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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 …
Protective Custody Injunction Available Remedy Absent Injury by The plaintiff alleged that he was in danger from a gang he had left and that, although he is currently in protective custody, he had been repeatedly placed in general population. He sought damages and an injunction against transfer to general population. …
Article • August 15, 2008
Plaintiff Barred “For Life” from Filing Lawsuits Without Court Permission by The plaintiff has filed 34 federal civil lawsuits, 17 of which have been dismissed as frivolous; two are proceeding to trial; others have been dismissed for failure to prosecute or to comply with court orders. This lawsuit largely repeats …
Challenge to Nebraska Work Release Fees Dismissed by The plaintiff was placed on work release; he was required to sign a statement acknowledging that room and board would be deducted from his inmate account, and $2,790 was removed from his account. Due process was not denied. The program was voluntary, …
Article • August 15, 2008
Challenge to BOP Writer Byline Rule “As Applied” Dismissed by A Colorado Federal District Court has refused to reinstate “as applied claims” in a lawsuit challenging the Bureau of Prisons (BOP) byline/reported prohibition or dismiss the remaining racial claim to 28 C.F.R. §540.20(h). In response to that lawsuit, BOP altered …
Retaliation for Frivolous Litigation Okay by The plaintiff had three prior dismissals, disqualifying him from IFP status. The court directs that he pay the entire filing fee even though his complaint is dismissed as frivolous and IFP status is denied. An allegation of confinement to segregation or deprivation of minor …
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