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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 …
Eleventh Circuit Finds Administrative Remedies Unavailable When Prison Official Threatens Retaliation by The Eleventh Circuit Court of Appeals has held that a prison official’s threat to retaliate against a prisoner for use of the institutional grievance procedure made the prisoner’s administrative remedies unavailable. The appellate ruling came in a civil …
Exposure to Freezing Cold More than De Minimis in Texas Retaliation Case by The Fifth Circuit Court of Appeals held that a district court had erred when it dismissed a prisoner’s retaliation-based civil rights suit as de minimis when the prisoner’s alleged injury was exposure to freezing cold for four-and-a-half …
Unprovoked Texas Cattle Prod Shocking More Than De Minimis Injury, Case Settles for $20,000 by Matthew Clarke by Matt Clarke On September 5, 2007, the Fifth Circuit Court of Appeals held that a guard who used a cattle prod to shock a prisoner without any provocation caused more than a …
Hadix Litigation Winding Down by David Reutter by David M. Reutter After nearly thirty years, a class-action lawsuit challenging conditions of confinement at the State Prison of Southern Michigan-Center Complex is on the cusp of ending. The end is in sight not because prison officials have fully complied with a …
District Court May Order Martinez Report, Ninth Circuit Holds by A federal district court has the discretion to order the preparation of a Martinez report, the U.S. Court of Appeals for the Ninth Circuit decide. Robert Tuzon, an Arizona prisoner, sued various state prison officials alleging that (1) staff had …
Fifth Circuit Reinstates Texas Prisoner’s Failure-to-Protect Suit by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals reversed in part a district court’s dismissal of a prisoner’s failure-to-protect suit, though the case lost at trial after remand. Ernesto R. Hinojosa, Sr., a Texas state prisoner, was housed in …
Article • January 15, 2010
Seventh Circuit Reverses Dismissal Of Medical Care Claims by The U.S. Court of Appeals for the Seventh Circuit has reversed the dismissal of a prisoner’s 42 U.S.C. § 1983 action claiming deliberately indifferent medical care. Vantice Beshears alleged that while incarcerated at the Champaign County Jail, medical staff prescribed and …
Experts Designated and Defendants Ordered to Give Plaintiffs' Attorneys Access to Jails and Records in Maricopa County Jail Medical Suit by On January 28, 2009, a Phoenix federal judge appointed experts to evaluate medical and mental health care in the Maricopa County, Arizona jails, and assist in developing a remedial …
Article • December 15, 2009
Imprisoning Rights: The Failure of Negotiated Governance in the Prison Inmate Grievance Process by Van Swearingen by Van Swearingen* Introduction Prisons are not meant to be particularly hospitable places; punishment as a goal of imprisonment implies a certain level of discomfort. Since the establishment of punishment by incarceration, prison conditions …
Article • December 15, 2009
Filed under: PLRA, Attorney Fees (PLRA)
PLRA Caps Attorney's Fees at 150 Percent of Judgment by After winning a $3,300 judgment, plus attorney's fees and costs, Morris Broussard, represented by attorney Timothy Borne Garrigan, filed a motion requesting a new trial pursuant to Rule 59(a) of the Federal Rules of civil Procedure. Plaintiff asserted that the …
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