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Punitive Damages Are Prospective Relief Under PLRA
Loaded on March 15, 2003
by David Reutter
published in Prison Legal News
March, 2003, page 25
by David M. Reutter
Filed under:
Attorney Fees (PLRA),
Injunctions (PLRA),
Excessive Force,
Guard Brutality/Beatings,
Damages,
Jury Instructions,
Qualified Immunity.
Location:
Georgia.
The Eleventh Circuit Court of Appeals has held that the PLRA makes punitive damages prospective relief that requires the district court to make a factual finding the award is narrowly drawn to correct the violation of the Federal right. This appeal was filed by defendant guards ...
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More from this issue:
- Georgia Parole Corruption Deepens, by Gary Hunter
- From the Editor, by Paul Wright
- Louisiana Prisoners May Access Savings Funds Exceeding $250
- Suits Against Individual State Employees Available Under ADA
- California Three-Year Lockdown of "Southern Hispanics" Held Unconstitutional, by Marvin Mentor
- Thaddeus-X Standard Retroactive Except for Qualified Immunity Defense, by Bob Williams
- Iowa Guards Fired for Beating Prisoner
- Gender and Incarceration: How Men and Women Experience Life Behind Bars, by Silja JA Talvi
- Criminal Guards and Escaping Prisoners in Texas
- Maryland Pays $700,000 to Settle Suit Over Murder Committed by Parolee in Colorado
- Texas Eliminates Habeas Corpus Following Probation Revocation
- Virginia Law Repeals Phone Rate Ruling
- $2.5 Million Verdict in California Medical Neglect Case, by Marvin Mentor
- Vehicle Forfeited for Smuggling Drugs into Arizona Prison
- Tribal Funds Exempt from Washington LFO Seizures
- Florida's Private Food Service Demonstrates that Profit Overrides Sanitary Practice, by Marvin Mentor
- Habeas Hints: Standard of Review, by Kent Russell
- Drug Addiction Disability Cannot Be Used to Deny Parole
- California Parole Official Demoted
- Disclosure of Transsexual, HIV+ Status States Eighth Amendment Claim
- Class Action Filed on Washington DOC Seizure of Tribal Funds
- Habeas Corpus Sole Remedy for BOP Sentence Reduction
- $90,169 Plus Injunction in California Retaliation Suit
- Hawaii Prison Doctor's Retaliation Judgment Upheld
- Prisoner Phone Recordings not Exempt from FOIA Disclosure
- Veteran's Benefits Deposited to Prisoner Trust Account Cannot Be Attached
- Denial of Reporter's Access to Jail Unconstitutional
- North Carolina DOC Supervisor Implicated in Scandal
- Medical Claim Accrues on Last Date of Treatment Denial
- Court Must Notice Pro Se Prisoner of Resonse Rights Before Granting Summary Judgment
- Punitive Damages Are Prospective Relief Under PLRA, by David Reutter
- New York County Liable for Jail Strip Searches
- Ohio Prison Officials Cannot Alter Jail-Time Credit Award
- Sandin Applied to Wisconsin Sexual Offender Civil Commitment
- Release of Medical Liability May Establish Deliberate Indifference
- New York Jail Strip Search Policy Unconstitutional
- Woman Gang Raped in Back of Jail Van
- Failure to Assert Hearing Officer Bias Administratively Waives Claim on Habeas
- News in Brief
- Home Detainee Has Fourth Amendment Rights
- New York Prisoner Awarded $411,000 in Failure to Protect Suit
- BJS Releases New Recidivism Study
More from David Reutter:
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025
- $22.5 Million Verdict Arrives Too Late for Wrongfully Convicted Illinois Prisoner, July 15, 2025
- First Circuit Revives Rhode Island Prisoner’s Excessive Force Claim Against Guard, July 15, 2025
- First Circuit Affirms Denial of Qualified Immunity to Maine Guards who Ogled Prisoner During Childbirth, July 15, 2025
- $250,000 Verdict for South Carolina Prisoner Pepper-Sprayed in Face Without Cause by Guard, July 15, 2025
- Eighth Circuit Affirms Judgment for HRDC in Arkansas Jail Censorship Suit, July 15, 2025
- $550,000 Settlement After Juvenile’s Suicide at Charlotte Jail, July 15, 2025
- Seventh Circuit Revives Former Illinois Prisoner’s Claim for Delayed Hepatitis-C Treatment, July 15, 2025
- Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement, July 15, 2025
More from these topics:
- Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification, Aug. 1, 2025. Jury Instructions, Ineffective Assistance of Counsel, Inconsistent.
- Beyond the City Limits: How Rural Sheriff’s Departments Are Driving the Spike in Police Killings, Aug. 1, 2025. Excessive Force, Shootings, Police--Excessive Force, Excessive Force (Police).
- Former New Jersey Jailers Plead Guilty to Beating Detainee for Tossing Urine, July 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Prisoners' Rights.
- First of 10 Guards Charged with Killing of New York Prisoner Pleads Guilty, July 15, 2025. Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury.
- 14th Alabama Sheriff’s Employee Pleads Guilty in Jail Detainee’s Death by Freezing, July 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Sixth Guard Sentenced in West Virginia Killing of Pretrial Detainee, July 15, 2025. Failure to Protect (General), Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Nearly $70,000 Awarded for Illinois Prisoner’s Excessive Force Claim, July 15, 2025. Retaliation for Filing Grievances, Food, Guard Brutality/Beatings.
- $42,000 Paid to Wisconsin Prisoner Allowed to Harm Himself While Under Observation, July 15, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Deliberate Indifference.
- First Circuit Affirms Denial of Qualified Immunity to Maine Guards who Ogled Prisoner During Childbirth, July 15, 2025. Staff-Prisoner Harassment, Qualified Immunity, Children of Prisoners.
- $250,000 Verdict for South Carolina Prisoner Pepper-Sprayed in Face Without Cause by Guard, July 15, 2025. Guard Brutality/Beatings, Pepper Spray/Tear Gas, Qualified Immunity.