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Fifth Circuit Misstates Retaliation Standard by Prisoners claiming retaliation must allege "(1) a specific constitutional right, (2) the defendant's intent to retaliate against the prisoner for his or her exercise of that right, (3) a retaliatory adverse act, and (4) causation." The plaintiff alleged retaliation for his filing of grievances …
Prison Beating Claim Subject to Exhaustion by Use of force claims are prison conditions claims for purposes of exhaustion. At 1365: The court treats exhaustion as jurisdictional, interpreting a line in Alexander v. Hawk for more than it probably is worth and ignoring all contrary case law. A statement from …
Article • August 15, 2008
1992 Order to Change Georgia Jail Conditions Lifted Under PLRA by Cherokee County, Georgia Sheriff Roger Garrison moved for the termination of a 1992 consent order implemented to improve conditions at the county jail. The motion was granted because no current or recent violations had been proven. In 2002 the …
Article • August 15, 2008
9th Circuit Reverses Non-exhaustion Dismissal Due to Unavailable Forms by The Ninth Circuit Court of Appeals reversed a district court’s dismissal under 28 U.S.C. § 1915A(b) of a Nevada prisoner’s § 1983 action for failure to exhaust administrative remedies. Citing Wyatt v. Terhune, 315 F3d 1108 (9th Cir. 2003), the …
Article • August 15, 2008
Statute of Limitations May Toll While Prisoner Exhausts Administrative Remedies by In 2003, William Howell, a state prisoner, sued jail guards in federal district court under 42 U.S.C. § 1983 for an incident that occurred over two years before he filed suit. Since the applicable statute of limitations was two …
Article • July 15, 2008 • from PLN July, 2008
“Hot Bunking” at Cook County Jail Could Violate Consent Decree by In December 2007, to alleviate the problem of prisoners sleeping on the floor due to chronic overcrowding, Illinois’ Cook County Jail started “hot bunking.” The practice entails prisoners taking turns sleeping in the same bed in shifts. Each prisoner …
California DOC Federal Health Care Receiver Replaced by John Dannenberg by John E. Dannenberg Robert Sillen, the scrappy Receiver appointed by a U.S. District Court to fix California’s ailing prison healthcare system, was replaced on January 23, 2008 by J. Clark Kelso, former Chief Information Officer for Governor Arnold Schwarzenegger. …
Article • July 15, 2008 • from PLN July, 2008
California Juvenile Parolees Entitled to Two-Step Revocation Process by John Dannenberg by John E. Dannenberg The U.S. District Court for the Eastern District of California has held that the rights of California juvenile parolees were violated by the single-hearing revocation process used by the Juvenile Parole Board (JPB). Nevertheless, the …
Article • July 15, 2008
PLRA Bars Damages for Jail Strip Search Suit by A New Mexico federal district court applied the injury requirement of the Prison Litigation Reform Act to hold that two female pretrial detainees cannot recover damages for a Fourth Amendment claim of unreasonable strip searches. The matter proceeded to a jury …
Article • July 15, 2008
No Liberty Interest in Illinois Segregation by The Seventh Circuit Court of Appeals affirmed the dismissal of an Illinois prisoner’s due process and retaliation claims, finding that his allegations “effectively plead him out of court.” Illinois prisoner Christopher Lekas “cultivated a relationship on ‘friendly terms’ with Tyone Murray, a female …
Tenth Circuit Reverses Dismissal of Federal Prisoner's Medical Suit by The Tenth Circuit Court of Appeals reversed a lower court's dismissal of a federal prisoner's suit, finding that the prisoner had adequately exhausted his administrative remedies and stated a cognizable deliberate indifference claim. Former Japanese Red Army member Yu Kikumura …
Post-Trial Litigation Fees Awarded Michigan Prisoner After Guard-Ordered Attack by Michigan State prisoner Barton Allen motioned to recover post-litigation fees after being awarded $200,000 in a 42 U.S.C. § 1983 action for a guard-ordered assault. $3,757.50 in attorney's fees were awarded for litigating against the defendant's unsuccessful remittitur petition. A …
California DOC Federal Master: Continued Court Oversight Needed on “Code of Silence” by Marvin Mentor John Hagar, the Special Master assigned by the U.S. District Court (N.D. Cal.) to monitor the California Department of Corrections and Rehabilitation’s (CDCR) staff investigations and disciplinary process has opined, in an October 2007 Final …
Congress Must Act to Protect Young Detainees from Abuse by Marian Edelman by Marian Wright Edelman Posted May 19, 2008 In recent years, the Children's Defense Fund has received horrifying reports of the physical and sexual abuse of children and teens in juvenile correctional facilities. There are accounts of children …
No Exhaustion Required in Juvenile IDEA Suit for Damages by The court had previously held that plaintiff, confined by the California Youth Authority, had to exhaust concerning his placement in detention because it was grievable, but did not have to exhaust under the California Tort Claims Act It asked for …
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 …
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