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Article • May 15, 2011 • from PLN May, 2011
Ninth Circuit Rules PLRA Requires Exhaustion Even if Prison Grievance Process Cannot Provide Monetary Relief by The Ninth Circuit Court of Appeals affirmed the dismissal of a California prisoner’s Eighth Amendment damages claim due to his failure to exhaust administrative remedies. In June 2003, Bruce Alan Morton was assaulted in …
PLRA Does Not Require Exhaustion When Prison Officials Cannot Afford Any Relief "Whatsoever," D.C. Circuit Decides by PLRA Does Not Require Exhaustion When Prison Officials Cannot Afford Any Relief "Whatsoever," D.C. Circuit Decides By Brandon Sample The Prison Litigation Reform Act (PLRA) does not require exhaustion of administrative remedies when …
Prisoner’s Administrative Remedies Do Not Require Naming of Official by The Sixth Circuit Court of Appeals vacated its own affirmation of the dismissal of a prisoner’s civil rights complaint after the Supreme Court found that the circuit’s imposition of the prerequisite to properly exhaust administrative remedies before filing a complaint …
Federal Court Rejects California’s Attempt to Terminate Clark Remedial Plan, Grants $2.3 Million in Attorney’s Fees by Michael Brodheim by Mike Brodheim On August 26, 2010, the U.S. District Court for the Northern District of California issued proposed Findings of Fact and Conclusions of Law after conducting a hearing to …
Article • April 15, 2011
Judge Holds Arizona Grievance Procedures “unavailable” under PLRA. by The Arizona Department of Corrections’ (ADOC) grievance procedures were “unavailable” to a prisoner who could not file within the required ten days due to his hospitalization and traumatic brain damage, U.S. District Judge Frederick J. Martone decided November 22, 2010. The …
Article • March 15, 2011 • from PLN March, 2011
Ninth Circuit Rules Prisoners Not Required to Include Legal Theories in Grievances by The Ninth Circuit Court of Appeals has held that a prisoner need not use legal terminology nor present legal theories when exhausting administrative remedies before filing a civil rights suit. Jermaine Donte Griffin, an Arizona state prisoner …
Article • March 15, 2011
Third Circuit Says Asthma May be Physical Injury by The Third Circuit Court of Appeals vacated a lower court’s dismissal of a federal prisoner’s Federal Tort Claims Act (FTCA) negligence claim for failing to show a sufficient physical injury under the Prison Litigation Reform Act (PLRA). Federal prisoner Mike Perez …
Article • March 15, 2011
Filed under: PLRA, Filing Fees (PLRA)
Criticism of a PLRA IFP Provisions by Judge Issued in Order by A frustrated U.S. District Judge Milton Shadur issued critical comments about the Prison Litigation Reform Acts (PLRA) filing fee assessment/collection procedures on March 16, 2010. The order came in a 42U.S.C. §1983 suit by Maurice Sanders. Sanders was …
Article • January 15, 2011 • from PLN January, 2011
Released Prisoners Need Not Exhaust Grievance Remedies Before Filing Suit by The Ninth Circuit has held that former prisoners need not exhaust administrative remedies before filing suit pursuant to 42 U.S.C. § 1983 to challenge the conditions under which they were once confined. In so ruling, the Ninth Circuit joins …
Article • December 15, 2010 • from PLN December, 2010
U.S. Supreme Court Holds Significant Injury Unnecessary for Excessive Force Claims by Brandon Sample More than de minimis injury is not required to state an excessive force claim, the U.S. Supreme Court unanimously decided on February 22, 2010. In Hudson v. McMillian, 503 U.S. 1 (1992) [PLN, May 1992, p.3], …
Article • December 15, 2010 • from PLN December, 2010
California: Gilmore Injunction Over Prison Libraries Terminated After 38 Years by Four months after adopting regulations setting forth a statewide mandate that “[a]ll inmates, regardless of their classification or housing status, shall be entitled to physical law library access that is sufficient to provide meaningful access to the courts” (Cal. …
Article • October 15, 2010 • from PLN October, 2010
Exhaustion Excused Where Warden Misled Prisoner During Grievance Process by Brandon Sample Failure to exhaust administrative remedies may be excused when prison officials mislead a prisoner during the grievance process, the U.S. Court of Appeals for the Ninth Circuit decided on January 11, 2010. In May 2002, prisoner Gerson Nunez …
Brief • September 1, 2010
Ashman et al v. Marshall et al, MA, MoL Support Plf Mot for Atty Fees, prison conditions 8th Am, 2010 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. SUCV2000-05618-E DENTON ASHMAN, et al., Plaintiffs, v. JOHN MARSHALL, et al., Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF STEPHEN …
Brief • September 1, 2010
Ashman et al v. Marshall et al, MA, MoL Support Plf Mot to Est Entitlement Atty Fees, prison conditions 8th Am, 2010 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. SUCV2000-05618-E DENTON ASHMAN, et al., Plaintiffs, v. JOHN MARSHALL, et al., Defendants MEMORANDUM OF LAW IN SUPPORT OF …
Brief • September 1, 2010
Ashman et al v. Marshall et al, MA, Plf Mot to Est Entitlement Atty Fees, prison conditions 8th Am, 2010 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. SUCV2000-05618-E DENTON ASHMAN, et al., Plaintiffs, v. JOHN MARSHALL, et al., Defendants PLAINTIFFS STEPHEN DOHERTY’S MOTION TO ESTABLISH ENTITELMENT TO …
Brief • September 1, 2010
Ashman et al v. Marshall et al, MA, Reply re Plf Mot to Est Entitlement Atty Fees, prison conditions 8th Am, 2010 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. SUCV2000-05618-E DENTON ASHMAN, et al., Plaintiffs, v. JOHN MARSHALL, et al., Defendants REPLY IN SUPPORT OF PLAINTIFF STEPHEN …
Everything Revolves Around Overcrowding: The State of California’s Prisons by Donald Specter by Donald Specter, Director, Prison Law Office I. Introduction California has the nation’s largest and the world’s third-largest prison system.1 In two separate class action lawsuits, filed a decade apart, California prisoners sued the governor and corrections officials …
Kress et al v. CCA, IN, Order, PLRA Administrative Exhaustion, 2010 Case 1:08-cv-00431-LJM-DML Document 85 Filed 07/02/10 Page 1 of 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ALAN KRESS, BILLY FORD, ERIC STAGGS, TIMOTHY-PATRICK TREACY, RANDY CARR, on their own behalf and on behalf of a …
Illinois: Disabled Detainees’ Discrimination Claims May Proceed to Trial by In a lengthy and well-reasoned opinion and order, U.S. District Court Judge Elaine E. Bucklo, for the Northern District of Illinois, denied cross-motions for summary judgment in a class-action suit brought by paraplegics and partially-disabled pre-trial detainees currently and formerly …
New York Prisoner Gets Mixed Verdict in Retaliatory Beating Ruling by The Second Circuit Court of Appeals delivered a mixed verdict in an appeal by New York state prisoner Cesar A. Espinal. Espinal’s § 1983 suit, which was filed pro se, accused a total of 14 guards and other prison …
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