A pro se prisoner litigant is excused for failing to answer a motion for summary judgment because he was not given enough notice of procedural requirements by the court, the 2nd Circuit has ruled. The circuit said the litigant should have been informed by the judge of the consequences of converting a motion to dismiss into one for summary judgment. The case is the latest in which the 2nd Circuit has insisted that lower courts not be sticklers for regular procedure when it comes to motion practice by pro se litigants.
September 28, 2009 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A pro se prisoner litigant is excused for failing to answer a motion for summary judgment because he was not given enough notice of procedural requirements by the court, the 2nd U.S. Circuit Court of Appeals has ruled.
Reviving the lawsuit of Jose Hernandez against corrections officers who allegedly beat him, the circuit said Hernandez should have been informed by the judge of the consequences of converting a motion to dismiss into one for summary judgment.
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