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California Juvenile Parolees Entitled to Two-Step Revocation Process; Case Settles by John Dannenberg California Juvenile Parolees Entitled to Two-Step Revocation Process; Case Settles by John E. Dannenberg The U.S. District Court for the Eastern District of California has held that the rights of California juvenile parolees were violated by the …
Missouri Prisoner Wins $25,000 in Police Excessive Force Case; Attorney Fees Limited to $37,500 by PLRA by Missouri Prisoner Wins $25,000 in Police Excessive Force Case; Attorney Fees Limited to $37,500 by PLRA The U.S. District Court for the Eastern District of Missouri, following the Prison Litigation Reform Act (PLRA), …
Publication • April 9, 2009
NY DOC - Inmate Grievance Program and Revisions STATE OF NEW YORK TITLE REVISION NOTICE ( NO 4040 DEPARTMENT OF CORRECTIONAL SERVICES Inmate Grievance Program DATE REVISES DIR# 4040 Dtd. 07/12/2006 04/09/2009 REFERENCES (Include but are not limited to) Correction Law, Section 139 9 NYCRR Part 7695 Added new material …
Federal Three-Judge Panel Issues Tentative Ruling To Reduce California’s Prison Population By Up To 57,000 In Three Years by John Dannenberg Federal Three-Judge Panel Issues Tentative Ruling To Reduce California’s Prison Population By Up To 57,000 In Three Years by John E. Dannenberg In a tentative ruling issued February 9, …
Separate and Unequal Justice for Prisoners by David C Fathi By David C. Fathi S.Z., a resident in a juvenile detention facility, was raped and repeatedly beaten by other detainees over a period of months. Some staff encouraged the beatings and would arrange fights between detainees. But when S.Z. filed …
Federal "Relation Back" Doctrine Intended To Expand, Not Limit, Prisoners' Rights by New Jersey State prison officials, guards and riot team personnel (defendants) moved for summary judgment dismissal of an amended 42 U.S.C. § 1983 complaint following a 30 day lockdown at the Bayside Prison. The amendment allowed an already …
Officials Agree To Cap Population at D.C. Jail by Michael Rigby After decades of fighting lawsuits, skirting court orders, and defying legislative decrees, the District of Columbia Mayor’s Office has finally agreed to a definitive population cap at the notoriously overcrowded and dangerous D.C. Jail. Under the terms of the …
Article • February 15, 2009 • from PLN February, 2009
Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury by Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury For the first time in a published opinion, the Fifth Circuit U.S. Court of Appeals has held that a prisoner pursuing a civil rights action …
Alaskan Prisoner in Arizona Can Enforce CCA Contract by The Supreme Court of Alaska held that state prisoners incarcerated at a private prison in Arizona can enforce portions of the contract between the Alaska Department of Corrections (DOC) and Corrections Corporation of America (CCA) that incorporate provisions of Smith v. …
More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case by More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case Three prisoners involved in two federal civil rights lawsuits against officials of the Hillsborough County House of Corrections in New Hampshire (the jail) were awarded …
Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations by Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations The Ninth Circuit U.S. Court of Appeals has held that evidence of ongoing American with Disabilities Act (ADA) violations …
PLRA Requires Grievance Exhaustion for ADA/RA Claims by The Ninth Circuit Court of Appeals has joined the Sixth Circuit in holding that the Prison Litigation Reform Act (PLRA) requires exhaustion of Americans with Disabilities Act (ADA) and Rehabilitation Act (RA) claims. Nevada prisoner Roy O’Guinn had a history of mental …
Prisoner's Action Dismissed For Non Exhaustion; Remanded To Ascertain Officials' Interference by Bob Williams By: Bob Williams Leavenworth (Kansas) federal pro se prisoner Jose Aquilar-Avellaveda appealed the dismissal of his Bivens complaint against prison officials for legal material confiscation and disposal, restrictive segregation and sleep deprivation. The dismissal for non-exhaustion …
§ 1983 & Bivens Procedural Defaults Under § 1915 Must State Specificity For Dismissal by Bob Williams By: Bob Williams District of Columbia (Washington) prisoners Michael and Charles Thompson individually motioned for leave to proceed in forma pauperis (IFP) to appeal their 42 U.S.C. § 1983 dismissals. The government argued …
Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below by Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held …
Article • January 15, 2009
Dismissal with Prejudice Improper for Partially Exhausted Prisoner Civil Rights Complaint by On April 7, 2005, the Tenth Circuit Court of Appeals reversed a District Court decision dismissing Colorado State prisoner James Ralph Dawson, Jr.'s civil rights complaint with prejudice for failing to exhaust administrative remedies on multiple claims. In …
§1915 "Three Strikes" Rule Precluding In Forma Pauperis Filing Not Unconstitutional by New York State pro se prisoner Wilfredo Polanco petitioned for leave to proceed in form pauperis (IFP) and for appointment of counsel to appeal the denial of IFP status in a lawsuit against the state's Department of Correctional …
Administrative Exhaustion “Yardstick” Under PLRA is Prison Grievance Procedures by by David Reutter The Third Circuit U.S. Court of Appeals has held in an unpublished ruling that the determination as to whether a prisoner has “properly” exhausted a claim is based on an evaluation of the prisoner’s compliance with institutional …
Medical Contractors Are Not State Employees Under Nebraska Law by The Eighth Circuit Court of Appeals has held that a contract medical service provider is not a state employee under Nebraska law; thus, a prisoner is not required to exhaust administrative remedies under the Nebraska State Tort Claims Act (NSTCA) …
Sixth Circuit: Second Filing Fee Not Required for Re-Filed Complaint Due to Failure to Exhaust by The Sixth Circuit Court of Appeals has reversed a Tennessee district court’s order of dismissal that erroneously considered a prison grievance procedure to be an available remedy for a prisoner’s classification-related complaint. The appellate …
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