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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:
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
More from these topics:
- Connecticut Court Denies Access to Video of Prisoner’s Fatal Beat-Down by Guards, May 1, 2025. Guard Misconduct, Videotaping, Guard Brutality/Beatings.
- Third Circuit Denies Qualified Immunity to Pennsylvania DOC in Prisoner’s Challenge to 26 Years of Solitary Confinement, May 1, 2025. Qualified Immunity, Control Units/SHU/Solitary Confinement.
- New York Prisoner Awarded Almost $280,000 in Retaliation Claim Against Guards, May 1, 2025. Retaliation for Filing Grievances, Guard Brutality/Beatings, Settlements.
- Pittsburgh Lockup Accounts for 43% of Pennsylvania Jail TASER Use, Suit Filed, May 1, 2025. Guard Brutality/Beatings, Stun Guns/Tasers, Prison Litigation Reform Act (PLRA).
- 20 Charged in Nevada Prison Brawl That Left Three Dead, May 1, 2025. Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Wisconsin Prisoner Inhaled His Own Teeth in Fatal Beatdown, May 1, 2025. Excessive Force, Pretrial Detention and Detainees, Assault Weapons.
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025. Prison Labor, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference, Fair Labor Standards Act (FLSA).
- Kentucky Jail Sued for Detainee’s Death, Prisoner’s Stillborn Child, May 1, 2025. Guard Brutality/Beatings, Medical Neglect/Malpractice, Children of Prisoners, Deliberate Indifference.
- Three More Prisoners Die, Three More Staffers Fired at Wisconsin Prison, April 1, 2025. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death).
- “Swing or Kick Rocks”: BOP Guard Alleges Conspiracy to Brutalize Prisoners at Kentucky Lockup, April 1, 2025. Guard Misconduct, Staffing, Guard Brutality/Beatings.