Third Circuit reverses dismissal of suit alleging prisoner abuse in Section 1983 action
Clients Briscoe, Orland
Jones Day Pittsburgh represented Orland Briscoe, whose Section 1983 action against a number of prison guards was dismissed after the court was informed that Mr. Briscoe had refused transport to the final pretrial conference. Mr. Briscoe claimed that he wished to go to the hearing but was denied transport by the guards at his then-current prison. Jones Day argued that the district judge's dismissal constituted an abuse of discretion, and the Third Circuit agreed. In a precedential opinion, the court held that "where, as here, the District Court does not have the facts necessary to conduct a full analysis . . . , the District Court must provide the plaintiff with a full and fair opportunity to be heard regarding his failure to comply with the court's orders."
Orland Briscoe v. Kenneth Klaus, et al. (No. 04-4162) (3d Cir. Aug. 6, 2008)