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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 …
Article • December 15, 2008 • from PLN December, 2008
Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping by John Dannenberg Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals reversed a summary judgment order in a federal …
Article • December 15, 2008 • from PLN December, 2008
Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals realigned its jurisprudence to comport with the U.S. Supreme Court ruling in Jones v. Bock, 127 S.Ct. 910 (2007) [see: PLN, May 2007, …
Massachusetts Jail Conditions Unconstitutional Says U.S. Department of Justice by Gary Hunter A report released by the U.S. Justice Department (USJD), on May 1, 2008, concluded that conditions in the Worcester County Jail and House of Correction (HOC) in Massachusetts violated the constitutional rights of prisoners in its custody. The …
Article • November 15, 2008 • from PLN November, 2008
Alabama Federal Court Awards $538,178 in Attorney Fees and Expenses for Women Prison Conditions Litigation by Alabama Federal Court Awards $538,178 in Attorney Fees and Expenses for Women Prison Conditions Litigation On August 31, 2007, an Alabama federal court awarded $484,406.35 in attorney fees and $53,771.79 in expenses to prisoners …
Article • November 15, 2008 • from PLN November, 2008
Banning of Newsletter in Wisconsin Prison Violates First Amendment by John Dannenberg Banning of Newsletter in Wisconsin Prison Violates First Amendment by John E. Dannenberg A U.S. District Court has held that a decision by the Wisconsin Dept. of Corrections (WDOC) to ban a prisoner’s receipt of The New Abolitionist, …
$156,289 in Attorney Fees Awarded for Enforcing California Jail Prisoners’ Federal Consent Decrees by John Dannenberg $156,289 in Attorney Fees Awarded for Enforcing California Jail Prisoners’ Federal Consent Decrees by John E. Dannenberg On , August 22, 2007, the U.S. District Court (N.D. Cal.) approved $156,289 in attorney fees and …
BOP Administrative Tort Claims Fail to Satisfy PLRA’s Exhaustion Requirement by BOP Administrative Tort Claims Fail to Satisfy PLRA’s Exhaustion Requirement The Second Circuit Court of Appeals held that a federal prisoner’s administrative tort claims did not satisfy the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA), but …
$204,856 in Attorney’s Fees and Costs Awarded in Nebraska Kosher Diet and Muslim Prayer Case by Brandon Sample $204,856 in Attorney’s Fees and Costs Awarded in Nebraska Kosher Diet and Muslim Prayer Case by Brandon Sample On May 5, 2008, Joseph F. Batallion, Chief Judge of the U.S. District Court …
Segregated Massachusetts Nation of Islam Prisoners Entitled to Halal Menu and Jum’ah Prayers; $237,299.25 in Attorney Fees Awarded by The U.S. District Court for Massachusetts granted declaratory relief to two maximum-security Nation of Islam (NOI) prisoners who had sued for a Halal (Muslim religious dietary) menu and participation in daily …
Failure to Name Defendant in Administrative Appeal Does Not Foreclose Including Him in § 1983 Complaint by The Third Circuit U.S. Court of Appeals ruled that when a defendant in a prisoner’s 42 U.S.C. § 1983 civil rights complaint had participated in the administrative grievance process, but had not been …
Article • October 15, 2008 • from PLN October, 2008
Georgia Inmate Welfare Fund Consent Decree Terminated Under PLRA by Georgia Inmate Welfare Fund Consent Decree Terminated Under PLRA The Eleventh Circuit Court of Appeals has ordered a Georgia federal district court to terminate a permanent plan for charitable donations from the Inmate Welfare Fund at the Glynn County Detention …
Article • October 15, 2008 • from PLN October, 2008
Michigan Federal Court Issues Injunctive Relief for Lifer Parole Hearings by John Dannenberg Michigan Federal Court Issues Injunctive Relief for Lifer Parole Hearings by John E. Dannenberg The U.S. District Court for the Eastern District of Michigan issued a declaratory judgment and remedial injunctive order granting new hearings to non-drug …
Judgment in Florida’s Closed Management Conditions Lawsuit Terminated Under the PLRA by David Reutter Judgment in Florida’s Closed Management Conditions Lawsuit Terminated Under the PLRA by David M. Reutter Nearly seven years after it was entered, a Florida federal district court has terminated a revised offer of judgment that was …
“Special Circumstances” Justify Non-Exhaustion in Second Circuit by The Second Circuit Court of Appeals has excused a New York prisoner’s failure to exhaust available administrative remedies under the Prison Litigation Reform Act (PLRA). The court found that prison officials’ erroneous refusal to investigate a claim, and frustration of administrative review …
Article • August 15, 2008
Grabbing Prisoner’s Buttocks Not Sexual Assault by Several civilian maintenance workers grabbed the plaintiff's buttocks briefly. This conduct did not violate the Eighth Amendment because there is no evidence that the plaintiff suffered anything more than a brief unwanted touch. The plaintiff submits no evidence except his own characterization to …
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