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Article • July 15, 2011
No Refund or Waiver of Appellate Filing Fee by Mark Wilson By Mark Wilson In three consolidated cases, the Third Circuit Court of Appeals held that voluntary dismissal of appeals does not result in refunds of the Appellants’ $455 filing fees. The court also held that it has no authority …
Article • July 15, 2011
Seventh Circuit: No Right to Jury Trial in Exhaustion Dispute by Mark Wilson By Mark Wilson The Seventh Circuit Court of Appeals held that a prisoner is not entitled to a jury trial to resolve factual disputes about his exhaustion of administrative remedies. Indiana prisoner Christopher Pavey sued several guards …
Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time by Bob Williams For the second time, the Tenth Circuit has reversed the dismissal of a pro se prisoner’s lawsuit alleging he was denied basic hygiene items when his available money was spent on court-related expenses. Colorado state …
Article • June 15, 2011 • from PLN June, 2011
No Time Limit for Defendants to Raise a PLRA Defense by David Reutter by David M. Reutter On May 17, 2010, the Third Circuit Court of Appeals reversed a district court’s grant of summary judgment to prison officials on the eve of trial, holding it was an abuse of discretion …
Article • May 15, 2011 • from PLN May, 2011
Sixth Circuit Rules on Whether Prisoner Must Name Defendants in Grievance by The Sixth Circuit Court of Appeals held that the Michigan Department of Corrections (DOC) internal grievance policy rule that prisoners name all defendants did not invalidate a prisoner’s grievance for purposes of exhaustion of administrative remedies when prison …
Eleventh Circuit Finds Disabled Prisoner in Imminent Danger for Filing Fee Purposes by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has vacated a Georgia federal district court’s injunction that prohibited a prisoner from submitting future filings, and reversed the lower court’s dismissal of the prisoner’s …
Article • May 15, 2011
Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John Dannenberg Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals realigned its jurisprudence to comport with the U.S. Supreme Court …
Article • May 15, 2011
Dismissal for Failure to Exhaust Reversed by On October 21, 2009, the Court of Appeals of Tennessee vacated a trial court’s dismissal of a prisoner’s suit for failure to exhaust administrative remedies. Gregory Potter sought 42 U.S.C. §1983 relief for an access to courts violation. Potter did not name the …
Article • May 15, 2011
PLRA Does Not Preempt State Exhaustion Statutes by Brandon Sample By: Brandon Sample The Prison Litigation Reform Act (PLRA) exhaustion of administrative remedies requirements do not preempt Tennessee’s more generous exhaustion statute, The Court of Appeals of Tennessee decided February 11, 2002. PLRA requires prisoners to properly exhaust their administrative …
Article • May 15, 2011
Tenth Circuit: Grievance Restrictions Don't Excuse Failure to Exhaust by On June 23, 2010, the Tenth Circuit court of appeals held that the fact that a prisoner was placed on grievance restriction did not excuse his failure to exhaust administrative remedies when he failed to avail himself of the restricted …
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], …
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