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Article • May 15, 2004 • from PLN May, 2004
appealed. The Eleventh Circuit Court stated a dismissal under 42 U.S.C. § 1997e(e) "applies to lawsuits involving (1) federal civil actions (2) brought by a prisoner (3) for mental and emotional injury (4 ...
and several individual defendants in both their individual and official capacities. After dismissing a Professional Malpractice claim, Ramey pursued (1) a 42 USC § 1983 federal claim, (2) a Georgia law claim ...
) and several CCA employees, the U.S. Tenth Circuit Court of Appeals held the prisoners had not exhausted their administrative remedies as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e ...
precluded summary judgment on a second claim. Mark LaBounty, a New York prisoner, brought action pursuant to 42 U.S.C. § 1983 against prison officials. His first claim alleged that prison officials ...
diet were frivolous. Terry D. Thompson, an OKDOC prisoner serving a 2,000 year sentence at the Oklahoma State Penitentiary (OSP), sued OSP officials under 42 U.S.C. §1983 claiming Eighth Amendment ...
Article • May 15, 2007
letters and photographs was improperly dismissed. Billie Elliott, a DOC prisoner at the Lansing Correctional Facility (LCF) in Lansing, Kansas, sued LCF mailroom officials under 42 U.S.C. §1983 claiming ...
In two similar cases, the Eleventh Circuit U.S. Court of Appeals issued orders remanding prisoner complaints of Georgia?s violations of Title II of the Americans With Disabilities Act (ADA; 42 U.S.C ...
Dismissal for Frivolousness is Basis for Res Judicata by The U.S. Seventh Circuit Court of Appeals held that a 42 U.S.C. § 1983 suit by a civilly-committed person filed against officials ...
prohibits inquiries into the disability of a current employee but allows exceptions if the "inquiry is shown to be job-related and consistent with business necessity," 42 U.S.C. 12112(d)(4)(A). Belinda ...
employee unless the inquiries are "'shown to be job-related and consistent with business necessity."' 42 U.S.C. § 12112(d)(4)(A). The district court issued summary judgment in Fountain's favor ...
Article • May 15, 2007
dismissed the complaint with prejudice under 42 U.S.C. § 1915A holding that (1) Pratts' claims against officials in their official capacity was barred by the Eleventh Amendment; (2) he failed to allege ...
Article • April 17, 2018
violating 42 U.S.C. § 1983, 42 U.S.C. § 1985, and state law. They alleged excessive force, false arrest, false imprisonment, malicious prosecution, governing body liability based on policy, practice ...
Article • May 15, 2011
2007, p.36], which held that failure to exhaust administrative remedies in a prisoner’s 42 U.S.C. § 1983 civil rights action is an affirmative defense. The Tenth Circuit had previously held, in Steele v ...
. Section 1985(2) and 42 U.S.C. Section 1983 conspiracy based upon on the equal protection and due process clauses of the Fourteenth Amendment. According to the decision of the District Court, Judge St. Eve ...
Article • January 15, 2012 • from PLN January, 2012
pursuant to 42 U.S.C. § 1983 that he had been denied a halal diet required by the tenets of his Islamic faith in violation of the First Amendment’s Free Exercise Clause, the Fourteenth Amendment’s Equal ...
Article • September 21, 2015
standard, the court applied Hensley v. Eckerhart and the controlling legislation, 42 U.S.C. §1988, which in pertinent part states: “The purpose of §1988 is to ensure effective access ...
Article • April 2, 2019 • from PLN April, 2019
for a non-violent offense in August 2010 and placed in solitary confinement for several months.  He sued under 42 U.S.C. § 1983 and state tort law, arguing that his nine months in solitary were ...
Article • September 5, 2019 • from PLN September, 2019
’s costs were not recoverable. Rather, he claimed that such expenses were capped at $5,850 under 42 U.S.C. § 1997e(d)(2), by the 150% cap on attorney fees (the total jury award of $3,900 x 1.5 ...
that monitoring prisoners' calls constituted illegal wiretapping since the defendants were not law enforcement personnel. After characterizing Mumin's entire suit as brought under 42 U.S.C. § 1983, the trial court ...
Article • December 15, 2008 • from PLN December, 2008
jurisprudence to comport with the U.S. Supreme Court ruling in Jones v. Bock, 127 S.Ct. 910 (2007) [see: PLN, May 2007, p.36], which held that failure to exhaust administrative remedies in a prisoner’s 42 U.S.C ...
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