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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 …
Pennsylvania Prisoner’s $185,000 Jury Award Reduced to $75,005 by Matthew Clarke by Matt Clarke On June 7, 2011, a Pennsylvania federal judge issued an order reducing a prisoner’s jury award for destruction of legal materials to $75,005. The award had previously been reduced from $185,000 to $115,000. Andre Jacobs, a …
California: Federal Court Grants Increased Attorney Fee Rates in Armstrong Disability Case by On August 8, 2011, a California federal district court approved an increase in the hourly rates for the plaintiffs’ attorneys due to additional experience the attorneys had accrued since the beginning of the litigation. The court had …
Florida Court Permits Female Prisoner's Lawsuit for Forced Sex with Guard to Go Forward by Derek Gilna By Derek Gilna A Florida District Court has permitted parts of a lawsuit by a female prisoner for being forced into sex by a male prison guard to go forward, finding that questions …
Tennessee CCA Warden Fails to Prove Non-Exhaustion in Prisoner’s Excessive Force and Retaliation Suit by A Tennessee federal court denied prison officials summary judgment for non-exhaustion under the Prison Litigation Reform Act, finding that they failed to satisfy their burden of proving non-exhaustion. James Ingram was a prisoner at the …
Article • May 15, 2012
Second Circuit Dismisses New York Prisoner's § 1983 Action for Deliberate Indifference to Diabetic Diet by Second Circuit Dismisses New York Prisoner's § 1983 Action for Deliberate Indifference to Diabetic Diet The Second Circuit Court of Appeals has dismissed a § 1983 claim by prisoner Steve Collazo, who had alleged …
Second Circuit Rules No Property Interest in Prison Industries Job, Joining Third, Fifth and Seventh Circuits by In an unpublished opinion, the Second Circuit Court of Appeals held that federal prisoners do not have a protected property interest in a UNICOR job assignment. The court also affirmed the dismissal for …
State-by-State Prisoner Rape and Sexual Abuse Round-Up by Matthew Clarke by Matt Clarke and Alex Friedmann In 2006, Prison Legal News published a cover story, Guards Rape of Prisoners Rampant, No Solution in Sight, that presented a compilation of news reports concerning the rape and sexual abuse of prisoners by …
Brief • March 30, 2012
Martin v. DOC, OR, Judgment, attorney fees, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA GERALD KEEHN, Plaintiff, vs. CIO LUCAS, ELSTNER, CIO CHIPIKITIS, CIO Defendants. } } } } No. 09-16 } } Magistrate Judge Kelly } } } } } } Electronically Filed. …
Brief • February 17, 2012
Filed under: Attorney Fees (PLRA)
Floyd et al. City of New York et al, NY, Def ISO of Daubert Motion, PLRA attorney fee awards, 2012 Case 1:08-cv-01034-SAS -HBP Document 191 Filed 02/17/12 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------- x DAVID FLOYD, et al., Plaintiffs, -againstTHE CITY OF …
Article • February 15, 2012
Ninth Circuit: Prevailing Civil Rights Defendant Entitled to Recover Attorney Fees Only with Respect to Work Attributable Exclusively to Frivolous Claims by A divided Ninth Circuit panel has held that, in a civil rights action with multiple claims, only some of which are groundless, a prevailing defendant is entitled to …
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 …
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