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Eleventh Circuit: Preliminary Injunctions Have 90-Day Limit Under PLRA; Permanent Injunction Required to Extend Relief
Loaded on Dec. 1, 2021
by David Reutter
published in Prison Legal News
December, 2021, page 40
Filed under:
Injunctions (PLRA).
Location:
Georgia.
by David M. Reutter
The Eleventh Circuit Court of Appeals held that “the entry of a permanent injunction is necessary to prevent a preliminary injunction from expiring by operation of law after 90 days under the PLRA’s (Prison Litigation Reform Act) ‘unless’ clause.” That holding resulted in the Court vacating …
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More from this issue:
- Environmental Indifference, by Anthony Moffa
- From the Editor, by Paul Wright
- $15,379,091 Judgment Entered Against Delaware DOC’s Former Health Care Provider for Narcotics and Medicare Fraud, by Chuck Sharman
- Report Highlights Force Feeding of Hunger Striking Asylum Seekers by ICE and GEO, by Edward Lyon
- Fourth Circuit Holds CoreCivic Immigration Detainees in New Mexico Not “Employees” Under FLSA
- San Luis Obispo County Jail Conditions Violate Eighth and Fourteenth Amendments, by Keith Sanders
- Federal Jury Orders GEO Group to Pay $23 Million for Immigrant Detainee Slave Labor in Washington
- How Trump Made a Tiny Christian College the Nation’s Biggest Prison Educator, by Eli Hager
- BOP Trust Fund Accounts Reportedly Shield Prisoners from Payment Obligations, by Dale Chappell
- $53 Million Settlement in Los Angeles Jail Strip Search Lawsuit Approved, by David Reutter
- Disenfranchisement the Old Fashioned Way, by Jayson Hawkins
- Whistleblower Alleges Hawaii Prison Officials Provided False Audit Data, by Kevin Dayton
- HRDC Sues Lincoln County Wisconsin Jail over Censorship Practices
- Ninth Circuit: Pretrial Detainees Have Right to Direct-View Safety Checks, by David Reutter
- Federal Prisons’ Switch to Scanning Mail Is a Surveillance Nightmare, by Lauren Gill
- Eleventh Circuit: Preliminary Injunctions Have 90-Day Limit Under PLRA; Permanent Injunction Required to Extend Relief, by David Reutter
- Pennsylvania Supreme Court: Illegal Juvenile LWOP Sentence Undermined Validity of Later Conviction, by Douglas Ankney
- Eighth Circuit Rules District Court Must Use Federal Law for Admissibility of Expert Testimony, by Douglas Ankney
- Too Many In-Custody Deaths of BOP Prisoners are Unnecessary and Preventable, by Casey Bastian
- California Supreme Court: Prisoners Cannot Legally Possess Cannabis, by Casey Bastian
- Public Records Suit Filed Against Florida DOC To Obtain Formula Used To Compute Sentences
- History Professor Fired After Criticizing University’s Racist Past and Pro-Prison Present, by Keith Sanders
- Prison Visitors Have Fourth Amendment Right to Refuse Strip Search and Option to Leave Prison
- Unreliable Drug Tests Standard for Law Enforcement and Prisons, by Keith Sanders
- Massachusetts Prisons Pledge to End Solitary, by Jayson Hawkins
- Civilly Detained Sex Offender Plaintiff Proceeding In Forma Pauperis Not a Prisoner Under PLRA
- $405,794 Paid by California Prison System for Prisoner Killed by Aryan Brotherhood Cellmate
- Pennsylvania Supreme Court Upholds Sanctions and Award of $118,458 in Attorney Fees Against DOC for Withholding Documents Requested Under Right-to-Know Law
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- Sherburne County, MN, Settles with HRDC for $98,000 Plus New Jail Publications Policy, by Chuck Sharman
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- ABA’s Private Prisons Prophecy Comes to Pass, by Edward Lyon
- Michigan Prisoner’s Corizon Suit Dismissed Due to “Morass of Irrelevancies”, by David Reutter
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- Help Wanted: 31,000 Prison Guard Jobs Open Nationwide, Sept. 1, 2025
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025
More from these topics:
- Nevada Prisoner Wins Injunction Requiring DOC to Provide Exercise Despite Guard Shortage, Jan. 1, 2024. Staffing, Exercise, Appointment of Counsel, Injunctions (PLRA), Preliminary Injunctions/TRO's, Class Actions, Right to Exercise.
- Hear Us Now? Hearing Impaired Tennessee Prisoners Secure Injunction, Jan. 1, 2024. Deaf Prisoners, Injunctions (PLRA), Preliminary Injunctions/TRO's, Americans with Disabilities Act, Rehabilitation Act, Video-Conferencing.
- Eleventh Circuit: Expiration of Preliminary Injunction Moots Appeal, March 1, 2016. Injunctions (PLRA), Religious Diet.
- Ninth Circuit Affirms Attorney’s Fees for Denied Motion, Nov. 16, 2015. Attorney Fee Awards, Attorney Fees (PLRA), Injunctions (PLRA).
- Plata and Coleman Showdown in California, June 15, 2013. Conditions of Confinement, Overcrowding, Injunctions (PLRA).
- Mass Incarceration Now, Tomorrow, Forever: Gov. Jerry Brown and the Politics of Court Bashing, March 15, 2013. Overcrowding, PLRA, Injunctions (PLRA), Suicides.
- U.S. Supreme Court Holds California’s Prison Overcrowding Violates Eighth Amendment, Must be Remediated by Population Reduction, July 15, 2011. Systemic Medical Neglect, Contagious Disease -- Misc., Totality of Conditions, Overcrowding, Eighth Amendment, Staffing, Sewage, Water, Injunctions (PLRA), Civil Procedure, Special Masters, Parole, Failure to Treat (Mental Illness), Suicides, Federal Legislation.
- Federal Court Rejects California’s Attempt to Terminate Clark Remedial Plan, Grants $2.3 Million in Attorney’s Fees, April 15, 2011. Discrimination, Disabled Prisoners, Injunctions (PLRA), Americans with Disabilities Act, Rehabilitation Act.
- California: Gilmore Injunction Over Prison Libraries Terminated After 38 Years, Dec. 15, 2010. PLRA, Injunctions (PLRA), Law Library Access/Adequacy.
- California Prison Officials Settle Deliberate Indifference Suit for $12,000, April 15, 2010. Toilets, Plumbing, Sewage, Sanitation, PLRA, Physical Injury Rule, Injunctions (PLRA), Qualified Immunity, Supervisory Liability, Failure to Train/Supervise.

