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Illinois Sheriffs Are County Employees by Illinois Sheriffs are County Employees The court of appeals for the Seventh circuit held that sheriffs in Illinois are county, not state, employees and therefore are not entitled to Eleventh amendment immunity from suits for money damages. Two citizens arrested by Dupage county sheriffs …
Article • November 15, 1998 • from PLN November, 1998
No Refund of PLRA Fees by The court of appeals for the Seventh circuit held that the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA) are constitutional and prisoners do not get a refund of the partial filing fees they pay if they later refuse to …
ADA/RA Apply to Jails and Give Deaf Right to TDD by The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., (ADA) and Rehabilitation Act of 1973, 29 U.S.C. § 794, (RA) apply to jails and require that deaf prisoners be given access to alternate assistance in …
No Exhaustion Required for Money Damage Claims by A federal district court in Illinois held that where prison administrative remedies do not provide for money damages there is no administrative remedy available for prisoner plaintiffs to exhaust within the meaning of 42 U.S.C. § 1997e(a) of the PLRA. Section 1997e(a) …
Garnishment Proceeding Part of Underlying § 1983 Action by The court of appeals for the Seventh circuit held that proceedings to garnish the wages of civil rights defendants against whom judgment has been entered are part of the underlying civil rights actions and district courts retain jurisdiction to enforce the …
Article • September 15, 1998 • from PLN September, 1998
Illinois Suing Prisoners for Cost of Incarceration by Illinois prisoner Kenneth Williams has spent much of the last 12 years working in the Stateville Correctional Center tailor shop sewing prison pants, coats, jumpsuits and shirts. As a result of the job, Williams has saved about $5,000. Money he says he'll …
Dismissal for Incompetent Appointed Lawyer Reversed by The court of appeals for the seventh circuit held that district courts should not dismiss cases for want of prosecution where court appointed counsel is plainly incompetent. Lawrence Dunphy, an Illinois state prisoner filed suit claiming prison officials violated his eighth amendment rights …
Article • September 15, 1998 • from PLN September, 1998
Court Refunds PLRA Deferred Fee Overpayment by A federal court in Illinois has held that neither prison officials nor the courts have the statutory authority to take more than 20% of a prisoner's monthly income to satisfy deferred filing fees under the PLRA. James Higgason, an Illinois prisoner, filed suit …
Two Year Limitations on Illinois § 1983 Suits by The court of appeals for the seventh circuit held that a district court erred in dismissing a prisoner's lawsuit because it had miscalculated the statute of limitations. The court also held that 28 U.S.C. § 1915(g), the "Three Strikes" provision of …
Article • August 15, 1998 • from PLN August, 1998
Filed under: PLRA, Filing Fees (PLRA)
Dismissal for Lying About Poverty Affirmed by Dismissal for Lying About Poverty Affirmed: The court of appeals for the seventh circuit held that 28 U.S.C. § 1915(c) requires courts to dismiss cases if applicants for In Forma Pauperis (IFP) status lie about their poverty. Courts have the discretion to make …
Disciplinary Hearing Violations Enjoined by A federal district court entered an injunction in a class action suit which challenged the systematic denial of due process in prison disciplinary hearings. Prisoners at the Statevile Correctional Center in Illinois filed a class action suit claiming they were denied due process under a …
Article • June 15, 1998 • from PLN June, 1998
Illinois Court Access Suit Dismissed by When the U.S. supreme court decided Lewis v. Casey , 116 S.Ct. 2174 (1996) [ PLN , Aug. 1996] PLN noted that the ruling essentially gutted prisoners' right of access to the courts and made it virtually impossible for class action court access claims …
Article • June 15, 1998 • from PLN June, 1998
Some PLRA Fee Questions Answered by the Seventh Circuit by The court of appeals for the seventh circuit held that once a trial court determines that an appeal is taken in bad faith, a prisoner is disqualified from proceeding in forma pauperis on appeal. Any subsequent appeal, if determined to …
Sexual Harassment Actionable by The court of appeals for the seventh circuit held that sexual harassment by prison staff is actionable under 42 U.S.C. § 1983. The ruling is important because it defines when prison staff act under "color of state law" for liability purposes. Eric Walker, an Illinois state …
No Federal Remedy for False Disciplinary Charges by The court of appeals for the seventh circuit held that a prisoner who is falsely accused of misconduct and punished for no apparent reason has no legal recourse in federal court if the only punishment imposed involves 15 days of segregation. In …
Article • April 15, 1998 • from PLN April, 1998
Even Nominal Damages May Justify Attorney Fee Award by The court of appeals for the seventh circuit held that a verdict of only $500 did not, by itself, justify a denial of an attorney fee award, even though the suit broke no new ground in law regarding police abuses. Although …
Article • February 15, 1998 • from PLN February, 1998
Damages Suit Stayed While Habeas Pursued in Disciplinary Hearing Challenge by As the courts grapple with the question of when prisoners can sue for money damages under 42 U.S.C. § 1983 when challenging disciplinary hearings that result in lost good time and when they must pursue habeas corpus remedies, the …
Article • February 15, 1998 • from PLN February, 1998
Exposure to Cold States Claim Exhaustion Requirement of PLRA Not Retroactive by A federal district court in Illinois held that a prisoner's allegations of exposure to extreme cold while confined to a cell states an eighth amendment claim. The court also declined to apply the exhaustion of administrative remedies requirement …
Article • February 15, 1998 • from PLN February, 1998
Filed under: Medical, Skin, Complaints
7th Circuit Defines "Serious Medical Needs" by The court of appeals for the seventh circuit announced that medical conditions that cause pain, but are not life threatening, constitute serious medical needs for eighth amendment purposes. In doing so, the court clarified this area of law for the seventh circuit. Carlos …
Article • February 15, 1998 • from PLN February, 1998
Cold Cell Violates 8th Amendment by The court of appeals for the seventh circuit held that extremely cold prison cells violate the eighth amendment but poor cell ventilation in summer does not. Anthony Dixon is an Illinois state prisoner in protective custody at Stateville. He filed suit claiming that in …
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