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Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act
Loaded on July 15, 2009
by Margo Schlanger
published in Prison Legal News
July, 2009, page 1
by Margo Schlanger and Giovanna Shay**
Filed under:
Staff-Prisoner Assault,
Prisoner-Prisoner Assault,
Statistics/Trends,
Failure to Protect (General),
Administrative Exhaustion (PLRA),
Physical Injury Rule,
Damages,
RLUIPA,
Prison Rape Elimination Act,
Mail Regulations,
Religious Freedom,
Religious Diet,
Federal Legislation.
Location:
United States of America.
Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to constitutional regulation of governmental treatment of even those who have broken society’s rules. And accordingly, many of our prisons and jails are …
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More from this issue:
- Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act, by Margo Schlanger
- From the Editor, by Paul Wright
- Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional, by Mark Wilson
- Texas Posthumously Exonerates Man Who Died in Prison, by Matthew Clarke
- $226,000 Workers’ Comp Settlement for Pennsylvania Guard Scarred by MRSA
- ADA Routinely Violated by Prisons in the case of Deaf Prisoners, by McCay Vernon, Ph.D.
- The Illusion of Immigrant Criminality: Getting the Numbers Wrong, by David L. Wilson
- Florida Guard Convicted of Assaulting Prisoner
- Supreme Court Holds Supervisory Officials Not Liable for Abuse of 9-11 Detainees, by Matthew Clarke
- $30,000 Settlement in Milwaukee Jail Death
- Former Oregon DOC Food Manager Abandons Wife to Federal Prosecution; Herding Sheep in Iran While on the Lam, by Mark Wilson
- UNICOR Robs Jobs from Private Sector; Prisoners Sue Over Working Conditions, by Brandon Sample
- Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims, by Marvin Mentor
- University of Arizona Releases Report on Women Immigration Prisoners, by Matthew Clarke
- $500,000 Awarded to New York Prisoner Raped by Jail Guard; Vacated on Post-Trial Motion
- Habeas Hints: Traverse Motion Responses, by Kent A. Russell
- Sentencing Project Releases Report on Sentencing Policy and Practice, by Matthew Clarke
- Oregon Jail Guards Lose Access to Porn Sites, by Mark Wilson
- New Mexico Abolishes Death Penalty; Similar Efforts Fail in Other States, by David Reutter
- Arkansas Sends Toxic Tech Trash to UNICOR Recycling Program, by Matthew Clarke
- FBI Arrests Former Prisoner Indicted for Hacking Massachusetts Jail Computer
- $4.6 Million Settlements in Death of Quadriplegic D.C. Prisoner, by David Reutter
- Strip-Searched Iowa Bush Protesters Awarded Damages at Trial, Re-Trial, by Matthew Clarke
- Positive Correlation between Mental Illness and Prison Victimization, by Jimmy Franks
- Santa Cruz County, Arizona Pays $3 Million in Strip Search Suit, by Jimmy Franks
- $10,000 Verdict in Sexual Assault by Virginia Guard
- Report Says Unfinished Prison Project Is Single Greatest Iraq Reconstruction Failure, by Matthew Clarke
- Bureau of Justice Publishes Report on Sexual Misconduct at Juvenile Facilities
- Ohio Limits Electronic Monitoring to Only Those Who Can Pay
- Miami’s Sex Offender Bridge Encampment Continues to Grow, by David Reutter
- BOP Failed to Protect Female Prisoner Informant from Rape, Sexual Abuse by Guards, by Brandon Sample
- $3,200 Awarded to Indiana Jail Prisoner for Negligent Medical Care
- New York Prisoner Awarded $5,000 for Assault by Cellmate
- Postal Service Panics Over Sex Offender Participant in Christmas Program, by Matthew Clarke
- PLN Files Suit Against Los Angeles County for Failure to Comply with Public Records Act
- Survivor Manual, compiled and edited by Bonnie Kerness, illustrated by Todd Tarselli and other talented artists, 90 pgs., by Sundiata Acoli
- Causal Link Established by Prison Officials’ Failure to Protect Prisoner from Specific Threats
- $3.3 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement
- California Jury Awards Deaf Prisoner $5,000 for Failure to Provide Interpreter; $193,582 in Fees Awarded by Court
- Former California DOC Worker Kept Confidential Prison Gang Files at Home
- Louisiana Private Prison Warden Arrested for Malfeasance
- Massachusetts Prisoner Awarded $550,307 in Attorney Fees and Costs in Unsanitary Conditions Case
- California: Waiver of Private Psychotherapist-Patient Privilege an Unreasonable Condition of Parole
- Oregon Teenage Girls Stage Brazen Escape Attempt
- $75,000 Settlement for Shutting Off Water in Seattle Jail Prisoner’s Cell
- $445,000 Settlement in Ohio Jail Prisoner’s Medical Death
- Pennsylvania County Sex Offender Residency Ordinance Voided
- State, Not County, Required to Pay Attorney Fees in Georgia Death Penalty Cases
- $9,000 Award for Hawaiian Prisoners Bitten By Dogs at Oklahoma CCA Prison
- Florida and Oregon Prison Employees Face Sex Charges
- Fifth Circuit Rules Texas Parole Law Not Ex Post Facto
- No Qualified Immunity for Pepper Spraying Alabama Prisoner; Case Settles After Remand, by David Reutter
- News in Brief:
- $1,800,000 Settlement in Michigan Jail Prisoner Suicide Case
More from Margo Schlanger:
- Narrowing the Remedial Gap: Damages for Disability Discrimination in Outsourced Federal Programs, May 1, 2021
- Trends in Prisoner Litigation, as the PLRA Enters Adulthood, Sept. 28, 2015
- Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act, July 15, 2009
- Operationalizing Deterrence: Claims Management (In Hospitals, a Large Retailer, and Jails and Prisons), April 15, 2009
- BEYOND THE HERO JUDGE: INSTITUTIONAL REFORM LITIGATION AS LITIGATION, April 15, 2009
- National Prison Reform Commission Begins Work, April 15, 2009
- Jail Strip-Search Cases: Patterns and Participants, April 15, 2009
- The Political Economy of Prison and Jail Litigation, June 15, 2007
- National Prison Reform Commission Started, Aug. 15, 2005
More from these topics:
- Help Wanted: 31,000 Prison Guard Jobs Open Nationwide, Sept. 1, 2025. Conditions of Confinement, Failure to Protect (General), Staffing, Exercise, Lockdowns, Control Units/SHU/Solitary Confinement, Guards/Staff, Staff Training.
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025. Sexual Assault, Failure to Protect (General), Eighth Amendment, Staffing, Stun Guns/Tasers.
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Release and Reentry, Bureau of Prisons (BOP), Compassionate Release.
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025. Staff-Prisoner Assault, Jail Misconduct, Americans with Disabilities Act.
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
- SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim, Aug. 1, 2025. Administrative Exhaustion (PLRA).
- California Prisoners Sue Gynecologist for Sexual Abuse, Aug. 1, 2025. Staff-Prisoner Assault, Class Certification.
- Alabama DOC Attorneys Reprimanded for Filing AI-Written Briefs in Prisoner’s Suit, Aug. 1, 2025. Failure to Protect (General), Attorney Misconduct.
- DOJ Inspects BOP Food Service Operations, Finds Troubling Issues at Multiple Facilities, Aug. 1, 2025. Failure to Protect (General), Food, Staffing.

