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Article • February 15, 2012
PLRA Limits Attorney Fee Award to $7,500; Prisoner Required to Pay Part of Fees by Brandon Sample On December 17, 2007, U.S. District Court Judge James K. Singleton, Jr. awarded $7,500 in attorney fees following a jury verdict that found New York prison officials had violated the First Amendment in …
BOP Fails to Prove Non-Exhaustion Following Pavey Hearing by Mark Wilson On June 7, 2011, an Illinois U.S. District Court held that federal prison officials had failed to satisfy their burden of proving a prisoner did not exhaust administrative remedies before bringing suit. Chad Alan Hicks was confined at the …
Brief • December 20, 2011
Filed under: Attorney Fees (PLRA)
Floyd et al. City of New York et al, NY, MOL ISO of Daubert Motion, PLRA attorney fee awards, 2011 Case 1:08-cv-01034-SAS -HBP Document 179 Filed 12/20/11 Page 1 of 20 Case 1:08-cv-01034-SAS -HBP Document 179 Filed 12/20/11 Page 2 of 20 Case 1:08-cv-01034-SAS -HBP Document 179 Filed 12/20/11 Page …
Ninth Circuit: PLRA Precludes Award of Attorney Fees Where Violation of Prisoner’s Rights is Not Affirmatively Established by The Ninth Circuit held that the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d)(1), precludes an award of attorney fees in cases where a prisoner obtained relief but did not affirmatively …
Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies by Michael Brodheim Clarifying “the boundaries of proper exhaustion” within the context of California’s prison system, the Ninth Circuit Court of Appeals held that a prisoner “has no obligation to appeal from a …
Article • November 15, 2011 • from PLN November, 2011
Tenth Circuit Rules Oklahoma Prisoner Exhausted Administrative Remedies by The U.S. Court of Appeals for the Tenth Circuit reversed the dismissal of an Oklahoma prisoner’s civil rights lawsuit against prison officials for refusing to provide him with a vegetarian diet consistent with his faith. In reversing the district court, the …
Eighth Circuit Upholds Denial of Qualified Immunity on Medical Claims Against CMS by On July 20, 2010, the Eighth Circuit Court of Appeals affirmed in part a district court’s denial of summary judgment to prison officials on the medical claims of two Arkansas state prisoners. Arkansas Department of Corrections (ADOC) …
Article • November 15, 2011 • from PLN November, 2011
Incapacitation Good Cause for Untimely Exhaustion Under PLRA by The Seventh Circuit Court of Appeals has held that physical incapacitation constitutes good cause for failure to exhaust administrative remedies within the time frame set by prison officials. As such remedies are not “available” within the meaning of the Prison Litigation …
Federal Court Rules on Exhaustion Issues for Joined Plaintiffs in Lawsuit Against CCA by On October 18, 2010, an Idaho federal court held that prisoners who were subjected to confusing rules and advice from prison officials regarding how to raise grievance issues had adequately exhausted their administrative remedies when they …
Summary Judgment for CCA Reversed in Filthy Jail Conditions Case by David Reutter On April 15, 2011, the Sixth Circuit Court of Appeals reversed a district court’s grant of summary judgment to Corrections Corporation of America (CCA) in a civil rights action alleging Eighth Amendment violations after CCA staff left …
Article • November 15, 2011
Tenth Circuit Bars Prisoner From Filing Claim In Forma Pauperis by The Tenth Circuit Court of Appeals ruled that Michael Lee Strope, also known as Gordon Eugene Strope, a prisoner in the state of Kansas, is barred from filing any further civil action informal pauperis (IFN). Before the court were …
Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies by Michael Brodheim Clarifying “the boundaries of proper exhaustion” within the context of California’s prison system, the Ninth Circuit Court of Appeals held that a prisoner “has no obligation to appeal from a …
Total Exhaustion Rule Not Applicable to § 1983 Claims; 90 Days of Unusually Harsh Conditions States Due Process Claim by Total Exhaustion Rule Not Applicable to § 1983 Claims; 90 Days of Unusually Harsh Conditions States Due Process Claim The Second Circuit Court of Appeals has held the total exhaustion …
Article • September 15, 2011
Eighth Circuit Rules Previous Dismissals Not “Strikes” For Iowa Prisoner by On December 29, 2006, the U.S. Eighth Circuit Court of Appeals held that the dismissal of a prisoner’s previous federal lawsuits could not be counted as “strikes” under 28 U.S.C. § 1915(g) because the prisoner had not yet exhausted …
Names of Prison Staff Not Required In Grievances by Brandon Sample By Brandon Sample New York state prisoners do not have to name prison officials in their grievances in order to exhaust administrative remedies, the U.S. Court of Appeals for the Second Circuit decided February 2, 2009. The court's decision …
Brief • August 24, 2011
Hirschfield v. Vernon Co, WI, Plf Brief Support, attorney fees, 2011 Case: 3:11-cv-00030-wmc Document #: 36 Filed: 08/24/11 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN ________________________________________________________________________ JOE HIRSCHFIELD, Plaintiff, v. Case No.: 11-cv-30-wmc VERNON COUNTY, and EX-DEPUTY RHONDA NAGEL, VERNON COUNTY …
Article • August 15, 2011
Ninth Circuit: California DOC's 15-Day Administrative Appeal Filing-Time-Limit Applies to Initial Instance of Grievance - Not To Ongoing Recurrence by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, following remand from the U.S. Supreme Court, held that a California prisoner had not exhausted his administrative …
Armstrong v. Brown, CA, Order Granting Motion to Compel Attorney Fees, 2011 Case4:94-cv-02307-CW Document1919 1 Filed08/08/11 Page1 of 8 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 No. C 94-2307 CW JOHN ARMSTRONG, et al., 5 ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL COMPENSATION …
Tenth Circuit: Cornell Corrections’ Procedural Defense To Federal Prisoner’s ETS Suit Fails On Inadequate Grievance Recordkeeping by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals reversed the dismissal on summary judgment below and remanded to the U.S. District Court (D. N.Mex.) a pro per federal …
Sundry Claims Board Only Remedy For Maryland Prisoners Injured On Paid Jobs by Matthew Clarke by Matt Clarke A Maryland court of appeals has ruled that Maryland state prisoners injured on paid jobs may only seek compensation through the Sundry Claims Board (SCB). Melvin James Dixon, a former Maryland state …
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