×
You've used up your 3 free articles for this month. Subscribe today.
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 ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
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
- PLRA Attorney Fee Cap Applies in $65,000 Beating Case
- 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
- Seventh Circuit Clarifies Good Faith Appeal Standard, Again
- News in Brief
- Alabama Jail Injuction Dissolved
More from these topics:
- From the Editor, Aug. 1, 2025. Totality of Conditions, Publications/Books, Censorship.
- Watchdog Calls Out D.C. for Dragging Feet on Construction of New Jail, Aug. 1, 2025. Totality of Conditions, Overcrowding, Ventilation, Exercise, Exposure to Cold, Jail Specific, Lighting, Noise, Vermin, Exposure to Heat, Security Systems.
- Class-Action Suit at BOP “Rape Club” in California Settled for Record $116 Million, July 15, 2025. Staff-Prisoner Assault, DOC/BOP misconduct, Settlements, Injunctions, Class Actions.
- California Prison Plagued by Toxic Water and Chronic Illness, July 15, 2025. Conditions of Confinement, Toxic Fumes/Chemicals, Environmental Law, Plumbing, Sewage, Water.
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025. Retaliation, Settlements, Defamation, Employment Deprivation.
- Bold New Orleans Escape Calls Attention to Poor Jail Conditions, July 15, 2025. Escapes, Conditions of Confinement, Toilets, Security Systems.
- Colorado Passes New Law to Expand Prisoner Visitation Rights, July 15, 2025. Conditions of Confinement, Extended Family Visiting, Video Visitation.
- Ongoing Detainee Deaths Push Rikers Island into Federal Court Receivership, July 15, 2025. Totality of Conditions, Failure to Protect (General), Fire Hazards, Overcrowding, Eighth Amendment, Staffing, Environmental Law, Plumbing, Sewage, Jail Specific.
- Alabama’s Oldest Prisoner Dies in Hospital, July 15, 2025. Geriatric Classification, Totality of Conditions, Age, Compassionate Release.
- Punishment TV, July 1, 2025. Totality of Conditions, Food, Eighth Amendment, Staffing, Prison Tourism/Consumerism.