Skip navigation

Search

1234 results
Page 21 of 62. « Previous | 1 2 3 4 ... 17 18 19 20 21 22 23 24 25 ... 58 59 60 61 62 | Next »

Article • August 15, 2008
PLRA Failure to State Claim Dismissals Reviewed De Novo by Dismissals under the PLRA for failure to state a claim are governed by the same de novo review standard as is used under Rule 12(b)(6), Fed.R.Civ.P. The plaintiff alleged that the defendants refused to approve his payment of a court-ordered …
Prosecutor Immune from Suit Where Charges Dropped on Appeal by The plaintiff was prosecuted and convicted of assault on a staff member and sentenced to an additional eight months in jail; on appeal the charges were dropped. The plaintiff sued the prosecutor and those who brought the charges. The prosecutor …
Article • August 15, 2008
BOP Suit Dismissed for Non Exhaustion by A federal prisoner's damage claim is dismissed under Alexander v Hawk He failed to comply with a rule requiring that the BP-9 form be attached to the BP-10 form on appeal, even though given a second opportunity to comply with the rule At …
Article • August 15, 2008
Administrative Exhaustion Required in Suits for Damages by The PLRA exhaustion requirement extends to damage cases even when the administrative remedies don't provide damages The court resorts to the dictionary for definitions both of "available" and of "remedy"; the latter is defined as "to rectify," to "put right," or as …
Article • August 15, 2008
Non Payment of Filing Fees Can Justify Ban on New Litigation by A "serial litigator" who hasn't paid his past filing fees because he spends his money as fast as he gets it could be prohibited from bringing additional actions until he pays all the back fees. The court does …
Article • August 15, 2008
Denial of HIV Medications Claim Dismissed for Failure to Exhaust by The plaintiff complained of an interruption of his HIV medications at a county jail where he spent five days He did not utilize administrative remedies there At 1166: "An inmate must allege and show that he has exhausted all …
Article • August 15, 2008
Fee Award Against Frivolous Prisoner Litigant Reduced by The court had awarded fees of almost $2900 against the plaintiff after ruling against him on the merits of his claims. The Fourth Circuit reversed and held that the 12 factors listed in Johnson v. Georgia Highway Express must be applied. The …
Claim Exhausted When Prison Rules in Favor of Prisoner by The plaintiff complained of improper discipline and retaliatory reclassification and transfer At 506: "The violation of a constitutionally protected right is a sufficient injury for purposes of standing." The defendants had argued that the plaintiff lacked standing because he didn't …
Article • August 15, 2008
PLRA “Three Strikes” Rule Not Ex Post Facto by The PLRA three strikes provision does not violate the prohibition against Ex Post Facto laws (citing prior decision in Rivera v Allin) At 1193: The existence of "imminent danger of serious physical injury" is not to be assessed as of the …
Article • August 15, 2008
PLRA Filing Fees Assessed on Dismissed Appeals by Dismissal of an appeal for untimely filing of a notice of appeal does not release the prisoner from the obligation to pay the appellate filing fee in full. There is no authority for waiver or reduction of the fee. At 596: "The …
Beating Claims Must Be Exhausted by The PLRA exhaustion requirement applies to use of force claims The plain meaning of "prison conditions" encompasses such claims ("conditions" defined as "restricting, limiting, or modifying circumstances") However, some courts think there is an ambiguity, so the court looks to Congressional intent In § …
Article • August 15, 2008
All Plaintiffs Must Sign Motion to Amend Complaint by A prisoner may be denied leave to amend a complaint before responsive pleadings are filed where co-plaintiffs have not joined in the motion. The plaintiff said that he relied on an order by the district court barring the other plaintiffs from …
Article • August 15, 2008
Federal Prisoner's Multiple Dismissals for Failure to Prosecute / Respond Not Strikes under PLRA by James A. Butler, a federal prisoner, moved to proceed in forma pauperis (IFP) in federal district court in a civil action. Since he had had over 15 previous federal actions in which he was proceeding …
Article • August 15, 2008
IL Prisoner Refuses to Pursue Futile Grievance Procedure, Still Satisfies Exhaustion Requirement by Nedrick J. Hardy, an Illinois state prisoner, claimed he was denied medical attention for a broken hand for several months. He filed numerous grievances which prison staff ignored. After several months he filed suit in federal district …
Jury Must Determine Whether Prisoner’s Failure to Exhaust Administrative Remedies was Based on Threats / Retaliation by by David M. Reutter The Seventh Circuit Court of Appeals has held that when there are material facts in dispute about whether prison officials threatened or intimidated a prisoner into not exhausting administrative …
PLRA Applies to Immigration Detainee’s Conditions Suit by The plaintiff is an INS detainee. The court says that his failure to exhaust administrative remedies pursuant to the PLRA is sufficient reason to dismiss, contrary to other courts that have held immigration detainees not to be prisoners under the PLRA. The …
Article • August 15, 2008
D.C. Circuit Reverses Res Judicata Dismissal; Failure to Treat HCV Constitutes “Imminent Danger” by The United States Court of Appeals for the D.C. Circuit reversed a lower court’s dismissal of a pro se prisoner’s suit, on res judicata grounds. The court also granted the prisoner leave to appeal in forma …
Article • August 15, 2008
PLRA Three Strikes Law Constitutional by The plaintiff is barred by the three strikes provision, which is not unconstitutional, holds the court in an insubstantial opinion. See: Demos v. John Doe/Manufacturers/Skoal/Copenhagen Pipe & Tobacco, 118 F.Supp.2d 172, 2000 U.S. Dist. LEXIS 16287
Article • August 15, 2008
Prison Doctor Lacks Standing to Challenge BOP Policy Denying Medical Care by The plaintiff complained of his treatment for a hernia and his prison doctor complained he was fired pursuant to a policy of providing inadequate care and in violation of his First Amendment rights. Prisoners seeking damages must exhaust …
Article • August 15, 2008
Voluntary Dismissals Subject to PLRA by The plaintiff sought voluntary dismissal The court says such a motion doesn't absolve him of the consequences of his actions under the PLRA, and notes his prior pattern of seeking voluntary dismissal (7 of 20 cases), characterizing it as "strategic" and done after court …
Page 21 of 62. « Previous | 1 2 3 4 ... 17 18 19 20 21 22 23 24 25 ... 58 59 60 61 62 | Next »