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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 …
Article • January 15, 2008
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 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 …
Article • January 15, 2008
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 …
Article • January 15, 2008
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; 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 …
Article • January 15, 2008 • from PLN January, 2008
BOP Byline Prohibition Unconstitutional by David Reutter by David M. Reutter A Colorado federal district court has held the Bureau of Prisons (BOP) regulation that provides a prisoner may not "publish under a byline" violates the First Amendment. The Court's order prohibits the BOP from punishing any prisoner for violating …
Jama et al v. Esmor Correctional Services, NJ, Memo in Support of Plf Mot for Atty Fees, immigration beating, 2008 Case 2:97-cv-03093-DRD-MAS Document 544 Filed 01/08/2008 Page 1 of 43 Derek S. Tarson, Esq. Debevoise & Plimpton LLP 919 Third Avenue New York, New York 10022 (212) 909-6000 UNITED STATES …
Jama et al v. Esmor Correctional Services, NJ, Plf Notice of Mot for Atty Fees, immigration beating, 2008 Case 2:97-cv-03093-DRD-MAS Document 541 Filed 01/08/2008 Page 1 of 2 Derek S. Tarson, Esq. Debevoise & Plimpton LLP 919 Third Avenue New York, New York 10022 (212) 909-6000 UNITED STATES DISTRICT COURT …
Michigan’s Solution to Prisoner Healthcare: Close the Prison by David Reutter Michigan's Solution to Prisoner Healthcare: Close the Prison by David M. Reutter In December 2006, a federal district court found the Michigan Department of Corrections (MDOC) in contempt in the long-running Hadix case, and ordered prison officials to submit …
Article • December 15, 2007
PLRA 150% Attorney Fee Cap Applies to All Attorney Work, Including Appellate Work by The Sixth Circuit Court of Appeals has held "that the PLRA applies to all attorney fees generated by a prevailing party -- trial, post-trial, and on appeal." The PLRA, or Prison Litigation Reform Act, limits attorney …
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