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Sixth Circuit Vacates Section 1915(e)(2) Dismissal of Discrimination Claim by The Sixth Circuit Court of Appeals vacated a lower court’s sua sponte dismissal of a Kentucky prisoner’s race discrimination claim as frivolous under 28 U.S.C. § 1915(e)(2). Kentucky prisoner DeWayne Brand, an African-American, shared a cell with white prisoner Troy …
Article • August 15, 2013
Indiana Overcrowding Suit Certified as Class Action; Grievances Specific Enough to Satisfy PLRA by A federal court in Indiana certified a jail overcrowding case as a class action. It also found that Plaintiff adequately exhausted his claims. In January, 2007, the American Civil Liberties Union (ACLU) of Indiana brought suit …
Article • August 15, 2013 • from PLN August, 2013
Seventh Circuit: Health Hazard without Physical Injury Can State a Claim by On September 27, 2012, the Seventh Circuit Court of Appeals upheld the dismissal of a prisoner's lawsuit, but noted that seemingly de minimis harm from a vermin infestation may state a cognizable claim. Illinois prisoner Calvin Thomas filed …
Article • August 15, 2013 • from PLN August, 2013
Seventh Circuit Asks Illinois Supreme Court to Interpret "Frivolous" Litigation Statute by Seventh Circuit Asks Illinois Supreme Court to Interpret "Frivolous" Litigation Statute In an August 29, 2012 decision, the Seventh Circuit Court of Appeals asked the Illinois Supreme Court to interpret a state law that authorizes the revocation of …
Congress Amends PLRA Physical Injury Requirement for Sexual Abuse Cases by John Boston The federal Violence Against Women Act (VAWA) was renewed and broadened in February 2013, after much controversy involving Republican opposition to provisions extending certain of the statute's protections to LGBT persons, Native Americans living on reservations and …
Article • July 15, 2013 • from PLN July, 2013
Sixth Circuit Reverses Dismissal of Suit Due to Non-Exhaustion and Statute of Limitations by The Sixth Circuit Court of Appeals reversed a lower court's summary judgment order that erroneously dismissed a Michigan prisoner's lawsuit for non-exhaustion and because it was time-barred. On November 30, 2005, Michigan state prisoner Samuel Surles …
Brief • July 3, 2013
Jackson v. Meisner, WI, AAG Letter to Judge, Columbia CI error rejecting inmate complaint, 2013 • STATE OF WISCONSIN DEPARTMENT OF JUSTICE J.B. VAN HOLLEN ATIORNEY GENERAL 17 W. Main Street P.O. Box 7857 Madison, W1 53707-7857 www.doj.state.wi.us Kevin M. St. John Deputy Attorney General Rebecca A. Paulson Assistant Attorney …
Article • June 15, 2013 • from PLN June, 2013
Plata and Coleman Showdown in California by John Dannenberg by John E. Dannenberg A three-judge federal court tightened the noose around the neck of the California Department of Corrections and Rehabilitation (CDCR) in April 2013 when it issued a lengthy order denying a motion by state officials to delay or …
Publication • 2013
Federal Administrative Grievance Guide ASL Version Washington Lawyers' Committee 2013 AN INMATE’S GUIDE TO ADMINISTRATIVE REMEDY REQUESTS AT FEDERAL PRISONS This Guide has been created by the D.C. Prisoners’ Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs. It is not intended to replace the advice of …
Administrative Remedies “Unavailable” when Prisoner under Threat of Intimidation or Retaliation by The Tenth Circuit Court of Appeals has held “that when a prison official inhibits a prisoner from utilizing an administrative process through threats or intimidation, that process can no longer be said to be ‘available’” under the Prison …
Second Circuit: Continuing Violations Exhausted with Single Grievance by The Second Circuit Court of Appeals held on May 16, 2012 that a New York district court had incorrectly concluded that a prisoner failed to exhaust his administrative remedies before bringing a religious freedom suit. Muslim prisoner Neil Johnson was confined …
Article • April 15, 2013 • from PLN April, 2013
Seventh Circuit: Cost Bond Improper Tool to Address Prisoner’s Frivolous Filings by On May 30, 2012, the Seventh Circuit Court of Appeals reversed an Illinois federal district court’s order that imposed a cost bond on an indigent prisoner which the court knew he could not afford, holding that such an …
Article • April 15, 2013 • from PLN April, 2013
Defendants Must Challenge Joint and Several Liability for Attorney Fees on Initial Appeal or Issue is Waived by On May 22, 2012, the Ninth Circuit Court of Appeals held that defendants found liable for civil rights violations had failed to challenge in their initial appeal an order that they were …
Article • April 15, 2013
4th Circuit: Prisoner Alleges Sufficient Facts to Establish Imminent Danger, Permitted to Proceed Despite Three Prior “Strikes” by In an unpublished per curiam opinion decided September 2006, the Fourth Circuit vacated a district court order dismissing a prisoner’s civil rights complaint pursuant to 28 U.S.C. §1915(g) on the ground that …
Article • April 15, 2013
Fourth District Court of Appeals Reverses PLRA Case on Removal of Jurisdiction by The United States Court of Appeals for the Fourth District remanded in May 2012 to the state court a cause tested against issues of subject matter jurisdiction and improper removal to a higher court. The case was …
Article • April 15, 2013
Ninth Circuit: Improper Screening of Prisoner's Grievances May Excuse Failure to Exhaust Under PLRA by In a ruling with potentially significant consequences, the Ninth Circuit held on September 27, 2010 that a prison official's improper screening out of a prisoner's grievances may excuse the prisoner's failure to exhaust administrative remedies, …
Article • April 15, 2013
Filed under: PLRA, Filing Fees (PLRA)
No More Than 20 Percent Can Be Deducted To Pay Filing Fees by Brandon Sample The provision of the Prison Litigation Reform Act (PLRA) authorizing monthly deductions from a prisoner’s account to satisfy the filing fee in a civil case does not permit prison officials to deduct more than 20 …
Ninth Circuit: Dismissals Not Strikes Until Appeals Final; Interference With Court Access and Retaliation Claims Reversed by The Ninth Circuit Court of Appeals reversed a lower court's dismissal of a pro se prisoner's interference with court access and retaliation claims. The court also held that dismissals do not count as …
Article • March 15, 2013
Mass Incarceration Now, Tomorrow, Forever: Gov. Jerry Brown and the Politics of Court Bashing by Jonathan Simon by Jonathan Simon, Professor of Law Just about two years ago, in May 2011, the US Supreme Court in Brown v. Plata 131 S.Ct. 1910 (2011) upheld what Justice Scalia called the "most …
Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld by Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld On March 19, 2012, the Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(e) bars compensatory damages …
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