locked up on a […]
AP Investigation: Many US jails fail to stop inmate suicides
The last time Tanna Jo Fillmore talked with her mother, she was in a Utah jail, angry and desperate. She’d called every day that week, begging for help. I need my medicine, she demanded. At 25, Fillmore had long struggled with mental illness, but medication had stabilized her. Now, she was locked up on a […]
Women complain about discriminatory jail screening policy
A Missouri county legislator has said her local jail has a sexist screening policy that requires any woman wearing an underwire bra to remove the lingerie before entering the facility — a claim the sheriff and corrections department director dispute. Jackson County legislator Crystal Williams raised the issue on Twitter this week after female attorneys […]
Women complain about discriminatory jail screening policy
A Missouri county legislator has said her local jail has a sexist screening policy that requires any woman wearing an underwire bra to remove the lingerie before entering the facility — a claim the sheriff and corrections department director dispute. Jackson County legislator Crystal Williams raised the issue on Twitter this week after female attorneys […]
Civil Rights: Inmate-Access-to-Courts-Summary Judgment
Plaintiff, an inmate, filed a 42 U.S.C. §1983 complaint alleging denial of his access to the courts. The district court granted summary judgment to defendants. Where plaintiff failed to establish that the state had not provided him an opportunity to litigate his challenge to his sentence or to the conditions of his confinement, the […]
Civil Rights: 42 U.S.C. §1983-Inmate-Deliberate-Indifference Claim
Plaintiff, a former inmate, appealed from the grant of summary judgment to defendants on plaintiff’s deliberate indifference claim brought pursuant to 42 U.S.C. §1983. Where review of the record in the light most favorable to plaintiff and drawing all reasonable inferences in plaintiff’s favor established that plaintiff failed to plead a viable deliberate-indifference claim, […]
Civil Practice: Inmate-Deliberate Indifference-Medical Needs
Plaintiff appealed the dismissal of his 42 U.S.C. §1983 action, alleging that corrections officers were deliberately indifferent to his medical needs in diagnosing and treating an earlier stroke, after he was transported to the hospital and diagnosed with suffering a second stroke. The district court ruled that corrections officers could not be held liable when […]
Civil Practice: Inmate-42 U.S.C. §1983-Adverse Grant of Summary Judgment
Plaintiff, a federal inmate, appealed the district court’s grant of adverse summary judgment in plaintiff’s §1983 action. Where there was no merit in plaintiff’s argument, the district court correctly dismissed his action. Judgment is affirmed. Hawk-Gallardo v. Wendling (MLW No. 72922/Case No. 18-2637 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed […]
Civil Rights: Inmate Action-Administrative Segregation-Retaliation
Where an inmate presented evidence that specific defendants placed him in administrative segregation and prevented him from providing his attorney with legal documents shortly after he filed a prior lawsuit against prison officials, an issue of material fact remained on the inmate’s retaliation claim, so summary judgment is reversed in part, but the judgment is […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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