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Ruiz Attorney Fees Approved; State Fees Cap Invalid by Following a successful civil rights suit in which conditions in Texas prisons were declared unconstitutional and extensive remedial relief ordered via consent decree, the plaintiffs moved for attorneys' fees and costs under 42 U.S.C. § 1988. The court stayed the award …
Article • May 15, 2007
Fifth Circuit Refuses to Hear Appeal of Attorneys' Fees Order by The Fifth Circuit court of appeals held that the defendants in a class-action suit by Texas prisoners could not maintain an interlocutory appeal of the district court's award of attorneys' fees for obtaining and enforcing orders issued by the …
Article • May 15, 2007
Sanctions Ordered Against Michigan Prison by For failing to comply with district court orders to implement vocational programs, the District Court, E.D. Michigan, S.D., ordered contempt sanctions against Michigan prison officials. See: Glover v. Johnson, 9 F.Supp. 799 (ED MI 1998).
Article • May 15, 2007
Filed under: PLRA, Injunctions (PLRA)
Fifth Circuit Refuses to Order Court to Rule on Ruiz Termination by The defendants in the class action suit which lead to sweeping reforms in the Texas prison system filed a motion to terminate prospective relief a month before the PLRA was enacted. The district court responded by allowing the …
Article • May 15, 2007
Filed under: PLRA, Injunctions (PLRA)
Fifth Circuit Holds PLRA Automatic Stay Provision Constitutional by Texas prison officials filed a motion to terminate prospective relief under the PLRA. The district court ruled the automatic stay provision of the PLRA was unconstitutional and denied a subsequent motion for reconsideration by the U.S. as an intervenor. Prison officials …
Article • May 15, 2007
Prison Officials' Request for Stay Denied by The District Court, E.D. Michigan, S.D., denied a stay of relief to Michigan prison officials in a 20-year old class action suit. The defendants filed for relief under the Prison Litigation Reform Act (PLRA) seeking termination of previous court orders to provided educational …
Damage Judgment Against Indiana Warden Vacated by The Seventh Circuit Court of Appeals vacated a damage judgment against an Indiana State Prison Warden in his official capacity. The Indiana Northern District Court's decision to award damages against the State violated the Eleventh Amendment and must be reversed. The case was …
Article • May 15, 2007
Relief Ordered For Overcrowded D.C. Prison by The United State District Court, District of Columbia, in response to a D.C. Occoquon Prison Facility, of the Lorton Correctional Complex, prisoner's claims that overcrowding and systemically deficient conditions at state medium security institutions constituted cruel and unusual punishment in violation of Eighth …
Article • May 15, 2007
Aryan Brotherhood Prison Killing Appeals by The Aryan Brotherhood (AB) is a small criminal organization based mainly in the California and federal prison systems. A series of four cases involving the criminal convictions of various AB members for prison murders, several in the control unit of the federal penitentiary in …
Article • May 15, 2007
Educational Administrator Appointment Ordered in Michigan Discrimination Case by The District Court, E.D. Michigan, S.D., held that the Michigan Department of Corrections failed to comply with court order requiring the appointment of an educational administrator to bring female prisoners' education programs to parity with male counterparts. The court ordered (1) …
Article • May 15, 2007
Education Administrator Appointment Vacated and Remanded by Education Administrator Appointment Vacated And Remanded The Sixth Circuit Court of Appeals vacated the order of the E.D. Michigan, S.D., District Court appointing an educational administrator for the female prisoners who sought to have educational parity with the male prisoners. The court held …
Article • May 15, 2007
Court Orders Appointment of Education Administrator in Michigan Discrimination Case by The District Court, E.D. Michigan, S.D., appointed an education administrator after the Michigan Department of Corrections failed to hire one on their own. The court ordered the defendants to pay the administrator $1,000/40-hour week to implement educational programs for …
Article • May 15, 2007
Government Officials Entitled to Qualified Immunity by The U.S. Supreme Court held that government officials are entitled to a defense of qualified or good-faith" immunity. A. Ernest Fitzgerald filed a civil damages suit in the District of Columbia Federal District Court arguing that he was unlawfully discharged from employment with …
Article • May 15, 2007
Florida Reporter Criminally Charged for Receiving Written Communication from Prisoner by Florida Reporter Criminally Charged for Receiving Written Communication from Prisoner Florida's First District Court of Appeals held that a state statute that prohibits a news media reporter from receiving a written communication during a prison visit interview of a …
Article • May 15, 2007
FOIA Fee Waiver Provision Discussed by The D.C. Circuit Court of Appeals held that a non-profit organization demonstrated with reasonable specificity that disclosure of information it requested under the Freedom of Information Act (FOIA) was in the public interest and that it was eligible for a fee waiver. Two non-profit …
Article • May 15, 2007
Guards Not Liable For Deadly Force to Quell Riot by An Oregon federal district court held that prison officials are not liable for action they took to quell a disturbance that resulted in injury to the plaintiff, who was a non-participant in the disturbance. This action, filed by a prisoner …
Article • May 15, 2007
Heck Rule Fails to Prevent Parolee From Filing Under § 1983 by Heck Rule Fails to Prevent Parolee From Filing Under § 1983 The Northern District Court of Illinois determined that the Heck rule does not prevent a state parolee from proceeding with a civil action under 42 U.S.C. § …
Article • May 15, 2007
Highest Texas Court Rules Actual Innocence Trumps Guilty Plea by The Texas Court of Criminal Appeals (TCCA) has held that newly discovered, unquestionable evidence of a prisoner's actual innocence may be raised on state habeas corpus even though the prisoner pleaded guilty. Wesley Ronald Tuley, a Texas state prisoner, filed …
Article • May 15, 2007
Filed under: Family, Family Law
Idaho: Imprisonment Warrants Suspension of Child Support Payments by The Court of Appeals of Idaho held that a prisoner's motion to modify child support should have been heard even though he was in contempt, and that he was not responsible for payments while he was imprisoned. Randy Nab, an Idaho …
Article • May 15, 2007
Idaho: Prison Regulation Provided Fair Notice of Prohibited Behavior by The Court of Appeals of Idaho held that a prison regulation prohibiting a prisoner from being in an unauthorized area gave fair notice that the prisoner's conduct was prohibited. Idaho state prisoner Gregory Nelson was charged with violating a prison …
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