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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 …
DC Circuit Reverses CCA/TransCor Non-Exhaustion Dismissal by The U.S. Court of Appeals for the District of Columbia (DC) Circuit reversed a district court’s dismissal of a prisoner’s lawsuit for failure to exhaust administrative remedies and for conceding summary judgment by failing to respond to the defendants’ summary judgment motion. The …
Reversal of Summary Judgment on 55-Day New York SHU Placement Claim by The Second Circuit Court of Appeals has reversed the grant of summary judgment to a prison hearings officer in a lawsuit concerning a prisoner’s improper placement in administrative segregation. On January 3, 2001, New York state prisoner Samuel …
Virginia Jail Prisoner Awarded $7,500 after Being Beaten By Guards by On September 3, 2009, U.S. District Judge Richard L. Williams entered judgment in favor of a Virginia prisoner who was beaten by guards. In all, the prisoner was awarded $7,500. On September 20, 2005, there was a disturbance at …
CA Prisoner Erroneously Validated as Prison Gang Member; Clears His Name, Has Records Expunged, $1.04 Million in Fees Awarded by Michael Brodheim On September 30, 2009, more than 16 years after being incorrectly “validated” as an associate of a violent California prison gang, and after having spent eight years in …
Missouri Jail Prisoner Awarded $5,000 in Failure to Protect Case by On September 3, 2009, a federal jury returned a $5,000 verdict in favor of a prisoner who alleged that staff failed to protect him from attack. While incarcerated at the St. Louis City Justice Center, Harold Dykes was attacked …
Article • May 15, 2010 • from PLN May, 2010
Filed under: PLRA, Attorney Fees (PLRA)
PLRA Attorney Fee Caps Constitutional, Third Circuit Decides by The provisions of the Prison Litigation Reform Act (PLRA) that cap attorney fees do not violate equal protection, the U.S. Court of Appeals for the Third Circuit decided on May 28, 2009. Pennsylvania prisoner Glenndol Parker sued prison guard Joseph Conway …
Arkansas Prisoner Awarded $1 a Day Plus Costs for Unconstitutional Lockdown by On June 19, 2006, the U.S. District Court for the Western District of Arkansas awarded $182 to a Benton County prisoner who spent 6 months in disciplinary segregation without a hearing or periodic reviews. Plaintiff Phetpinthong Senesackda claimed …
1979 Jail Consent Decree Largely Gutted by PLRA; Reversed on Appeal by Mark Wilson On October 7, 2008, a federal court in New York terminated large portions of a sweeping 1979 consent decree related to conditions at 14 New York City jails. However, the Second Circuit Court of Appeals reversed …
California Prison Officials Settle Deliberate Indifference Suit for $12,000 by Michael Brodheim Following mediation in July 2008, Peter Cockcroft, proceeding pro se, agreed to a $12,000 settlement of his § 1983 suit for damages alleging Eighth Amendment violations that transpired between March 2004 and January 2006, when he was a …
Jury Awards $80,001 to New Hampshire Prisoner for Guard Beating by On September 18, 2009, a federal jury awarded a New Hampshire state prisoner $80,000 in punitive damages for a violation of his Eighth Amendment rights, plus $1 in nominal damages. While incarcerated at the New Hampshire State Prison for …
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