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Tennessee Court Enjoins Prisoner's Litigation by The court publishes its order re filing fees, finds the case frivolous, declares the plaintiff subject to the three strikes rule, and then imposes a requirement that she seek leave of court to file any future actions The court says that 1915(g) has lowered …
Time Limits in PLRA Modification Motions Applied by A maximum population limit is a prisoner release order However, a request to modify a pre-PLRA order may not be based on the prisoner release provision because the statute says "no court shall enter " (836) The court enjoined the automatic stay …
Article • May 15, 2008
District Courts Can Suspend PLRA Injunction Stay Provisions by This appeal from the district court's decision striking down the automatic stay provision is not mooted by the court's having reached the merits of the termination motion, since the problem is one that is capable of repetition yet evading review It …
Article • May 15, 2008
BOP Early Release Suit Subject to PLRA by The Bureau of Prisons' determination that petitioner is ineligible for early release is something that happened at the prison rather than a continuation of the criminal case, so the PLRA applies, rather than habeas rules. The petitioner filed a notice of appeal. …
Court Terminates MA Civil Commitment Center Injunction by The Massachusetts Treatment Center for Sexually Dangerous Persons is not a "prison" and persons civilly committed to it are not "prisoners" for purposes of the PLRA judgment termination provisions Persons committed to it received indeterminate sentences of one day to life to …
Article • May 15, 2008
Court Dismisses NY Prisoner’s Failure to Protect Suit by Court Dismisses NY Prisoner's Failure to Protect Suit At 544: "Given the extensive amount of discussion already devoted to the question of the PLRA's administrative exhaustion requirement, reinvention of the wheel is unnecessary" The court buys exhaustion when the prisoner seeks …
Administrative Exhaustion Required in Alabama HIV/AIDS Class Action Suit by The plaintiffs sued on behalf of themselves and all present and future HIV-positive prisoners in the state prison system, complaining both of their segregation from the general prison population and their exclusion from most programming, and of inadequate medical care. …
Ninth Circuit Upholds Discipline of Immigration Prisoner; PLRA Does Not Apply by The plaintiff, an immigration detainee, was in the law library when some visitors came in, and he made some disparaging remarks about the institution, handed them a flyer, and suggested they could not believe what officials told them. …
Article • May 15, 2008
Puerto Rican Prisoner’s Property Suit Dismissed by Puerto Rican Prisoner?s Property Suit Dismissed The plaintiff sued over lost property He had failed to file an appeal of the adverse ruling on his grievance within the five-day time limit The court buys all the holdings construing "prison conditions" expansively, and does …
Article • May 15, 2008
Third Circuit Has Appellate Jurisdiction Over Unexhausted Claims by The plain language of the exhaustion requirement ("No action shall be brought") shows that Congress did not intend that it be applied to cases already pending on the date of the PLRA's enactment However, the plaintiff was required to exhaust under …
Article • May 15, 2008
Fifth Circuit Discusses Appellate Review of 28 U.S.C. § 1915 Dismissals by Dismissals under 28 U.S.C. § 1915(e)(2)(B)(1) are governed by abuse of discretion standard At 940: "In determining whether a district court abused its discretion, we consider factors such as 'whether (1) the plaintiff is proceeding pro se, (2) …
Court Terminates 1975 Minnesota Disciplinary Hearing Consent Decree by The court terminates 1975 consent judgment concerning disciplinary due process At 1007: A "Federal right" does not include rights established by consent decrees There is no evidence of current or ongoing violations Plaintiffs suggested that further investigation might uncover some, but …
Three Murders in Three Months at Mississippi Control Unit Lead to Improvements And New Consent Decree by "Taken as a whole, I am convinced the conditions in Unit 32 are as bad as anywhere in the whole country," observed Margaret Winter, a lawyer with the National Prison Project of the …
Article • March 15, 2008 • from PLN March, 2008
Massachusetts Jail Releases Prisoners to Meet Court-Ordered Population Levels by A modified consent decree order entered by a Massachusetts federal district court has resulted in the release of at least 100 prisoners from the Worcester County House of Correction (WCHC). The order came in a class action lawsuit filed by …
Federal Judges Convene Three-Judge Panel to Consider “Prisoner Release Orders” to Remedy California’s Prison Overcrowding; Upheld on Appeal by Federal Judges Convene Three-Judge Panel to Consider "Prisoner Release Orders" to Remedy California's Prison Overcrowding; Upheld on Appeal On July 23, 2007, two United States District Court judges in the Northern …
Philadelphia City Jails Under Federal Supervision, Again, Temporarily by David Reutter by David M. Reutter A Pennsylvania federal district court has held that the conditions of confinement in the intake units at Philadelphia?s local police districts, the Police Administration Building (PAB), the Philadelphia Prison System (PPS) and the Curran Fromhold …
A Pursuit of Prisoners’ Health and Safety A conversation with Elizabeth Alexander, director of the ACLU’s National Prison Project by Todd Matthews A Pursuit of Prisoners' Health and Safety: A conversation with Elizabeth Alexander, director of the ACLU's National Prison Project by Todd Matthews Thirty-seven years ago, Elizabeth Alexander graduated …
Article • February 15, 2008 • from PLN February, 2008
New Jersey "Anthrax" Legal Mail Policy Unconstitutional; Count Condemns Opening Outside Prisoner's Presence by The Third Circuit Court of Appeals has held that a New Jersey Department of Corrections' (NJDOC) policy of opening prisoners' legal mail outside their presence is unconstitutional. That policy was enacted by a NJDOC memorandum dated …
Relief for Unconstitutional Mississippi Death Row Conditions Affirmed on Appeal by Bob Williams By Bob Williams The United States Court of Appeals for the Fifth Circuit has affirmed most of the sweeping reforms to be implemented at the Mississippi State Penitentiary (MSP), Unit 32-C, Death Row. After several death row …
Article • January 15, 2008
Ninth Circuit: Federal Complaint Cannot be Submitted Before PLRA Exhaustion is Completed by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a prisoner must have completed his available administrative exhaustion procedures before he can submit a 42 U.S.C. § 1983 complaint to the …
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