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Article • April 15, 1999 • from PLN April, 1999
No Appeal Allowed in Louisiana Consent Decree Dissolution by The court of appeals for the Fifth circuit held that it lacked jurisdiction to hear an appeal to a district court ruling that dissolved virtually all consent decrees governing prisons and jails in the state of Louisiana because the plaintiffs did …
No Interlocutory Appeal of Disputed Facts by The Court of Appeals for the Ninth Circuit held that prison officials may not appeal a district court's denial of their motion for summary judgment based on qualified immunity when the denial is due to disputed issues of material fact. Larry Thomas, a …
Article • December 15, 1998 • from PLN December, 1998
Deportation Moots Federal Habeas Appeal by The Court of Appeals for the Seventh Circuit has ruled that deportation, during the appeal from the denial of a petition for a writ of habeas corpus by a state prisoner, moots the appeal. Fabio Diaz, a citizen of the Dominican Republic, was an …
Dismissal for Incompetent Appointed Lawyer Reversed by The court of appeals for the seventh circuit held that district courts should not dismiss cases for want of prosecution where court appointed counsel is plainly incompetent. Lawrence Dunphy, an Illinois state prisoner filed suit claiming prison officials violated his eighth amendment rights …
Article • September 15, 1998 • from PLN September, 1998
Fee Payment Orders Not Immediately Appealable by Fee Payment Orders Not Immediately Appealable: The court of appeals for the Fifth Circuit held that district court orders requiring partial payment of filing fees under the PLRA cannot be appealed prior to the entry of final judgment. Kirk Thompson, a Texas state …
CA ADA/RA Injunction Affirmed by In the September, 1997, issue of PLN we reported Armstrong v. Wilson , 942 F. Supp. 1252 (ND CA 1996) where a federal district court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § …
No Interlocutory Appeals in Decree Terminations by The court of appeals for the Sixth circuit held that it lacks jurisdiction to hear interlocutory appeals in motions to terminate consent decrees. In 1984 the United States sued the state of Michigan over unconstitutional prison conditions. The lawsuit was settled with a …
Article • June 15, 1998 • from PLN June, 1998
Eighth Circuit Issues PLRA IFP Procedures by The court of appeals for the eighth circuit has issued a ruling describing the procedures it and all district courts in that circuit will use to assess and collect filing fees from prisoners who file with In Forma Pauperis (IFP) status. The court …
Article • June 15, 1998 • from PLN June, 1998
Some PLRA Fee Questions Answered by the Seventh Circuit by The court of appeals for the seventh circuit held that once a trial court determines that an appeal is taken in bad faith, a prisoner is disqualified from proceeding in forma pauperis on appeal. Any subsequent appeal, if determined to …
Article • May 15, 1998 • from PLN May, 1998
Filed under: Appeals, Juveniles
Michigan Visiting Restrictions Upheld by In the June, 1996, issue of PLN we reported Bazetta v. McGinnis , 902 F. Supp. 765 (ED MI 1996) which denied a preliminary injunction to Michigan prisoners, and their visitors, challenging prison visiting restrictions. In 1995 the Michigan DOC amended the Michigan Administrative Code …
Fact Dispute Bars Qualified Immunity Appeal by The court of appeals for the fifth circuit held that it lacked jurisdiction to hear an interlocutory appeal on the denial of qualified immunity to prison officials where the lower court denied qualified immunity due to disputed facts. Two Louisiana state prisoners sued …
Article • May 15, 1998 • from PLN May, 1998
Bad Faith Appeals by The court of appeals for the District of Columbia circuit held that 28 U.S.C. § 1915(a)(3) precludes prisoners from appealing without full prepayment of the filing fees if the district court certifies that the appeal is not taken in good faith. The issue was one of …
Article • March 15, 1998 • from PLN March, 1998
Class Action Certification Clarified by The court of appeals for the ninth circuit held that a district court erred when it dismissed as moot a jail detainee's lawsuit challenging conditions on a jail chain gang, before ruling on the plaintiff's motion for class certification. Timothy Wade filed a lawsuit seeking …
Article • February 15, 1998 • from PLN February, 1998
Damages Suit Stayed While Habeas Pursued in Disciplinary Hearing Challenge by As the courts grapple with the question of when prisoners can sue for money damages under 42 U.S.C. § 1983 when challenging disciplinary hearings that result in lost good time and when they must pursue habeas corpus remedies, the …
Fifth Circuit Rules on Appeals to Denials of IFP Status by The court of appeals for the fifth circuit held that prisoners denied In Forma Pauperis (IFP) status in the district courts and whose lawsuit is dismissed as frivolous under 28 U.S.C. § 1915 can appeal that ruling. The court …
Eleventh Circuit Approves and Applies the PLRA by James Quigley By James Quigley The court of appeals for the eleventh circuit held that the provisions of the Prison Litigation Reform Act (PLRA) apply to cases pending prior to its enactment; that the filing fee requirements of the Act do not …
Qualified Immunity in Failure to Protect Claim by James Quigley By James Quigley The court of appeals for the fourth circuit, sitting en banc, held that there is no constitutional violation when unarmed prison guards fail to immediately intervene to protect a prisoner from assault by an armed prisoner; that …
Arizona Holiday Package Decree Modified by In the June, 1997, issue of PLN we reported the lengthy, tortured history of efforts by the Arizona DOC to eliminate holiday packages [On the Edge of Midnight]. The ruling cited in that article, Hook v. State of Arizona, 98 F.3d 1177 (9th Cir. …
Article • November 15, 1997 • from PLN November, 1997
Factual Findings Required in 8th Amendment Suit by The court of appeals for the seventh circuit held that district courts must make clear, specific factual findings when ruling on contested issues relevant to prisoners' constitutional claims. Aaron Isby, an Indiana state prisoner, filed suit claiming his eighth amendment rights were …
Article • October 15, 1997 • from PLN October, 1997
Filing Fee Assessed in Dismissed Appeal by The court of appeals for the fifth circuit held that under the PLRA prisoner litigants remain responsible for appellate filing fees in cases where the appeal is eventually dismissed for lack of jurisdiction. The court held that under 28 U.S.C. § 1915(b)(1) prisoners …
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