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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 …
Article • January 15, 2009
Eighth Circuit Reverses PLRA Three-Strikes Ruling by On June 6, 2007, the Eighth Circuit Court of Appeals reversed the dismissal of a prisoner’s 42 U.S.C. § 1983 civil rights action because the district court had incorrectly calculated that the prisoner had accumulated three strikes under the PLRA. Frank R. Owens, …
Nebraska Appeals Court: Failure to Exhaust Remedies Jurisdictional Defect by The Nebraska Court of Appeals held in this case that a prisoner's failure to exhaust his administrative remedies deprived the district court of jurisdiction over his civil rights lawsuit. On May 22, 2003, Dukhan Iqraa Jihad Mumin, a Nebraska prisoner, …
Article • December 15, 2008 • from PLN December, 2008
Indiana DOC Policy Banning Group Worship by Odinists Enjoined by John Dannenberg by John E. Dannenberg On June 19, 2008, a U.S. District Court held that the Indiana Department of Corrections (IDOC) failed to meet its burden of proving that a blanket ban on group worship by Odinists was the …
Landmark 1980 California Death Row Federal Consent Decree Partially Terminated Under PLRA by John Dannenberg Landmark 1980 California Death Row Federal Consent Decree Partially Terminated Under PLRA by John E. Dannenberg A landmark 1980 federal consent decree that covers all manner of living conditions for San Quentin State Prison’s death …
Article • December 15, 2008 • from PLN December, 2008
Massachusetts DOC Ordered to Provide Vegan Meals to Buddhist Prisoner by Massachusetts DOC Ordered to Provide Vegan Meals to Buddhist Prisoner On June 11, 2008, following a non-jury trial in an action brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA), a U.S. District Court directed the Commissioner …
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