AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and Detention Facilities
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A prisoner claimed
that he was denied adequate medical treatment and that, further, he was
punished for seeking it. The trial court did not abuse its discretion in
dismissing the lawsuit after the prisoner engaged in slurs, insults, and
abusive attacks on the magistrate judge to whom the case was referred.
The trial court properly found that the plaintiff was acting in bad faith
and that no lesser sanction would be sufficient. Koehl v. Bernstein, #12-3855,
740 F.3d 860 (2d Cir. 2014).
Dismissal of a prisoner's federal civil rights lawsuit was a proper sanction for his submission of a falsified document he created which contained information that he could not possibly have known at the time he represented it was prepared. The prisoner submitted the document to try to show that he had properly exhausted available administrative remedies. Campos v. Correction Officer Smith, No. 04-CV-60541, 418 F. Supp. 2d 277 (W.D.N.Y. 2006). [N/R]
Prisoner was not entitled to sanctions against prison officials and their attorneys for alleged failure to fully respond to his discovery requests when he failed to show that they acted in bad faith, vexatiously or unreasonably. Federal trial court finds that defendants' responses to the prisoner's immediate document requests were adequate. Avent v. Solfaro, No. 02Civ.0914(RCC)(RLE), 223 F.R.D. 184 (S.D.N.Y. 2004). [N/R]
Court properly dismissed lawsuit by inmate who failed to pay a $50 sanction in another frivolous suit; result not altered by the fact that the suit claimed that the plaintiff had been struck by buckshot fired in an attempt to subdue another prisoner wielding a knife. Foster v. Eberle, 978 F.2d 1014 (8th Cir. 1992).
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