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Civilly Detained Sex Offender Plaintiff Proceeding In Forma Pauperis Not a Prisoner Under PLRA
Loaded on Dec. 1, 2021
published in Prison Legal News
December, 2021, page 51
The Second Circuit Court of Appeals held that “an individual detained pursuant to civil sex offender confinement statute is not a ‘prisoner’ under the PLRA.” The court directed the clerk to reimburse the appellant all funds it has withdrawn from his account to pay the filing fee.
The court’s June ...
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More from this issue:
- Environmental Indifference, by Anthony Moffa
- From the Editor, by Paul Wright
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More from these topics:
- Minnesota Sex Offender Program: The Indefinite Detention of the Reviled, Aug. 1, 2024. Sex Offender Registration, Civil Commitment, Sex Offender Classification.
- Oregon Parole Board Ordered to Consider Sex-Offense-Free Time When Setting Sex Offender Notification Levels, July 1, 2024. Sex Offender Registration, Sex Offender Registration and Notification Act, Sex Offender Classification.
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Fifth Circuit Denies Qualified Immunity to Louisiana Prison Chief for Prolonging Prisoner’s Detention with Sex Offender Misclassification, Feb. 1, 2024. Overdetention, Qualified Immunity, Supervisory Liability, Unlawful Detention, Sex Offender Classification.
- Doctor Convicted of Sexually Abusing USA Gymnasts Is Stabbed in Prison Cell, Sept. 15, 2023. Failure to Protect (General), Prison Conditions, Sex Offender Classification.
- $30,000 Paid by Michigan to Prisoner Wrongfully Classified as Sex Offender, Aug. 15, 2023. Settlements, Wrongful Conviction, Sex Offender Classification.
- Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus, July 15, 2023. Failure to Treat, PLRA.
- Fifth Circuit: No Liability for Texas County that Improperly Relied on Polygraph to Imprison Released Sex Offender Additional 13 Years, March 1, 2023. U.S. Sentencing Guidelines, Polygraph Evidence/Testing, Sex Offender Classification.
- After Eleventh Circuit Says ICE Detainee Is Not “Prisoner” Subject to PLRA, He Goes Missing from Georgia, March 1, 2023. PLRA, Detainers.