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Attorney Fees Awarded in Challenge to Nevada Shooting Policy by A federal district court in Nevada warded prisoners attorneys' fees and costs totaling $374,370.17 in an action challenging prison practices concerning the use of force and mental health services. Following the decisions, the Nevada Attorney General's office negotiated the award …
Article • November 15, 2000 • from PLN November, 2000
$78,000 Damages and Fees Awarded in KS Kosher Diet Suit by A federal district court in Kansas awarded a prisoner $30,622 in attorneys' fees and $1,200 in costs and expenses. The court held, however, that the Prison Litigation Reform Act (PLRA), required the court to apply 25 percent of plaintiff's …
Article • September 15, 2000 • from PLN September, 2000
No Qualified Immunity from ETS Exposure by The U.S. court of appeals for the Second Circuit held that it was clearly established after Helling v. McKinney, 509 U.S. 25 (1993), that prison officials could not be deliberately indifferent to exposure of prisoners to levels of environmental tobacco smoke (ETS) that …
Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape Suit by Mark Cook Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape suit By Mark Cook The U.S. District Court for the Northern District of California held: (1) prisoners' action was not one sounding in tort, …
Article • August 15, 2000 • from PLN August, 2000
Attorney Fee Award Against Prisoner Reduced by A federal court in Virginia reduced an attorney fees award against a prisoner who filed a factually frivolous suit from $28,719 to $900. John McGlothin, a Virginia state prisoner, filed a civil rights suit under 42 U.S.C. § 1983 against the warden and …
Article • August 15, 2000 • from PLN August, 2000
WA Court Costs Can be Remitted by WA Court Costs Can Be Remitted Appeals, Division One, held that: (1) the State may be awarded costs under RCW 10.73.160 even if an indigent prisoner's appeal raises debatable issues; and (2) a defendant whose conviction has been affirmed may petition the sentencing …
South Carolina Prisoner Wins Excessive Use of Force Suit Pro Se by South Carolina Prisoner Wins Excessive Use Of Force Suit Pro Se By Matthew T. Clarke In an unpublished opinion, the Fourth Circuit court of appeals has held that a South Carolina federal district court improperly failed to consider …
Article • February 15, 2000 • from PLN February, 2000
Filed under: Civil Procedure, Costs
Indigence is Cause to Retax Costs by The court of appeals for the Ninth circuit held that a district court abused its discretion in denying a motion to retax costs when the losing plaintiff was indigent and the effect of taxing costs against the plaintiff would chill future civil rights …
Article • February 15, 2000 • from PLN February, 2000
Litigation Costs Not Dischargeable in Bankruptcy by A federal bankruptcy court in Idaho held that the PLRA's modification to the bankruptcy code, 11 U.S.C. § 523(a)(7), which exempts from chapter 7 bankruptcy discharge any debt involving filing fees and litigation costs, applies to non prisoners as well as prisoners. The …
Article • September 15, 1999 • from PLN September, 1999
Prisoner Can Attend His Civil Trial at Government Expense by A federal district court in Maryland held that it would permit a federal prisoner, confined in Pennsylvania, to personally attend his three-day civil rights trial in Greenbelt, Maryland, at government expense. In separate incidents in 1993 and 1994, Anthony Hawks …
Frivolous Qualified Immunity Appeals Warrant Sanctions by The court of appeals for the Sixth Circuit that it lacked jurisdiction over an interlocutory appeal from an order denying qualified immunity because the prison medical personnel defendants would not concede to view the facts in a light most favorable to the prisoner. …
Article • August 15, 1999 • from PLN August, 1999
Costs Imposed Regardless of Ability to Pay by The court of appeals for the Sixth circuit held that the Prison Litigation Reform Act (PLRA) allows courts to impose costs on losing prisoner litigants regardless of their ability to pay. The court held that the PLRA overruled prior circuit precedent to …
PLRA Attorney Fee Cap Applies in $65,000 Beating Case by Afederal district court in Texas has ruled that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, applies to work performed by attorneys appointed after the enactment of the PLRA to represent pro se …
$130,000 in Damages and Fees Awarded in New York Retaliation Suit by In the October, 1996, issue of PLN we reported Alnutt v. Cleary, 913 F. Supp. 160 (WD MY 1996). The case involves New York state prisoner Jeffrey Alnutt who filed suit in 1990 after various guards at the …
Article • March 15, 1999 • from PLN March, 1999
Florida Nicotine Addiction Suit Settled by The cover story in the January, 1998, issue of PLN , "Smoking, Lies and Hypocrisy," by Paul Wright, mentioned the case of Thomas Waugh. Waugh, a Florida prisoner, had sued Florida prison officials for failing to provide him with any type of treatment to …
Article • November 15, 1998 • from PLN November, 1998
$28,719 Assessed Against Pro Se Litigant by Afederal district court in Virginia assessed $28,719.25 in defendants' attorney fees against an unsuccessful pro se prisoner litigant but declined to impose Rule 11 sanctions. John McGlothlin, a Virginia state prisoner, filed suit claiming violation of his right to the free exercise of …
Article • October 15, 1998 • from PLN October, 1998
Maryland Indigent Court Cost Suit Settled by On July 1, 1997, U.S. district court judge Marvin Garbis approved the settlement of a class action suit involving the collection of previously waived indigent court costs. In 1991 the Maryland legislature enacted a Budget Reconciliation Act, 1991 Md. Laws, Ch. 3, § …
Article • February 15, 1998 • from PLN February, 1998
PLRA Requires Winning Prisoner to Pay 25% of Defendants' Atty Fees by In the first published ruling on this issue, a federal district court in New York required a winning prisoner to pay 25% of the reduced attorney fees assessed against the losing prison official defendants. Kevin Clark is a …
Texas Parole Case Reversed by In the October, 1996, issue of PLN we reported the class action suit Johnson v. Texas Dept. of Criminal Justice, 910 F. Supp. 1208 (WD TX 1995) in which a federal district court in Texas ordered the state parole board to not consider "protest letters" …
Detainee Awarded $64,000 in Guard Attack by A federal district court in Iowa denied jail guards' motion for a new trial on a detainee's jury verdict awarding $64,000 in an excessive force suit. Jeffrey Schultz was arrested and booked into the Woodbury county jail. During the booking Schultz was shackled, …
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