×
You've used up your 3 free articles for this month. Subscribe today.
Successful Appellate Ruling Invalidating Statute Creates Prevailing Party for Attorney Fee Award
Loaded on Oct. 15, 2010
by David Reutter
published in Prison Legal News
October, 2010, page 46
by David M. Reutter
Filed under:
Disciplinary Hearings,
Disciplinary Litigation,
Attorney Fee Awards.
Location:
Washington.
The Washington State Supreme Court has held that a litigant who successfully gets an appellate court to vacate a prison disciplinary infraction and declare a statute unconstitutional is a prevailing party under 42 U.S.C. § 1988, entitling him to attorney fees. The Court further held that ...
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:
- Crime Labs in Crisis: Shoddy Forensics Used to Secure Convictions, by Matthew Clarke
- Prisoners of the Census in New York: Democracy on the March!, by Eric Lotke
- From the Editor, by Paul Wright
- New York Prisons Avoid Budget Axe, by David Reutter
- Are Doctors Complicit in Prison Torture? The Maine Medical Community Looks at Solitary Confinement, by Lance Tapley
- State Auditor Issues Report on Washington Department of Corrections
- $13 Million Settlement in DC Mass Arrest of Protestors, by David Reutter
- Settlement Allows North Carolina Prisoners to Receive Compensation for Writings, by David Reutter
- Expanded Eligibility for New York Medical Parole Has Little Effect, by Matthew Clarke
- Ex-Cons Face Tougher Job Market in Great Recession, by David Reutter
- Governing Through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear, by Jonathan Simon (Oxford University Press 2007), 344 pages, by Ian Head
- New York Prison Chaplain Accused of Smuggling Weapons
- Prisoners’ Self-Help Litigation Manual, 4th Edition, by John Boston and Daniel Manville, Oxford University Press, 960 Pages, $39.95, by Paul Wright
- Former President of Florida Sheriff’s Association Enters Plea in Kickback Scheme, by David Reutter
- $3.125 Million in Settlements in Oregon Prisoner’s Beating Death
- Tennessee Judge Facing Misconduct Charges Tries to Depose Disciplinary Counsel, by Matthew Clarke
- Pennsylvania Prisoner Awarded $185,000 in Civil Rights Claim; Harassment Continues, by David Reutter
- Ninth Circuit Says Qualified Immunity Warranted for Comb-Binding Denial, by Mark Wilson
- Washington Prisoners Need Not Show Prima Facie Case Upon Challenging Prison Discipline, by David Reutter
- Virginia Issues Report on Monitoring of Sex Offenders Subject to Registration
- Georgia Ends Contact Visits for Death Row Prisoners, by David Reutter
- Texas Controversy: Governor Guts Forensic Science Commission, by Matthew Clarke
- For Lease: Never-Used 525-Bed Oregon Jail, $45 Million or Best Offer, by Mark Wilson
- Seventh Circuit Upholds Ban on Dungeons & Dragons, by Brandon Sample
- New York Prison Superintendents Live in Lap of Luxury on Taxpayer Subsidy
- Third Circuit Reverses $642,398.57 Attorney Fee Award for RFRA Claim by Immigration Prisoner
- U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff, by Brandon Sample
- Fraudsters Sentenced in Cornell Prison Construction Scheme, by Brandon Sample
- Successful Appellate Ruling Invalidating Statute Creates Prevailing Party for Attorney Fee Award, by David Reutter
- Exhaustion Excused Where Warden Misled Prisoner During Grievance Process, by Brandon Sample
- Ninth Circuit: Los Angeles County Not Liable for Occasional Over-Detentions, by Michael Brodheim
- Female Assistant Attorney General Pleads Guilty in Wife-Beating Case, by Mark Wilson
- Sexual Abuse of Youths at Tennessee Juvenile Facility Widespread, by David Reutter
- Fake Rape Claim Puts Woman in Prison, by Brandon Sample
- News in Brief:
- Limitations Period in Suit Over Delay in Providing Surgery Begins When Prisoner is Recommended for Surgery, by Brandon Sample
More from David Reutter:
- 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
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025. Disciplinary Hearings, Control Units/SHU/Solitary Confinement, Cruel and Unusual Punishment.
- Maine State Prison Warden Replaced As Misconduct Allegations Investigated, Oct. 15, 2024. Guard Misconduct, Disciplinary Hearings.
- $60,000 Settlement for Kansas Prisoner’s Excessive Force Claim, $578,000 for His Attorneys, Sept. 15, 2024. Attorney Fee Awards, Guard Brutality/Beatings, Settlements.
- Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health, July 1, 2024. Wexford Health Services, Failure to Treat, Attorney Fee Awards, Attorney Fees (PLRA), Damages - Punitive.
- Over $71,000 Awarded to Michigan Prisoner for Sexual Abuse by Guard, June 1, 2024. Staff-Prisoner Assault, Attorney Fee Awards, Damages.
- Class-Action Lawsuit Challenges Use of Presumptive Drug Tests by Washington DOC, April 1, 2024. Disciplinary Hearings, Disciplinary Litigation, False Charges (Disciplinary Hearings), Evidence, Drug Testing, Estimates/Averages - Use of, Inmate Disciplinary Hearings, Prison Disciplinary Proceedings.
- Colorado Prisoners Disciplined for Not Working Despite Ban on Prison Slavery, April 1, 2024. Prison Labor, Disciplinary Hearings.
- HRDC Awarded Over $130,000 in Legal Costs and Fees for Defendant’s “Bad Faith” in Maine Records Lawsuit, April 1, 2024. Attorney Fee Awards, Public Records Act, HRDC Litigation.
- Seventh Circuit Revives Prisoner’s Challenge to Seized $10,000, March 1, 2024. Disciplinary Hearings, Hearing Officers, Seizure of Prisoner Funds.
- South Carolina Sheriff Ordered to Pay $37,500 in Fees and Costs in Jail FOIA Case, March 1, 2024. Attorney Fee Awards, Public Records Act, Freedom of Information Act (FOIA).