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Court Dismisses NY Prisoner’s Failure to Protect Suit
Article • May 15, 2008
Filed under: Failure to Protect (General), PLRA, Administrative Exhaustion (PLRA)
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
Article • May 15, 2008
Filed under: HIV/AIDS, Medication, Administrative Exhaustion (PLRA), Civil Procedure, Res Judicata, Americans with Disabilities Act, Rehabilitation Act, Eleventh Amendment Immunity, Qualified Immunity
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
Article • May 15, 2008
Filed under: Disciplinary Hearings, Notice of Rules, Administrative Exhaustion (PLRA), Immigration
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. …
Puerto Rican Prisoner’s Property Suit Dismissed
Article • May 15, 2008
Filed under: PLRA, Administrative Exhaustion (PLRA), Prisoner Property
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 …
Third Circuit Has Appellate Jurisdiction Over Unexhausted Claims
Article • May 15, 2008
Filed under: PLRA, Administrative Exhaustion (PLRA), Mootness
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 …
Fifth Circuit Discusses Appellate Review of 28 U.S.C. § 1915 Dismissals
Article • May 15, 2008
Filed under: Frivolous Litigation (PLRA), Civil Procedure, Complaints, Appeals, Immigration
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
Article • May 15, 2008
Filed under: Disciplinary Hearings, Disciplinary Litigation, Consent Decrees (PLRA), Consent Decrees, Discovery
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
Article • April 15, 2008 • from PLN April, 2008
Filed under: Guard Misconduct, DOC/BOP misconduct, Gang Policies, Prison Labor, Prison/Jail Murders, Consent Decrees (PLRA), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Death Row, Mental Health, Failure to Treat (Mental Illness), Suicides
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 …
Massachusetts Jail Releases Prisoners to Meet Court-Ordered Population Levels
Article • March 15, 2008 • from PLN March, 2008
Filed under: Overcrowding, PLRA, Consent Decrees (PLRA)
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
Article • March 15, 2008 • from PLN March, 2008
Filed under: Discrimination, Disabled Prisoners, Systemic Medical Neglect, Overcrowding, Injunctions (PLRA)
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
Article • March 15, 2008 • from PLN March, 2008
Filed under: Systemic Medical Neglect, Amputations, Totality of Conditions, Food, Overcrowding, Sanitation, Bedding, Hygiene Supplies, Attorney Fees (PLRA), Administrative Exhaustion (PLRA), Injunctions (PLRA), Civil Procedure, Preliminary Injunctions/TRO's, Mootness
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
Article • March 15, 2008 • from PLN March, 2008
Filed under: Crime, Overcrowding, Appointment of Counsel, Attorney Fees (PLRA), Consent Decrees (PLRA), Administrative Exhaustion (PLRA), Filing Fees (PLRA), Frivolous Litigation (PLRA), Physical Injury Rule, Injunctions (PLRA), Prisoner Privileges, Rehabilitation/Recidivism
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 …
New Jersey "Anthrax" Legal Mail Policy Unconstitutional; Count Condemns Opening Outside Prisoner's Presence
Article • February 15, 2008 • from PLN February, 2008
Filed under: Injunctions (PLRA), Mail, Legal Mail
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
Article • January 15, 2008
Filed under: Medical, Failure to Treat, Exposure to Cold, Clothing, Plumbing, Water, Sanitation, Lighting, Laundry, Exposure to Heat, Administrative Exhaustion (PLRA), Injunctions (PLRA), Class Certification, Mootness, Death Row, ACA
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 …
Ninth Circuit: Federal Complaint Cannot be Submitted Before PLRA Exhaustion is Completed
Article • January 15, 2008
Filed under: PLRA, Administrative Exhaustion (PLRA), Complaints
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 …
Grievances Exhausted When No Relief Available; Oregon DOC Fails to Prove Non-Exhaustion.
Article • January 15, 2008
Filed under: Medical, Skeletal Injury, Surgery, Administrative Exhaustion (PLRA)
Grievances Exhausted When No Relief Available; Oregon DOC Fails to Prove Non-Exhaustion. by A federal court in Oregon has held that prisoners are not required to exhaust all levels of the prison grievance process when all requested relief is granted before the final step of the grievance process. On December …
Short-Term Injuries Sufficient to Recover Mental and Emotional Damages under PLRA
Article • January 15, 2008
Filed under: Injury -- Misc., PLRA, Physical Injury Rule, Pepper Spray/Tear Gas, Damages, State Law Claims
Short-Term Injuries Sufficient to Recover Mental and Emotional Damages under PLRA by A Florida federal district court has held that a prisoner's failure to prove long-term physical injuries does not bar a request for damages for long-term mental and emotional injuries. That ruling came in a civil rights action filed …
Statute of Limitations May Toll While Prisoner Exhausts Administrative Remedies
Article • January 15, 2008
Filed under: PLRA, Administrative Exhaustion (PLRA), Limitations
Statute of Limitations May Toll While Prisoner Exhausts Administrative Remedies by In 2003, William Howell, a Georgia 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 …
3 Strikes And You’re Out - Usually
Article • January 15, 2008
Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA)
3 Strikes And You’re Out - Usually by 3 Strikes And You're Out -- Usually In 2004, Anthony Williams, a Pennsylvania state prisoner, sued a number of guards in a federal district court. He claimed, among other things, that they weren't treating his terminal disease. Williams had three prior suits …
Prisoner’s Oral Complaints Worthy of First Amendment Protection;
Article • January 15, 2008 • from PLN January, 2008
Filed under: Classification, Transfers, Gang Policies, Retaliation for Filing Grievances, Informants (Disciplinary Hearings), Retaliatory Discipline, Exercise, Attorney Fees (PLRA)
Prisoner’s Oral Complaints Worthy of First Amendment Protection; by Prisoner's Oral Complaints Worthy of First Amendment Protection;  $1 in Damages and $1.50 in Fees Awarded The Seventh Circuit Court of Appeals has held that a prisoner's oral complaints about matters of "public concern" that are designed to "urge a change …
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