0 comments on “The Ninth Circuit Reaffirms a Key Principle of §1983 Litigation – A Plaintiff Must Present Evidence That a Defendant Actually Participated in the Violation of the Plaintiff’s Rights”

The Ninth Circuit Reaffirms a Key Principle of §1983 Litigation – A Plaintiff Must Present Evidence That a Defendant Actually Participated in the Violation of the Plaintiff’s Rights

By Mitch Wrosch From November 2005 to August 2013, Plaintiff William King was incarcerated at Twin Towers Correctional Facility, a Los Angeles County jail, where he was held as a civil detainee while awaiting the adjudication of an involuntary commitment…

0 comments on “No Pain, No Gain? A Review of the Physical Injury Requirement under the Prison Litigation Reform Act”

No Pain, No Gain? A Review of the Physical Injury Requirement under the Prison Litigation Reform Act

In 1996, the Prison Litigation Reform Act (PLRA) was enacted to address the increase of prisoner litigation in federal courts.  One provision of the PLRA states that an inmate cannot seek monetary damages for mental or emotional injuries unless that…

0 comments on “Federal Judge Continues to Put the Freeze on ICE Detainers”

Federal Judge Continues to Put the Freeze on ICE Detainers

In the consolidated class action cases of Roy v. County of Los Angeles and Gonzalez v. ICE, a Los Angeles federal judge ruled that federal immigration authorities and the Los Angeles County Sheriff’s Department violated the Constitution by detaining certain…

1 comment on “SCOTUS Watch: Supreme Court Weighs in on Lawsuits Against Federal Officials and Federal Law Enforcement”

SCOTUS Watch: Supreme Court Weighs in on Lawsuits Against Federal Officials and Federal Law Enforcement

Many readers are familiar with a Section 1983 claim, which is the vehicle Congress created to bring constitutional claims against state officials.  Until 1971, there was no equivalent for lawsuits against federal officials until the Supreme Court case Bivens v.…

0 comments on “Double Trouble? Making Plaintiffs Pay for Duplicative Lawsuits”

Double Trouble? Making Plaintiffs Pay for Duplicative Lawsuits

Sometimes a plaintiff will initiate a lawsuit in one court, voluntarily dismiss the case, and refile the same case in another court against the same defendants.  This may occur because a plaintiff is ‘forum shopping’ and trying to find a…