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Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims by On March 19, 2024, the Court of Appeals of Washington, Division II, held that a state prisoner’s tort claims are not barred in state court even if federal claims arising from …
Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial by On January 31, 2024, the U.S. Court of Appeals for the Fifth Circuit held that a Texas prisoner’s uncorroborated declaration outlining steps he took to exhaust administrative remedies through the state Department of Criminal Justice …
Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health by Douglas Ankney by Douglas Ankney   On April 2, 2024, the U.S. District Court for the Southern District of Illinois denied relief to Wexford Health Sources, Inc., the private healthcare contractor for the state Department of Corrections …
Article • May 1, 2024 • from PLN May, 2024
Ninth Circuit Refunds Filing Fee to “Struck-Out” California Prisoner Denied Indigent Status Under PLRA by Matthew Clarke by Matt Clarke On October 11, 2023, the U.S. Court of Appeals for the Ninth Circuit determined it was illegal to collect court filing fees from a prisoner denied indigent status to proceed …
“Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit by Matthew Clarke by Matt Clarke On January 12, 2024, the federal court for the Western District of Texas refused a motion by Williamson County Correctional Facility (WCCF) …
Article • April 1, 2024 • from PLN April, 2024
Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone” by by David M. Reutter In an en banc ruling on February 1, 2023, the full U.S. Court of Appeals for the Eleventh Circuit held that a Georgia prisoner’s case dismissed for failure to exhaust administrative remedies might amount …
Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day by In a remarkable series of rulings on August 15, 2023, U.S. District Court Judge Robert L. Miller, Jr. granted summary judgment in favor of 22 Indiana state prisoners who had filed separate lawsuits …
Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard by David Reutter by David M. Reutter On August 14, 2023, the U.S. District Court for the Middle District of Florida awarded a permanent injunction to state prisoner Owen D. Denson, a Muslim known as Abdul Hakeen Jahmal Naseer Shabazz, …
Sixth Circuit Revives Suit by Pregnant Mentally Ill Michigan Detainee Allegedly Kicked in Her Womb by Jail Guard, Losing Baby by On July 17, 2023, the U.S. Court of Appeals for the Sixth Circuit deemed testimony by a pregnant mentally ill detainee no less credible than that of her Michigan …
Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement by On July 17, 2023, the U.S. Court of Appeals for the Second Circuit reversed a lower court’s dismissal of a prisoner’s suit filed in connection with the fire at Sing Sing Correctional Facility …
Misadventures in Mail Censorship by Robert Schaeffer by K. Robert Schaeffer How an incarcerated writer is fighting a sad new normal of censorship and mail obstruction in Pennsylvania prisons This essay originally appeared in Inquest on October 19, 2023. The original can be found at https://inquest.org/misadventures-in-mail-censorship/ From August into September …
$10,000 Verdict for Fired Guard’s Failure to Protect Louisiana Prisoner From Stabbing by David Reutter by David M. Reutter The federal court for the Middle District of Louisiana found on July 18, 2023, that a guard at Elayn Hunt Correctional Center (EHCC) violated a prisoner’s Eighth Amendment rights by failing …
Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement by David Reutter by David M. Reutter On July 31, 2023, the U.S. Court of Appeals for the Eleventh Circuit rejected an argument by the Florida Department of Corrections (DOC) that a state prisoner’s suit should be …
Eighth Circuit Says Arkansas Prisoner’s Medical Incapacity May Excuse PLRA Exhaustion Failure by As often reported in PLN, the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, imposes numerous requirements on incarcerated litigants—including exhaustion of administrative remedies before filing a lawsuit, by first filing a grievance and seeing it completely …
Nevada Prisoner Wins Injunction Requiring DOC to Provide Exercise Despite Guard Shortage by by Matt Clarke On June 6, 2023, Judge Cristina D. Silva of the federal court for the District of Nevada renewed a preliminary injunction she issued on March 3, 2023, ordering state prison officials to provide prisoner …
Hear Us Now? Hearing Impaired Tennessee Prisoners Secure Injunction by Under the Americans with Disabilities Act (ADA), 42 U.S.C. ch.126 § 12101 et seq., and the Rehabilitation Act, 29 U.S.C. § 701 et seq., prisoners who are deaf or hard of hearing are entitled to reasonable accommodations so they can communicate and …
Article • October 15, 2023 • from PLN October, 2023
Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question by Mark Wilson By Mark Wilson On December 27, 2022, the U.S. Court of Appeals for the Fourth Circuit vacated summary judgment issued against a North Carolina prisoner for failing to exhaust his administrative remedies, as …
Article • August 15, 2023 • from PLN August, 2023
Seventh Circuit: Cook County Jail Grievance Procedure An “Incomprehensible Trap” by Douglas Ankney by Douglas Ankney On March 16, 2023, the U.S. Court of Appeals for the Seventh Circuit ruled that the grievance procedure in Chicago’s Cook County Jail is an “incomprehensible trap,” making it effectively unavailable to a detainee …
Article • July 15, 2023 • from PLN July, 2023
Filed under: Failure to Treat, PLRA
Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus by David Reutter by David M. Reutter The U.S. Court of Appeals for the Tenth Circuit, in a mixed ruling issued on January 11, 2023, found a prisoner’s allegations satisfied the physical injury requirement of the Prison Litigation Reform …
Article • March 1, 2023 • from PLN March, 2023
Filed under: PLRA, Detainers
After Eleventh Circuit Says ICE Detainee Is Not “Prisoner” Subject to PLRA, He Goes Missing from Georgia by David Reutter by David M. Reutter On September 29, 2022, the U.S. Court of Appeals for the Eleventh Circuit held that a civil detainee in custody of federal Immigration and Customs Enforcement …
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