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Attorney Fees Must Be Expressly Reserved
Loaded on Aug. 15, 1999
published in Prison Legal News
August, 1999, page 14
The court of appeals for the Eighth Circuit held that a failure to expressly raise the issue of attorney fees during settlement negotiations waives any subsequent claim thereto.
Filed under:
Conditions of Confinement,
Totality of Conditions,
Attorney Fee Awards,
Settlements.
Location:
Nebraska.
This case involves several prisoners, who sued the director of the Nebraska DOC, under 42 U. S.C. section 1983, alleging unconstitutional conditions ...
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More from this issue:
- "Victims' Rights" as a Stalkinghorse for State Repression, by Paul Wright
- No Equal Justice: Race and Class in the American Criminal Justice System, by David Cole (Review), by Alex Friedmann
- From the Editor, by Paul Wright
- PLN Sues Alabama DOC Over Gift Subscription Ban
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Prison-Industrial Complex Conferences Are Spreading the Word, by Hans Sherrer
- Kentucky Jail Settles Strip Search Suit for $11.5 Million
- Washington 35% Law Struck Down by State Court
- Washington Legislature Amends 35% Law, Again, by Paul Wright
- Washington DOC Illegally Penalizes Indigents
- Class Action Suits Challenge Rip-Off Prison and Jail Phone Rates
- FCC Requires Rate Disclosure for Prison Phones
- Kentucky Utilities Commission Reduces Prison and Jail Phone Rates
- Warden Used "Force" in Sexual Assault
- Private Prison Operators Enter Medical Care Market, by Alex Friedmann
- Jury Awards Beaten Texas Prisoner $250,000
- Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure
- CCA Settles Youngstown Suit for $2.48 Million
- Attorney Fees Must Be Expressly Reserved
- PLN Sues Utah Jail over "Bulk Mail" Ban
- First Amendment Guarantees Kosher Meals
- Frivolous Qualified Immunity Appeals Warrant Sanctions
- Individual Capacity Claims Not Applicable to RA and ADA
- Franklin Reversed; DC Prisoners Have No Right to Qualified Interpreters
- No Qualified Immunity for Texas Sheriff and CCRI Guards Who Abused Missouri Prisoners
- No Liberty Interest in Illinois Parole Laws
- BOP Erred in Denying Early Release Eligibility
- Denial of Pain Medication Violates Eighth Amendment
- Motive Question Precludes Summary Judgment in Medical Suit
- Tarrant County Jail's Christian Education Unit May Violate Texas and Federal Establishment Clauses
- Iowa Ban on Tapes with Parental Warning Upheld, by Paul Wright
- AA Probation Requirement Continues to Violate Establishment Clause
- Pro Se IFP Litigant Entitled to Amend Suit in Second Circuit
- California Guard Union Doles Out Millions to Politicians
- PLRA Consent Decree Termination Provision Upheld by 2nd and 3rd Circuits
- Costs Imposed Regardless of Ability to Pay
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- Heck Doesn't Apply After Release from Prison
- No Administrative Exhaustion Requirement for Ex-Prisoners
- PLRA Doesn't Require Notice of Claim for Exhaustion
- Contaminated Water Claim Not Barred by PLRA Physical Injury Rule
- BOP Warden Held in Contempt for Failure to Forward PLRA Filing Fee
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- News in Brief
- Alabama Jail Injuction Dissolved
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