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Fourth Circuit Finds PLRA Attorney Fee Cap Constitutional
Loaded on Sept. 19, 2014
by David Reutter
published in Prison Legal News
September, 2014, page 42
Filed under:
Attorney Fees (PLRA).
Location:
North Carolina.
Fourth Circuit Finds PLRA Attorney Fee Cap Constitutional
by David M. Reutter
The Fourth Circuit Court of Appeals held on November 1, 2013 that the attorney fee provision of the Prison Litigation Reform Act (PLRA) is constitutional. The ruling was in alignment with other appellate courts that …
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More from this issue:
- Some States Refuse to Implement SORNA, Lose Federal Grants
- Volunteers Help Prisoners Vote at D.C. Jail
- Some GPS Monitoring Devices Capable of Audio Recording, by Christopher Zoukis
- Indiana Supreme Court Holds Agreed Court Order with Prosecutor is Binding on DOC, by Matthew Clarke
- Incarceration is Excusable Default in New York Housing Court Proceeding, by Mark Wilson
- Recidivism Performance Measures for Private Halfway Houses in Pennsylvania, by Alex Friedmann
- Modern-Day Slavery in America’s Prison Workforce, by Beth Schwartzapfel
- South Florida Landlord Bucks Trend, Offers Housing to Sex Offenders
- $2.85 Million Jury Verdict for Suicide at Missouri Jail, by Derek Gilna
- New York Judge Unseals Attica Prison Riot Records – Sort of, by Joe Watson
- Prison Labor Boosts Wal-Mart’s Profits Despite Pledge, by Derek Gilna
- Courts Struggle with Child Pornography Restitution Following Supreme Court Ruling
- Fifth Circuit: “Mailbox Rule” Applies to Texas State Habeas Petitions
- Texas: Clerk May Not Bill Defendant for Attorney Fees Not Ordered by Court, by Matthew Clarke
- Fifth Circuit Holds Prison Guard’s Injury-Causing Reckless Driving States Nonfrivolous Claim, by Matthew Clarke
- Fourth Circuit Finds PLRA Attorney Fee Cap Constitutional, by David Reutter
- Eighth Circuit Holds No SORNA Registration Requirement after Leaving U.S., by Matthew Clarke
- Alabama DOC Short Hair Policy Does Not Violate RLUIPA, by David Reutter
- First Circuit Dismisses Appeal of Court’s Failure to Sanction Federal Prosecutor, by Matthew Clarke
- Eighth Circuit Upholds Injunction Over Cameras in Restrooms at Civil Commitment Center, by Matthew Clarke
- Former New Mexico State Senator Released from Prison
- Transferred Prisoner May Sue Oklahoma Officials in Oregon Court, by Mark Wilson
- Eleventh Circuit Tailors Turner for Censorship Claims at Civil Commitment Center, by David Reutter
- Seventh Circuit Upholds Dismissal of Suit Over Placement on Suicide Watch, by Matthew Clarke
- Alabama Work Release Transportation, Medical and Drug Screen Costs Not “Incidental to Confinement”, by David Reutter
- Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company, by Matthew Clarke
- Massachusetts: Acquittal on Additional Sex Offense Doesn’t Trigger Reevaluation of Sex Offender Classification, by Matthew Clarke
- BOP Criticized for Failing to Oversee Healthcare Administrator at FCC Butner, by Derek Gilna
- New Report Cites Fewer HIV-Positive State and Federal Prisoners, by Matthew Clarke
- Selection and Retention Process for Tennessee Appellate Court Judges Challenged, by Christopher McWhorter
- Sentence Reductions for “Snitching” Undermine U.S. Justice System, by Derek Gilna
- Settlement Opens Georgia Courtrooms to the Public, by David Reutter
- Do Residency Bans Drive Sex Offenders Underground?, by Steven Yoder
- CCA Has Long History of Wage Violations, Poor Treatment of Employees
- Private Debt Collection Companies Contract with District Attorney’s Offices, by David Reutter
- From the Editor, by Paul Wright
- Texas: Unconstitutional to Revoke Probation Due to Refusal to Self-Incriminate During Polygraph or Therapy, by Matthew Clarke
- News in Brief
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- 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
More from these topics:
- 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.
- 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.
- $10,000 Verdict for Fired Guard’s Failure to Protect Louisiana Prisoner From Stabbing, Jan. 1, 2024. Prisoner-Prisoner Assault, Snitch Jacketing, Failure to Protect (General), Attorney Fee Awards, Attorney Fees (PLRA).
- New Jersey Takes First Steps in Eliminating Public Defender Fees, Nov. 1, 2023. Attorney Fees (PLRA).
- $260,000 in Attorney Fees Awarded by California Federal Court after Finding Governing State Law Not Impacted by PLRA, May 1, 2022. Attorney Fees (PLRA).
- PLRA Attorney Fee Award Discussed after Oklahoma Jail Prisoner Awarded $35,001, June 3, 2019. PLRA, Attorney Fees (PLRA).
- Wrongfully Deported California Permanent Resident Granted Retrial, June 16, 2018. Attorney Fees (PLRA), Appeals, Trials, Immigration.
- Fines and Fees: Explained, Dec. 27, 2017. Attorney Fees (PLRA), Filing Fees (PLRA), Filing Fees, Bail, Money/Property, Bond Fees, Booking Fees, Bail Bonds.
- Corrections Corporation of America Held in Contempt of Court for Falsifying Records at Idaho Prison, March 14, 2017. Corrections Corporation of America/CoreCivic, Failure to Protect (General), Staffing, Attorney Fees (PLRA), Contempt (Civil Procedure).
- Report Finds Criminal Justice System Financially Overburdens Prisoners and Their Families, Dec. 28, 2016. Racial Discrimination, Prison Reform, Statistics/Trends, Cost of Prison Systems, Attorney Fees (PLRA), Filing Fees (PLRA), Rehabilitation/Recidivism, Release and Reentry, Indigent Defense, Filing Fees, Collateral consequences of prison, Bond Fees, Booking Fees, Commissary, Telephone Rates, Family, Racial Profiling.