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Article • September 15, 1997 • from PLN September, 1997
Attorney Fee Award in Nominal Damage Case Affirmed by The court of appeals for the eighth circuit affirmed an award of $6,005.40 in attorney fees and costs to a prisoner who was awarded one dollar in nominal damages after a jury trial. Ali Muhammad, an Arkansas state prisoner, filed suit …
Washington Cost Bill PI Vacated by In the February, 1996, issue of PLN we reported Richey v. Nerup, the unpublished ruling by federal judge Quakenbush in Spokane, WA who entered a Preliminary Injunction (PI) on September 14, 1995, enjoining the Washington DOC from seizing funds from prisoner litigants assessed cost …
Article • July 15, 1997 • from PLN July, 1997
State Must Pay for Prisoner Witnesses by A federal district court in California held that courts may issue writs of habeas corpus ad testificandum to ensure prisoner witnesses are produced to testify in court on behalf of a prisoner plaintiff. The court also held that the cost of transporting and …
Article • June 15, 1997 • from PLN June, 1997
Sixth Circuit Issues PLRA IFP Order by On February 4, 1997, Boyce Martin, chief judge of the sixth circuit, issued an administrative order directing all circuit and district court judges in the sixth circuit to apply the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA) uniformly …
Mississippi Detainees Awarded Damages in Disciplinary Suit by A federal district court in Mississippi held that the due process rights of two pre trial detainees were violated when they were placed in disciplinary segregation without a hearing. The court awarded each detainee $600 in damages. The court also taxed litigation …
Beating Damages Affirmed; PLRA Not Retroactive on Vacated Attorney Fees by The court of appeals for the seventh circuit affirmed a jury verdict awarding damages to two prisoners who were beaten by prison guards and then denied medical care for their injuries for nearly two days. The court held that …
Article • December 15, 1996 • from PLN December, 1996
Attorney Fees Awarded in Smoking Suit by A federal district court in Nebraska awarded a prisoner plaintiff $8,346 in attorney fees and $2,952 in expenses in a suit challenging Nebraska state prisoners' exposure to Environmental Tobacco Smoke (ETS, also known an second hand smoke). This to the first published case …
Article • December 15, 1996 • from PLN December, 1996
Transportation Costs Can't Be Imposed on Losing Plaintiffs by The court of appeals for the seventh circuit affirmed a district court ruling holding an unsuccessful prisoner plaintiff was not liable for costs incurred in transporting him and his witnesses to trial. Bill Sampley, a PLN supporter, and Michael Holland are …
Article • August 15, 1996 • from PLN August, 1996
Filed under: Court Access, Photocopies, Costs
Photocopies Required for Court Access by A federal district court in Ohio held that a prison policy which charges prisoners 35 cents per copy and does not allow a credit system violates prisoners' right of access to the courts. Scott Giles, an Ohio state prisoner, filed suit challenging the Ohio …
TVs for Justice by Dan Pens According to a Tulsa newspaper, Oklahoma prisoner Bruce Hawkins filed a suit in which he claimed he was assaulted and abused by prison guards and then denied medical treatment. Federal district court judge Ralph Thompson held there was no merit to the case and …
Article • August 15, 1996 • from PLN August, 1996
Attorney Fees Awarded in Jail Suit for Attorney-Client Space by Criminal defense attorneys filed suit against the Washington County Jail in Oregon claiming that the space available for client consultation violated their clients right to counsel by inhibiting full and free consultation between clients and counsel; violated the attorneys' right …
Washington Legislation Passed by The Washington legislature was in session for a mercifully short 60 day session between January and March, 1996. In that period several hundred anti-prisoner and anti-defendant bills were introduced, at a cost of $1,500 each. While several passed the legislature about half of those passed were …
Attorney Fees Awarded in Death Row Brutality Case by A federal district court in South Carolina awarded a prisoner's attorney $29,516.50 in attorney fees and $1,856.17 in costs pursuant to 42 U.S.C. § 1988. Cecil Lucas is a death row prisoner in South Carolina. After becoming drunk and combative with …
$176,000 Awarded in Attorney Fees by A federal district court in Illinois entered an award of $163,276 in attorney fees and $12,398 in costs pursuant to 42 U.S.C. § 1988 to prisoner plaintiffs who won $130,000 in damages at a jury trial after being beaten by prison guards. The court …
$460,800 Verdict in Ohio Beating Affirmed by A district court in Ohio denied prison officials' motion for a new trial and affirmed a jury verdict of $460,800 to two Ohio state prisoners who had been beaten by prisoner guards. In the January, 1995, issue of PLN we reported the jury …
Washington DOC Costs Policy Enjoined by Past issues of PLN have reported the ongoing efforts by the Washington attorney general's office to intimidate prisoners who file civil rights suits. Part of this strategy has included seeking costs against prisoners who lose such suits then taking every last penny from the …
Article • April 15, 1995 • from PLN April, 1995
Attorney Fees for Monitoring Consent Decree by In 1992 prisoners seeking to desegregate the Southern Ohio Correctional Facility (SOCF) in Lucasville, Ohio, entered into a consent decree with prison officials. Under the terms of the decree the cells at SOCF would be randomly integrated. After the April, 1993, rebellion at …
Attorney Fees for Contempt Hearing by Jail prisoners of the Natrona County jail in Wyoming initiated contempt proceedings against jail officials for not having complied with the terms of a consent decree entered into between prisoners and jail officials over jail conditions. The district court concluded that the county jail …
Article • September 15, 1994 • from PLN September, 1994
WA DOC Enjoined From Taking Costs by Past issues of PLN have reported on the tactic seized upon by the Washington Attorney General's office to retaliate against prisoners who exercise their right of access to the courts, namely billing prisoners for the costs incurred by the AG in litigating [See …
Article • July 15, 1994 • from PLN July, 1994
Court Upholds Denial of Prisoner Witness Fees by In 1991 a unanimous Supreme Court held in Demarest v. Manspeaker, 111 S.Ct. 599 (1991) that prisoners were entitled to witness fees whenever they testified in federal courts. Just before leaving office George Bush signed into law a modification of 28 U.S.C. …
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