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PLRA's Attorney Fee Cap Held Unconstitutional
by John E. Dannenberg
A federal district court in Wisconsin held that the Prison Litigation Reform Act (PLRA) cap on recovery of attorney fees in successful prisoner civil rights complaints violated Fifth Amendment equal protection principles and determined that $80,000 in attorney fees was proportionately related to the $40,000 total ...
A federal district court in Wisconsin held that the Prison Litigation Reform Act (PLRA) cap on recovery of attorney fees in successful prisoner civil rights complaints violated Fifth Amendment equal protection principles and determined that $80,000 in attorney fees was proportionately related to the $40,000 total ...
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More from this issue:
- The Strangest of Bedfellows, by Noel Brinkerhoff
- From the Editor, by Paul Wright
- Class Action Medical Neglect Suit Filed Against CDC
- Wyoming Prison Officials Settle Poisoning and Medical Suits for over $200,000
- Pelican Bay Guard's Conviction Upheld, by Willie Wisely
- Virginia DOC Cuts Ties with CMS, by Robert Durkee
- Nineteen Killed in Brazilian Prison Rebellion
- PLRA's Attorney Fee Cap Held Unconstitutional, by John E Dannenberg
- New Jersey Prisoners' Disciplinary Convictions Reversed on Due Process Violations
- CCA Medical Cost-Saving Contract Unconstitutional
- Kentucky Judge Orders Hepatitis C Treatment
- $235,000 Awarded to CCA Prisoner in Medical Suit
- PLRA Limits Guard's Liability for Prisoner's Attorney Fees, by John E Dannenberg
- BOP Imposter Scheme Discovered
- Book Review: Capital Crimes, by Allen N Huxley
- Washington Prisoners' Out-of-State Transfer Upheld
- Defendants' Attorney Fee Award Must Be Supported by Record
- PLRA Physical Injury Rule Applies to ADA Claims
- Lack of "Volitional Control" Required for Civil Commitment of Kansas Sex Offenders; S.Ct. Grants Review
- Massachusetts Disenfranchises its Prisoners
- New Jersey Detainees Entitled to Medical Care
- Arkansas Guards Indicted for Shocking Prisoners
- Texas Prisoner Takes Hostages
- Court to Determine if Louisiana Must Treat Male and Female Prisoners Equally
- Detainee Entitled to Dental Care
- New York Prisoner Wins $7,200 in Negligence Suit
- $9.5 Million Awarded in Prisoner Van Fire Death
- New York City Settles Black Panther Frame Up Suit for $890,000, by Roger Smith
- Trial Required in Arizona Uprising Suit
- $1.4 Million Awarded to Raped Alaska Women Prisoners
- Kansas Conditional Release Is Mandatory
- Florida Religious Name Change Upheld
- Non-Physical Damage Claims Barred Until Released
- Retaliatory Infraction Creates Heck Exception
- New York AG Turns on Client
- Retaliation Claim Merits Factual Resolution
- Private Jail Settlement Not a Consent Decree under PLRA, by John E Dannenberg
- Constant Illumination States Eighth Amendment Claim
- Georgia Parole Law May Violate Ex Post Facto
- Oklahoma Good Time Rule Violates Ex Post Facto
- BOP Medical Personnel Absolutely Immune from Suit
- Book Review: The Perpetual Prisoner Machine: How America Profits From Crime, by Rick Card
- Trial Required in Oregon Law Clerk Retaliation Suit
- Preliminary Injunction Granted in TB Hold Case
- $250,000 Award to Beaten Texas Prisoner Upheld
- Summary Judgment for Private Physician Reversed
- News in Brief
More from John E Dannenberg:
- California’s “Realignment” Law Sends 38,000 State Prisoners to County Control, Aug. 11, 2016
- Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur, Jan. 15, 2010
- Nebraska Muslim Prisoner Wins Religious Concessions, April 15, 2009
- Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each, May 15, 2007
- California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations, May 15, 2007
- Arizona Internet Ban Permanently Enjoined, May 15, 2007
- California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity, May 15, 2007
- California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns, May 15, 2007
- PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge, Sept. 15, 2006
- Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights, Sept. 15, 2006
More from these topics:
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024. Medical, Wrongful Death, Mental Health.
- Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health, July 1, 2024. Wexford Health Services, Failure to Treat, Attorney Fee Awards, Attorney Fees (PLRA), Damages - Punitive.
- Texas Bankruptcy Court Rejects Proposed Settlement of Prisoner Claims Against Corizon Health, June 1, 2024. Corizon, Malpractice, Damages, Bankruptcy.
- Over $71,000 Awarded to Michigan Prisoner for Sexual Abuse by Guard, June 1, 2024. Staff-Prisoner Assault, Attorney Fee Awards, Damages.
- $500,000 Jury Award Cut to $250,000 for Pennsylvania Prisoner Brutally Beaten by Guards, June 1, 2024. Guard Brutality/Beatings, Damages, Opinions and Expert Testimony.
- $700,000 Jury Verdict for Wisconsin Prisoner Denied Due Process in Disciplinary Hearing, June 1, 2024. Work Release, Hearing Officers, False Charges (Disciplinary Hearings), Escapes, Damages.
- Washington Superior Court Says Jail Cannot Bill Poor Detainees for Medical Care, May 1, 2024. Medical, Seizure of Prisoner Funds, Booking Fees.
- Potential Dangers of Medical Monitors, April 15, 2024. Medical, Police State-Surveillance, Electronic Surveillance.
- Eighth Circuit Affirms $800,000 Award After Arkansas Jail Detainee’s Fatal Appendix Rupture, March 1, 2024. Private Contractors, Failure to Treat, Jail Specific, Damages, Deliberate Indifference.
- Wellpath Held in Contempt in Suit at California Jail, March 1, 2024. California Forensic Medical Group, Medical, Systemic Medical Neglect, Dental Care, Contempt (Civil Procedure), Mental Health.