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Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health by Douglas Ankney by Douglas Ankney   On April 2, 2024, the U.S. District Court for the Southern District of Illinois denied relief to Wexford Health Sources, Inc., the private healthcare contractor for the state Department of Corrections …
$10,000 Verdict for Fired Guard’s Failure to Protect Louisiana Prisoner From Stabbing by David Reutter by David M. Reutter The federal court for the Middle District of Louisiana found on July 18, 2023, that a guard at Elayn Hunt Correctional Center (EHCC) violated a prisoner’s Eighth Amendment rights by failing …
Article • May 1, 2022 • from PLN May, 2022
Filed under: Attorney Fees (PLRA)
$260,000 in Attorney Fees Awarded by California Federal Court after Finding Governing State Law Not Impacted by PLRA by David Reutter by David M. Reutter After finding the award of attorney’s fees under California’s Code of Civil Procedure is not impacted by the Prison Litigation Reform Act (PLRA), 42 U.S.C. …
Article • June 4, 2019 • from PLN June, 2019
Filed under: PLRA, Attorney Fees (PLRA)
PLRA Attorney Fee Award Discussed after Oklahoma Jail Prisoner Awarded $35,001 by Derek Gilna by Derek Gilna James Jordanoff, a former pre-trial detainee at the Cleveland County Detention Center in Oklahoma, won a $35,001 judgment following a jury trial based on a First Amendment retaliation claim against ex-guard Josh Coffey.  …
Article • June 16, 2018
Wrongfully Deported California Permanent Resident Granted Retrial by Christopher Zoukis by Christopher Zoukis     Jose Luis Tapia-Fierro, who was a legal permanent resident of California when he was deported after a conviction of involuntary manslaughter, was granted the right to appeal his deportation decision even after waiving his appeal …
Murphy v. Smith, USA, Amicus Brief, Prisoner Access to Counsel, 2017 No. 16-1067 IN THE Supreme Court of the United States _________ CHARLES MURPHY, Petitioner, v. ROBERT SMITH AND GREGORY FULK, Respondents. ________ On Petition For A Writ Of Certiorari to the United States Court of Appeals for the Seventh …
Corrections Corporation of America Held in Contempt of Court for Falsifying Records at Idaho Prison by Lonnie Burton On May 23, 2016, the United States Court of Appeals for the Ninth Circuit affirmed an Idaho federal district court ruling that found Corrections Corporation of America (CCA) -- a private prison …
Publication • December 30, 2016
Committee on Professional Ethics Opinion 1062 (62915), New York State Bar Association, 2015 ETHICS OPINION 1062 New York State Bar Association Committee on Professional Ethics Opinion 1062 (6/29/15) Topic: Financing a law practice; crowdfunding websites. Digest: A law firm may engage in certain types of crowdfunding but not others. Any …
Report Finds Criminal Justice System Financially Overburdens Prisoners and Their Families by Christopher Zoukis The Ella Baker Center for Human Rights, a nonprofit focused on racial and economic policy, in conjunction with Forward Together and a dozen other community and civil rights organizations recently released a study which surveyed hardships …
Tennessee Sheriff’s Willful Denial of Public Records Merits PLN Attorney Fee Award by On June 24, 2015, a Tennessee appellate court found the sheriff of Marshall County had willfully denied access to public records requested by Prison Legal News, and held that PLN was entitled to attorney fees after filing …
Article • March 31, 2016 • from PLN April, 2016
U.S. Supreme Court Reverses Idaho Supreme Court, Asserts “Federal Supremacy” by Derek Gilna Melene James sued the City of Boise and other defendants in Idaho state court in a 42 U.S.C. § 1983 action, alleging assault, battery, false arrest, wrongful imprisonment and other claims against city police officers, but failed …
Article • February 18, 2016
Unauthorized, Unpreserved Oregon Court-Appointed Attorney Fees Reversed by Mark Wilson The Oregon Court of Appeals reversed lower court assessments of attorney fees against criminal defendants without finding that they are, or may be, able to pay. Clifford Graham was convicted of four sex crimes. Since he had previously been twice …
Publication • December 1, 2015
Philadelphia Bar Assn Professional Guidance Committee Opinion, Philadelphia Bar Association, 2015 The Philadelphia Bar Association Professional Guidance Committee Opinion 2015-6 (December 2015) The inquirer states that he represents a client in a matter in which the inquirer expects to start litigation against a government entity in a Pennsylvania court. The …
Article • November 16, 2015
Ninth Circuit Affirms Attorney’s Fees for Denied Motion by Ninth Circuit Affirms Attorney’s Fees for Denied Motion In response to the state’s appeal of awarded attorney’s fees generated by monitoring compliance to an injunction compelling the defendant, Idaho State Board of Corrections (ISBC), to reach prescribed population levels, along with …
Article • October 12, 2015
Filed under: Attorney Fees (PLRA)
$48,000 in Attorney Fees Awarded in Prisoner-Injury Civil Action by David Reutter $48,000 in Attorney Fees Awarded in Prisoner-Injury Civil Action           by David Reutter On November 18, 2013, a Colorado federal district court awarded more than $48,000 in attorney fees in a civil rights action involving a prisoner being injured …
Article • September 24, 2015 • from PLN October, 2015
Filed under: Attorney Fees (PLRA)
PLRA Attorney Fee Limits Inapplicable to Discovery Violation Awards by PLRA Attorney Fee Limits Inapplicable to Discovery Violation Awards In April 2014, a Virginia federal district court awarded $15,980 in attorney fees for a discovery violation in a class-action prisoner civil rights suit. The court’s award came after it found …
Article • September 21, 2015
$800,000 in Attorneys’ Fees Awarded by California Court Against Los Angeles Police by $800,000 in Attorneys’ Fees Awarded by California Court Against Los Angeles Police The United States District Court, Central District of California, held on March 3, 2014, for plaintiff Troy Dugan in his motion for attorneys’ fees after …
Article • September 21, 2015
$733,000 in Attorneys’ Fees Awarded in Los Angeles Police Death Suit by $733,000 in Attorneys’ Fees Awarded in Los Angeles Police Death Suit On December 20, 2010, the United States District Court, Central District of California, awarded $719,417.00 in attorneys’ fees and $13,541.92 in costs to three attorneys representing the …
Article • June 3, 2015 • from PLN June, 2015
Ninth Circuit: PLRA Fee Cap Inapplicable to Fees on Appeal by Ninth Circuit: PLRA Fee Cap Inapplicable to Fees on Appeal by Mark Wilson The Ninth Circuit Court of Appeals held that the attorney fee cap provision of the Prison Litigation Reform Act (PLRA) does not apply to fees incurred …
Article • March 5, 2015 • from PLN March, 2015
Third Circuit Affirms Nominal Damages, Reverses PLRA Fee Cap Order by Mark Wilson Third Circuit Affirms Nominal Damages, Reverses PLRA Fee Cap Order by Mark Wilson On March 28, 2014, a New Jersey federal district court refused to reduce a prisoner’s attorney fee award to $1.50 (i.e., 150% of his …
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