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Prisoner's Civil Rights Action Alleging False Imprisonment Reinstated

By Shari Allison

Cohen v. Longshore, ___ F.3d ___ , 2010 WL xxx (10th Cir. 2010) (CO) (No. 09-1563)The district court abused its discretion in dismissing plaintiff?s civil rights complaint for false imprisonment and denying extension of time to amend when the court failed to consider the plaintiff?s reasons for delay, which were all outside of Plaintiff?s control, including serious medical conditions. It abused its discretion in dismissing for the pro se Plaintiff?s failure to attach the exact same exhibit to each copy of the amended complaint he filed. This appeared to be a inadvertent failure and not a disregard of any district court order. Because the dismissal was with prejudice (the default position since the court did not specify), the district court failed to consider the multiple factors required before dismissal with prejudice...continue to full post

Full post as published by Tenth Circuit Blog on October 20, 2010 (boomark / email).