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Months of Cold-Wet Conditions States Inadequate Shelter Claim by The Sixth Circuit Court of Appeals has held that a Michigan prisoner offered sufficient evidence to support his Eighth Amendment inadequate shelter claim. The Court's decision came in the appeal of William Spencer, who brought claims relating to his pre-trial detention …
Article • December 15, 2007
All Claims Must Be Exhausted Before Suit is Filed by Four plaintiffs filed prematurely before their grievances were decided. Some claims were exhausted by the time the district court dismissed for nonexhaustion, some were still in process. At 885: When multiple prison condition claims have been joined, as in this …
Article • December 15, 2007
Brutality Claims Must Be Exhausted by Excessive force claims are prison conditions claims for purposes of exhaustion; the statutory language is ambiguous but the statutory intent supports this conclusion, especially since force claims often come packaged with other kinds of claims that would have to be exhausted The court rejects …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
State Law Claims in Federal Suits Must Be Exhausted by Use of force is a prison condition for purposes of PLRA; the unavailability of damages does not excuse exhaustion (citing prior circuit authority for both propositions) This court uses the 18 U.S.C. § 3626(g)(2) definition of "conditions of confinement" as …
Charging Prisoner for Injured Guard’s Medical Expenses Upheld by Charging Prisoner for Injured Guard's Medical Expenses Upheld The plaintiff complained that money was taken out of his account to pay medical expenses of an officer injured in a disturbance he was disciplined for, and that the procedures were deficient. However, …
Article • November 15, 2007 • from PLN November, 2007
Indiana DOC Agrees to Remove Mentally Ill Prisoners from Control Units by The Indiana Department of Corrections (IDC) settled a class action lawsuit brought by mentally ill prisoners whose Eighth Amendment rights had been trampled since 1993 by IDC policy that placed them in long-term disciplinary housing instead of treating …
Sixth Circuit Now Permits § 1983 Complaint to Proceed Even if Prisoner Did Not Initially Plead Exhaustion Below by John Dannenberg by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held that a prisoner had an affirmative burden to plead exhaustion of administrative …
A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE by A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE A Review of …
Illinois Administrative Remedies Exhausted When Prison Officials Lost Grievance by The Seventh Circuit Court of Appeals has held that an Illinois prisoner ?took all steps necessary to exhaust? his administrative remedies when prison officials misplaced his timely grievance and did not instruct him to re-file an ?untimely grievance.? On March …
Article • June 15, 2007 • from PLN June, 2007
Disallowing Printed E-Mail Responses To Wisconsin Prisoner’s Web Page Raised Triable Issues of Fact by John Dannenberg Disallowing Printed E-Mail Responses To Wisconsin Prisoner's Web Page Raised Triable Issues of Fact by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals held that the Wisconsin Department of Corrections? (WDOC) …
New York Jail’s Juvenile Education Suit Returns to District Court by New York Jail's Juvenile Education Suit Returns to District Court The Second Circuit Court of Appeals has held that a federal court may only grant relief in a civil rights action filed by a prisoner on federal law claims …
Article • May 15, 2007
Dismissal Reversed Where Record Unclear on Administrative Remedy Exhaustion by The U.S. Seventh Circuit Court of Appeals vacated the dismissal of a prisoner's civil rights suit by the U.S. District Court for the Western District of Wisconsin where the record was unclear regarding exhaustion of administrative remedies. John M. Howe, …
Article • May 15, 2007
Pending Grievance Does Not Satisfy PLRA Exhaustion Requirement by The U.S. Seventh Circuit Court of Appeals, upholding a federal district court's dismissal of a jail prisoner's 42 U.S.C. §1983 suit, held that administrative remedies are not exhausted so long as a grievance is "pending." Lawrence Winder was a pretrial detainee …
Placing Prisoner on Modified Grievance Access Held Constitutional Under Circumstances by Placing Prisoner on Modified Grievance Access Held Constitutional Under Circumstances The U.S. Sixth Circuit Court of Appeals affirmed a Michigan federal district court's dismissal of a state prisoner's claim that his civil rights were violated when prison officials placed …
PLRA Applies to Private Prisons by Upholding a Tennessee federal district court, the U.S. Sixth Circuit Court of Appeals ruled as meritless and frivolous a Wisconsin prisoner's suit against the Corrections Corporation of America (CCA). Jerald Treat, a Wisconsin prisoner incarcerated at the CCA-owned and operated Whiteville Correctional Facility (WCF) …
Attorney Sanctioned For Unreasonably, Vexatiously Prolonging Litigation by The U.S. District Court for the District of New Mexico held that an attorney representing a prisoner in a civil rights action against prison officials had acted "unreasonably and vexatiously" pursuant to 28 U.S.C. § 1927, and ordered him to pay defendants' …
Beating by Guards, Destroyed Eyeglasses May Toll AEDPA Time Limit by The U.S. Ninth Circuit Court of Appeals reversed and remanded a California federal district court's denial of a habeas corpus petition, holding that, if proven true, the prisoner's claim that prison officials failed to replace his broken eyeglasses for …
PLRA Requires Exhaustion of "All Available" Remedies by PLRA Requires Exhaustion of "All Available" Remedies The Eastern District of New York determined that prisoners must exhaust all available remedies under the Prison Litigation Reform Act (PLRA), 42 USC §1997e(a). Adam Abney, a New York state prisoner, was in his cell; …
Wisconsin Prisoner's Failure to Exhaust Remedies Required Dismissal by The U.S. Western District Court of Wisconsin dismissed a civil rights lawsuit filed by a state prisoner who failed to exhaust administrative remedies. Dennis Gonzalez, a Wisconsin state prisoner incarcerated at the Supermax prison in Boscobel, wanted to practice his Native …
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