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Automatic Stay Provision Unconstitutional

Loaded on Sept. 15, 1999 published in Prison Legal News September, 1999, page 18
Filed under: Overcrowding, PLRA, Consent Decrees (PLRA). Location: New Mexico.
A federal district court in New Mexico held that 18 U.S.C. § 3626(e), a PLRA provision that automatically stays prospective relief 30 days after a party files a motion for immediate termination of such relief, violates the separation of powers doctrine. The case involves a lawsuit filed in 1995 challenging …

 

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  1. Wreaking Medical Mayhem in Washington Prisons, by Tara Herivel
  2. A Foul Trend Emerges, by Tara Herivel
  3. Is Health Care Too Much to Ask For?, by Silja JA Talvi
  4. Ex-Prisoner Gets $850,000 for Broken Neck
  5. Arkansas Department of Corruption Revealed
  6. County Jail Political Shenanigans, Corruption Revealed
  7. From the Editor, by Dan Pens
  8. Crime and Punishment in America, by Elliot Currie (Review), by H Bruce Franklin
  9. The Way the Wind Blew: A History of the Weather Underground, by Ron Jacobs (Review), by Paul Wright
  10. Texas Prison Warehouses (Letter), by DG "Tex" Hoffman
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  12. Missouri Proposes $2.2 Million Settlement
  13. New Mexico Riot Rooted in Religious Rights
  14. Rikers Island Detainee Shot
  15. Tennessee Supreme Court Upholds Private Prison Disciplinary Procedures
  16. Prison Realty Board Member Settles Ethics Complaints
  17. West Virginia DOC Commissioner Resigns After Beating Wife
  18. Pro Se Pennsylvania Prisoner Awarded $100,000 in Guard Attack
  19. Texas Jail Whistleblower Awarded $3.3 Million
  20. Washington 35% Spousal Suit Update
  21. Arizona DOC Settles Kosher Diet Suit
  22. US Supreme Court Holds Media Ride-Alongs Unconstitutional
  23. Transsexual Awarded $755,000 in Jail Strip Search
  24. PLRA Physical Injury Requirement Constitutional, by James Quigley
  25. Tobacco Smoke Exposure Requires Trial
  26. DC Circuit Lifts Injunction on BOP Porn Ban
  27. De Novo Review for § 1915A Dismissals
  28. Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively
  29. Three Strikes Upheld by Ninth Circuit
  30. Administrative Exhaustion Required in all Cases
  31. State Court Dismissals Don't Count as Strikes
  32. Automatic Stay Provision Unconstitutional
  33. Total Administrative Exhaustion Not Required
  34. No Exhaustion Required in Wisconsin When Only Money Damages Are Sought
  35. No Written Screening or Administrative Exhaustion Required
  36. Physical Injury Requirement Doesn't Apply to Court Access Claims
  37. Fact Issue of Physical Injury Precludes Summary Judgment, by Ronald Young
  38. Wright Dismissed on Remand
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  40. No Court Access Right to Litigate Civil Forfeiture
  41. Prisoners Have First Amendment Right to Private Conversations with Their Attorneys
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  45. Stun Belts in Court Unconstitutional
  46. Federal Parolee Has Right to Hearing Under 18 USC § 4211(a)(2)
  47. Lack of Standing Eviscerates Court Access Class Action
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  49. PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo
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