AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law
for Jails, Prisons and Detention Facilities


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Defenses: Procedural

     Under Missouri law, a county sheriff's department and the medical department of the sheriff's department were merely components of the county and could not be separately sued. Further, a local government entity without the capacity to be sued under state law cannot be sued in federal court. Catlett v. Jefferson County, 299 F. Supp. 2d 967 (E.D. Mo. 2004). [N/R]
     County prison officials whose lawyer did not file a response to inmate's claims concerning alleged deprivation of his medication were entitled to set aside the default against them when the prisoner did not show that doing so would result in any prejudice, or that the lawyer's failure was willful or in bad faith. The lawyer did act to set aside the default within seven days and the defendant officials appeared to have asserted meritorious affirmative defenses. Jackson v. Delaware County, 211 F.R.D. 282 (E.D. Pa. 2002). [N/R]
      When trial court's order dismissed most of prisoner's claims against county employees for allegedly keeping him incarcerated beyond his sentence, but failed to dispose of his claims against one employee, the order was not a final judgment and therefore was not yet appealable by the prisoner. Eubanks v. McCollum, #2000758, 828 So. 2nd 935 (Ala. Civ. App. 2002).[N/R]
     Prior felony conviction may be used to impeach witnesses in federal civil lawsuits without a balancing of "prejudicial effect". Green v. Bock Laundry Machine Co., 109 S.Ct. 1981 (1989).
     Court again attempts to clarify limitations period for civil rights actions. Owens v. Okure, 109 S.Ct. 573, 44 CrL 3049 (January 10, 1989).
     Court's dismissal of inmate's civil rights claim, without prejudice to filing amended complaint, was not appealable. Hatch v. Lane, 854 F.2d 981 (7th Cir. 1988).

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