Case Citator › Joseph Jackson, II v. State of Arizona (Unknown) Terry, Deputy Acting Warden (Unknown) Avenenti, Deputy Warden

Joseph Jackson, II v. State of Arizona (Unknown) Terry, Deputy Acting Warden (Unknown) Avenenti, Deputy Warden

Is it still good law? What later courts have actually done to this case.

Superseded by statute
Court
Ninth Circuit
Citation
885 F.2d 639
Decided
Confirmed treatments
1
Flagged citations read
965 of 965
Citing cases (total)
1,926
Treatment dates
2000
Superseded by statute
A reviewed court treats this case as superseded by later legislation. Jackson v. Arizona's former Section 1915(d) pre-service rule has been superseded by statute: all 965 flagged citations have been read, with the 1 confirmed treatment listed below. The en banc Ninth Circuit in Lopez v. Smith held that the Prison Litigation Reform Act expanded district courts' authority by permitting sua sponte dismissal before service when an in-forma-pauperis complaint fails to state a claim.
More on how this was screened

The reviewed opinions did not adversely treat Jackson's separate Eighth Amendment, deliberate-indifference, or prisoner-typewriter holdings. Later district courts repeatedly reported Lopez's statutory treatment of Jackson in history parentheticals; those reports are not duplicated as treatments.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

1,926 later cases cite Joseph Jackson, II v. State of Arizona (Unknown) Terry, Deputy Acting Warden (Unknown) Avenenti, Deputy Warden; 965 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Joseph Jackson, II v. State of Arizona (Unknown) Terry, Deputy Acting Warden (Unknown) Avenenti, Deputy Warden?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Superseded by Statute

  • The en banc Ninth Circuit held that the PLRA expanded district courts' power beyond Jackson by authorizing sua sponte, pre-service dismissal of an in-forma-pauperis complaint for failure to state a claim.

    Lopez v. Smith · Ninth Circuit (en banc) · filed

    Section 1915(e)(2)(B)(ii), even under our reading, allows a district court to dismiss, sua sponte and prior to service of process, a complaint that fails to state a claim, a power courts did not have prior to enactment of the PLRA. See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989). This is a significant expansion of power that will curb the flood of prisoner lawsuits, spare the government the expense of serving parties, and' save defendants the trouble of answering meritless complaints.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

Describe your facts. Ezel reads Joseph Jackson, II v. State of Arizona (Unknown) Terry, Deputy Acting Warden (Unknown) Avenenti, Deputy Warden and the cases that treated it, then tells you whether it still holds for your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace