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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
Filed under: Disciplinary Hearings, Disciplinary Litigation, Attorney Fee Awards. Location: Washington.
by David M. Reutter

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 …

 

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  1. Crime Labs in Crisis: Shoddy Forensics Used to Secure Convictions, by Matthew Clarke
  2. Prisoners of the Census in New York: Democracy on the March!, by Eric Lotke
  3. From the Editor, by Paul Wright
  4. New York Prisons Avoid Budget Axe, by David Reutter
  5. Are Doctors Complicit in Prison Torture? The Maine Medical Community Looks at Solitary Confinement, by Lance Tapley
  6. State Auditor Issues Report on Washington Department of Corrections
  7. $13 Million Settlement in DC Mass Arrest of Protestors, by David Reutter
  8. Settlement Allows North Carolina Prisoners to Receive Compensation for Writings, by David Reutter
  9. Expanded Eligibility for New York Medical Parole Has Little Effect, by Matthew Clarke
  10. Ex-Cons Face Tougher Job Market in Great Recession, by David Reutter
  11. 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
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  13. Prisoners’ Self-Help Litigation Manual, 4th Edition, by John Boston and Daniel Manville, Oxford University Press, 960 Pages, $39.95, by Paul Wright
  14. Former President of Florida Sheriff’s Association Enters Plea in Kickback Scheme, by David Reutter
  15. $3.125 Million in Settlements in Oregon Prisoner’s Beating Death
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  20. Virginia Issues Report on Monitoring of Sex Offenders Subject to Registration
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  22. Texas Controversy: Governor Guts Forensic Science Commission, by Matthew Clarke
  23. For Lease: Never-Used 525-Bed Oregon Jail, $45 Million or Best Offer, by Mark Wilson
  24. Seventh Circuit Upholds Ban on Dungeons & Dragons, by Brandon Sample
  25. New York Prison Superintendents Live in Lap of Luxury on Taxpayer Subsidy
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  27. U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff, by Brandon Sample
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  29. Successful Appellate Ruling Invalidating Statute Creates Prevailing Party for Attorney Fee Award, by David Reutter
  30. Exhaustion Excused Where Warden Misled Prisoner During Grievance Process, by Brandon Sample
  31. Ninth Circuit: Los Angeles County Not Liable for Occasional Over-Detentions, by Michael Brodheim
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  33. Sexual Abuse of Youths at Tennessee Juvenile Facility Widespread, by David Reutter
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