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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 …
South Carolina Litigation Act Does Not Apply to Post-conviction Proceedings by South Carolina state prisoner Stacy Wade pled guilty to various drug charges. Without filing a direct appeal, he filed for post conviction relief (PCR) for allegedly being coerced into the plea bargain. Wade's testimony of coercion at his PCR …
Article • December 15, 2007
Arizona Applies PLRA to State Court § 1983 Suits by by Bob Williams Relying on the Prison Litigation Reform Act (PLRA) language providing no action shall be brought without exhaustion of remedies, and upon Congress' desire that federal rights laws be applied uniformly within each state, the Arizona court of …
Article • December 15, 2007
Eighth Circuit Holds Partial Exhaustion Requires Total Dismissal by The Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(a) requires dismissal of a complaint alleging multiple prison conditions claims against multiple defendants, when each claim against each defendant was not fully exhausted administratively before filing. Missouri prisoners Malik …
Missing Ramadan Deadline Insufficient Cause to Deny Right to Attend by Bob Williams The United States Court of Appeals for the Seventh Circuit has reversed the dismissal of a prisoner's free exercise of religion claim, finding that missing a sign-up deadline for Ramadan was an insufficient reason to deny a …
Total Exhaustion Rule Should Apply Separately to Each Plaintiff by The Tenth Circuit Court of Appeals has held that when multiple prisoners join in a civil rights complaint, but only one of those prisoners has exhausted administrative remedies on all of the claims asserted, it is error to dismiss the …
Months of Cold-Wet Conditions States Inadequate Shelter Claim by The Sixth Circuit Court of Appeals has held that a Michigan prisoner offered sufficient evidence to support his Eighth Amendment inadequate shelter claim. The Court's decision came in the appeal of William Spencer, who brought claims relating to his pre-trial detention …
Article • December 15, 2007
All Claims Must Be Exhausted Before Suit is Filed by Four plaintiffs filed prematurely before their grievances were decided. Some claims were exhausted by the time the district court dismissed for nonexhaustion, some were still in process. At 885: When multiple prison condition claims have been joined, as in this …
Article • December 15, 2007
Brutality Claims Must Be Exhausted by Excessive force claims are prison conditions claims for purposes of exhaustion; the statutory language is ambiguous but the statutory intent supports this conclusion, especially since force claims often come packaged with other kinds of claims that would have to be exhausted The court rejects …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
State Law Claims in Federal Suits Must Be Exhausted by Use of force is a prison condition for purposes of PLRA; the unavailability of damages does not excuse exhaustion (citing prior circuit authority for both propositions) This court uses the 18 U.S.C. § 3626(g)(2) definition of "conditions of confinement" as …
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