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Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes
Loaded on Dec. 15, 2004
published in Prison Legal News
December, 2004, page 20
Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes Judge Barkett has dissented from the denial of en banc review of an Eleventh Circuit Court of Appeals decision that held the Prison Litigation Reform Act (PLRA) applies to lawsuits that claim injuries suffered during custodial episodes, even ...
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More from this issue:
- Business as Usual, by Todd Matthews
- Death Exposes Inadequate Mental Health Care in Oregon Prisons, by Mark Wilson
- PAMII Requires Records Release in Connecticut Prisoners' Deaths
- CMS Must Pay $1.75 Million in Illinois Jail Suicide, by John E Dannenberg
- Exculpatory Evidence Must Be Disclosed at Prison Disciplinary Hearing, by David Reutter
- From the Editor, by Paul Wright
- Wisconsin County Settles Negligent Death Claim for $1.2 Million
- Pro Se Tips and Tactics: The Pro Se Complaint, by Daniel E. Manville
- California Prisons' Joint-Venture Program Under Statewide Court Injunction, by John E Dannenberg
- New York Prisoner Informant Awarded $7.65 Million In Failure-To-Protect Suit, by Michael Rigby
- California Parole Board Must Vacate Parole Denial And Give Lifer New Hearing, by John E Dannenberg
- Private Capitol Punishment: The Florida Model, by David Reutter
- New York City: Thousands Unnecessarily Imprisoned at Enormous cost
- Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes
- Washington Supreme Court Rejects Federal Mail-Box Rule
- Washington Prison Labor Program Struck Down, by Paul Wright
- Guards Fornicate, Sell Drugs in Pennsylvania Jails
- Vermont Auditor's Report Blasts CCA and CMS, by David Reutter
- Abuse, Torture and Rape Reported at Unlisted U.S.-Run Prisons in Iraq, by Lisa Ashkenaz Croke
- Iowa Sex Offender Residence Restrictions Unconstitutional
- Untimely Grievances Satisfy PLRA; $70,000 Beating Verdict Upheld
- California Lifer Parole Rescission Upheld On One Of Five Grounds Alleged; Federal Ex Post Facto Appeal Is Moot, by John E Dannenberg
- Illinois Appeals Court Reinstates Prisoner's Telephone Disconnect Suit
- Nevada Prisoner Killed in Rec Yard Riot
- Wisconsin District Court Reversed; PLRA Fee Limits Constitutional, Says Seventh Circuit
- "Therapeutic Seclusion" of Civilly Committed Sex Offenders Contrary to Professional Judgment, by David Reutter
- New Jersey Vegetarian Meals Satisfy Halal Dietary Obligations, by John E Dannenberg
- BOP Fires Prison Guard Accused of Rape, Attempted Murder
- Qualified Immunity Granted for Warrantless Parole Search
- Hermaphroditic Wyoming Prisoner Awarded $1,000 for 14 Months in Solitary
- New York Prison Officials Denied Qualified Immunity in Revoking Prisoner's Temporary Release
- Florida's $4 Administrative Processing Fee for Prisoner Banking Fees Challenged, by David Reutter
- Punitive Transfer After Winning Administrative Appeal Is Actionable, by John E Dannenberg
- International Red Cross Suspects U.S. Hiding Foreign Detainees
- Arrestee Cannot Be Charged With Bringing Drugs Into Jail
- News in Brief
- Seventh Circuit Invalidates Wisconsin News Clippings Ban
- Prisoner Lawsuits Not Subject to Heightened Pleading Standard in Seventh Circuit
- Jury's $108,000 Verdict in New York Prisoner's Medical Claim Vacated
- Oklahoma Family Buries Wrong Man
More from these topics:
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus, July 15, 2023. Failure to Treat, PLRA.
- After Eleventh Circuit Says ICE Detainee Is Not “Prisoner” Subject to PLRA, He Goes Missing from Georgia, March 1, 2023. PLRA, Detainers.
- Eighth Circuit Says Judge Dismissing Claim of Federal Prisoner in Arkansas Was Premature in Counting It a PLRA ‘Strike’, Nov. 30, 2022. PLRA, Dismissal.
- Eleventh Circuit Says No PLRA ‘Strike’ for Dismissal of Case Removed From State to Federal Court, Nov. 30, 2022. PLRA, Dismissal.
- Seventh Circuit Says No Evidence Illinois Prisoner Lied About Endangerment to Circumvent PLRA’s Three-Strikes Rule, Aug. 8, 2022. Administrative Exhaustion (PLRA), Physical Injury Rule.
- Third Circuit Says Mixed Dismissal of Civil Rights Action Not a Strike Under PLRA, April 1, 2022. PLRA, Dismissal.
- Civilly Detained Sex Offender Plaintiff Proceeding In Forma Pauperis Not a Prisoner Under PLRA, Dec. 1, 2021. PLRA, Sex Offender Classification.
- Seventh Circuit: PLRA Mandates Dismissal for Deceit on IFP Application, Sept. 1, 2021. PLRA, Indigent Defense, False Statements/Perjury.