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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Alleges Sufficient Facts to Establish Imminent Danger, Permitted to Proceed Despite Three Prior “Strikes” by In an unpublished per curiam opinion decided September 2006, the Fourth Circuit vacated a district court order dismissing a prisoner’s civil rights complaint pursuant to 28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 …
Article • March 15, 2013 • from PLN March, 2013
Eighth Circuit: Procedurally Defaulted Grievances Decided on Merits are Considered Exhausted by On June 15, 2012, the Court of Appeals for the Eighth Circuit reversed the dismissal of a prisoner’s claims related to inadequate medical care. Missouri state prisoner Mark E. Hammett, while housed at the Jefferson County Correctional Center, …
Article • March 15, 2013
Dismissal of Pennsylvania Prisoner’s Legal Mail Claim Reversed by The Third Circuit Court of Appeals reversed the grant of summary judgment to officials at Pennsylvania’s State Correctional Institution at Smithfield (SCI) in a civil rights action claiming they engaged in a pattern or practice of opening a prisoner’s legal mail …
Article • March 15, 2013
South Carolina Prisoner's Case Dismissed Under Three Strikes Rule of PLRA by Derek Gilna Prisoner James G. Blakely, according to the decision, “has pursued over forty cases in federal district court, ten appeals in this Court, and numerous suits in state court.” The case before the Fourth Circuit Court of …
Article • February 15, 2013 • from PLN February, 2013
Seventh Circuit Approves Illinois Prison’s Rejection of PDR and Drug Guide by On March 9, 2012, the Seventh Circuit Court of Appeals affirmed the dismissal of a prisoner’s civil rights action that alleged violation of his constitutional rights due to the censorship of two books by prison officials. James Munson, …
Forms of Judicial Deference in Prison Law by Sharon Dolovich by Sharon Dolovich1 Anyone familiar with the constitutional law of prisoners’ rights knows how ready courts are to find against prisoners in the name of “judicial deference.” It is not unreasonable for courts to grant a measure of deference to …
Article • June 15, 2012 • from PLN June, 2012
Judge, Not Jury, Must Resolve Questions about Administrative Exhaustion by Factual disputes surrounding whether a prisoner properly exhausted administrative remedies under the Prison Litigation Reform Act (PLRA) prior to filing suit must be resolved by the court, not a jury, the U.S. Court of Appeals for the Second Circuit held …
No “Strike” Under PLRA When Some Claims are Heard on the Merits by Brandon Sample A prisoner does not incur a “strike” under the Prison Litigation Reform Act (PLRA) unless his or her suit is dismissed entirely as frivolous, malicious or for failure to state a claim, the U.S. Court …
Coats v. Fox, 9th Cir, Def Answering Brief, failure to treat Hep C, 2012 11-18085 IN TliE UNITED STATES COURT OF APPEALS FOR Tl-ffi NINTH CIRCUIT .oi- WILLIAM THOMAS COATS, A Plaintiff-Appellant, V. MICHAEL FOX, Defendant-Appellee. On Appeal from the United States District Court for the Eastern District of California …
Coats v. Fox, 9th Cir, Def Supp Excerpts of Record, failure to treat Hep C, 2012 ^NC 11-18085 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT WILLIAM THOMAS COATS, Plaintiff-Appellant, MICHAEL FOX, Defendant-Appellee. On Appeal from the United States District Court for the Eastern District of California …
Article • May 15, 2012 • from PLN May, 2012
Ninth Circuit Holds New Claims Need Only be Exhausted Prior to Filing Amended Complaint by The Ninth Circuit has held that a § 1983 prisoner litigant who wants to raise new claims based on conduct that occurred after an initial complaint was filed may do so by exhausting available administrative …
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