×
You've used up your 3 free articles for this month. Subscribe today.
PLRA Limits Prisoner's Attorney Fees Incurred Defending
Loaded on Nov. 15, 2005
published in Prison Legal News
November, 2005, page 38
PLRA Limits Prisoner's Attorney Fees Incurred Defending Appeal of Successful § 1983 Suit
Filed under:
Appointment of Counsel,
PLRA,
Attorney Fees (PLRA),
Damages,
Appeals,
Limitations.
Location:
Michigan.
by John E. Dannenberg
The Sixth Circuit U.S. Court of Appeals held that after a prisoner wins a 42 U.S.C. § 1983 lawsuit for damages, the Prison Litigation Reform Act's (PLRA) 150%-of-damages fee cap applies not only …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Prison Design Boycott a Challenge to the Professional Business of Incarceration, by Raphael Sperry
- North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in
- Parole for Women in California: Promise or Pathos, by Corey Weinstein
- From the Editor
- California Prison Gang Linked to Guards and Mexican Drug Cartel
- CIA Private Jet Takes Prisoners on Torture Trips
- Connecticut: Rash of Prisoner Suicides Prompt Questions, Concerns
- Rising Deaths and Violence Among Problems In Illinois Prisons, Jails
- Jail Policy Barring Abortion Without Court Order Upheld
- Oklahoma Prisons Suffer Crisis of Violence and Mismanagement
- Overturned Conviction Nets Baltimore Man $1.4 Million
- Federal Prison Problematic For Texas Officials, by Michael Rigby
- Tulia Undercover Deputy Tom Coleman Convicted of Perjury, by Hans Sherrer
- Procedural Default In Exhausting State Administrative Remedies Held Not A Bar To Bringing § 1983 Act
- Los Angeles County Pays $125,000 In Medical Negligence Juvenile Camp Death
- Escaped Murderer Found Eleven Years Later
- Pro Se Tips and Tactics: Three-Strikes and No More, by Daniel E. Manville
- Supreme Court Holds Penalty Phase
- Fired, Tattooed, Nude-Posing Guard Settles with Maryland DOC for $10,000
- PLN Loses Florida Writer Pay Ban/Censorship, by David Reutter
- Higher Property Tax Collections Permit 25% Growth Of Los Angeles County Jail Capacity
- Mississippi Juvenile Legal Access Class Action Settled
- Maryland Prisons MisCalculate Half of All Prisoner Release Dates
- $97,000 in Damages and Fees Awarded in Arkansas Over Detention Suit
- New York City Settles Wrongful Imprisonment Suit For $1 Million
- New York Prisoner Awarded $195,000 for Hand, Knee Injury
- New York Employees Families Settle Attica Riot Claims for $12 Million
- Virginia Federal Court: Over 47 Hours in
- BJS Report Reveals Rising Imprisonment Rates, Trends In 2003
- Accounting Errors Plagued California Criminal Justice Agency
- SABER's Sexual History Disclosure Requirement Violates Fifth Amendment
- Jail Prisoner Strangles Psychiatrist; Jury Awards $2.6 Million
- PLRA Limits Prisoner's Attorney Fees Incurred Defending
- Mass Parole Re-Hearings in Tennessee Following AG Opinion, by Alex Friedmann
- Seventh Circuit Reverses Dismissal of BOP Medical Neglect Case;
- News in Brief:
- U.S. Corrections Corporation Stock Suit
- 133 Prisoners Killed in Dominican Republic Prison Fire
More from these topics:
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
- Delaware Supreme Court Announces Trial Courts Must First Resolve Defense Counsel’s Motion to Withdraw Before Addressing Defendant’s Plea-Withdrawal Request, Holding Failure to Do So Violates Sixth Amendment Right to Counsel, Jan. 1, 2026. Appointment of Counsel, Sixth Amendment, Counsel - Constructive denial of, Self-representation, Withdrawal.
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, Dec. 15, 2025. Attorney Misconduct, Legal Materials, Law Library Access/Adequacy, Limitations, AEDPA.
- $6.49 Million Settlement for 600,000 Prisoners in Massive CorrectCare Data Breach Class Action, Dec. 1, 2025. Private Contractors, Medical Records, Damages, Settlements, Privacy Act/Rights.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.
- Eighth Circuit Announces § 2255 One-Year Limitations Period Begins to Run in Deferred-Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount, Nov. 15, 2025. Limitations, Habeas Corpus, Restitution, AEDPA.
- North Carolina Prison Officials Run Out the Clock On Trans Prisoner’s Vulvoplasty, Nov. 1, 2025. Failure to Treat, Attorney Fees (PLRA), Transgender Medical Procedures, Cruel and Unusual Punishment, Deliberate Indifference.
- $4 Million Verdict Returned in Colorado Jail Suicide Case, Nov. 1, 2025. Damages, Failure to Train/Supervise, Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Appeals Court Rules Michigan’s Tolling Provision Is Not Inconsistent with the PLRA, Nov. 1, 2025. Administrative Exhaustion (PLRA), Limitations, 42 U.S. Code § 1983, civil action for deprivation of rights, Tolling of Statutes of Limitations and Laches.
- Ninth Circuit Reaffirms Longstanding Precedent That District Court Cannot Sua Sponte Dismiss Untimely Habeas Corpus Petition Without Giving Petitioner Prior Notice and Opportunity to Respond, Oct. 15, 2025. Limitations, Habeas Corpus, Summary Disposition, Tolling of Statutes of Limitations and Laches, Denial of Due Process.