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PLRA Fee Cap Upheld, Applied to Parole Case; Allows Fees-on-Fee Award
Loaded on Nov. 15, 2004
by David Reutter
published in Prison Legal News
November, 2004, page 32
The Eleventh Circuit Court held the attorney fee cap of the Prison Litigation Reform Act (PLRA) applies to parole cases and is constitutional and allows a fees-on-fees award. Georgia prisoner Coleman Jackson filed a joint motion for habeas corpus and complaint under 42 U.S.C. § 1983. Jackson alleged the Georgia …
Filed under:
Attorney Fees (PLRA),
Injunctions (PLRA),
Sentencing,
Ex Post Facto,
Parole.
Location:
Georgia.
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More from this issue:
- A Death in Custody: Massachusetts DOC Wracked by Scandal, by Peter Costanza
- From the Editor, by Paul Wright
- $15 Million Class Settlement In Sacramento Jail Strip-Search Suits
- Habeas Hints, by Kent Russell
- Study Shows Boot Camps Are a Failure
- Wrongfully Convicted Pennsylvania Prisoner Settles for $2.3 Million; Forensics Expert Fired
- Texas Court of Criminal Appeals Clarifies Law Crediting "Street Time"
- Connecticut Settles Wrongful Death Lawsuit for $2.9 Million, by Michael Rigby
- Ohio Prisoners Not Entitled to Memory Typewriters
- New York Prisoners Win Injury Awards, Lack of Expert Testimony Detrimental, by Michael Rigby
- Prison Town Legislators Represent Prisoners' Interests? Not Quite, by Peter Wagner
- Texas Prisoner's Retaliation Claim Survives Summary Judgment
- $600,000 Settlement in California Prisoner Shooting Death, by Marvin Mentor
- Nevada Trust Account Interest, Less Accounting Costs, Belongs To Prisoners
- Prisons, Profits and Prophets, by Bill Berkowitz
- Michigan Prison Art Project, by Buzz Alexander
- California Prisoner Trust Account Interest Recoverable Only Upon Proof Of Individual Loss
- Indiana Jail Held in Contempt, Sanctions Imposed
- Last Chance For Washington Prisoners To Request Postconviction DNA Testing is December 31, 2004
- Washington Police Kill Unarmed Escapee in Botched Raid; Prisoner Also Killed, by Michael Rigby
- Cowboy Justice: BOP Guards Convicted, by Alan Pendergast
- PLRA Fee Cap Upheld, Applied to Parole Case; Allows Fees-on-Fee Award, by David Reutter
- Fifth Circuit Affirms Termination of Guajardo (Texas Prison Mail) Suit
- Challenge To Washington Felon Disenfranchisement Scheme Remanded For Racial Bias Test, by John E Dannenberg
- Class Action Challenges Treatment of Florida's "Sexual Predator" Civil Detainees, by David Reutter
- No Restraint, No Consequences: Privatizing Overseas Intelligence Extraction
- Gates of Injustice - The Crisis in America's Prisons, by Tom Murlowski
- Wisconsin PLRA Fee-Limit Does Not Violate Equal Protection
- Ohio County Juvenile Facility Not Immune from Suit in Rape Claim
- Alaska Prisoners Cannot Challenge Conditions of Confinement Under State Post-Conviction Relief Statute, by Roger Smith
- News in Brief
- Texas Prison Guard's Sentence for Rape Reinstated
More from David Reutter:
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- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
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- Colorado Lawmakers Approve Prison Bed Funding, Despite DOC Understaffing, March 1, 2026. Overcrowding, Staffing, Parole, Overdetention, Reduction of Prison Population.
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- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.