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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 …
Charging Prisoner for Injured Guard’s Medical Expenses Upheld by Charging Prisoner for Injured Guard's Medical Expenses Upheld The plaintiff complained that money was taken out of his account to pay medical expenses of an officer injured in a disturbance he was disciplined for, and that the procedures were deficient. However, …
Jama et al v. Esmor Correctional Services, NJ, Judgment, immigration beating, 2007 Case 2:97-cv-03093-DRD-MAS Document 537 Filed 12/07/2007 Page 1 of 2 Case 2:97-cv-03093-DRD-MAS Document 537 Filed 12/07/2007 Page 2 of 2
Jama et al v. Esmor Correctional Services, NJ, Order 2, immigration beating, 2007 Case 2:97-cv-03093-DRD-MAS Document 538 Filed 12/07/2007 Page 1 of 2 Case 2:97-cv-03093-DRD-MAS Document 538 Filed 12/07/2007 Page 2 of 2
Jama et al v. Esmor Correctional Services, NJ, Opinion, immigration beating, 2007 Case 2:97-cv-03093-DRD-MAS Document 534 Filed 11/20/2007 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY HAWA ABDI JAMA, et al. : : Plaintiffs, : : v. : : ESMOR CORRECTIONAL SERVICES, : INC., et …
California DOC Federal Healthcare Receiver Issues Master Remedial Plan by John Dannenberg by John E. Dannenberg "Good care is less costly than bad care." This maxim, from prison healthcare Receiver Robert Sillen, set the tone when he announced his master plan on May 10, 2007 to constitutionally repair the California …
Article • November 15, 2007 • from PLN November, 2007
Indiana DOC Agrees to Remove Mentally Ill Prisoners from Control Units by The Indiana Department of Corrections (IDC) settled a class action lawsuit brought by mentally ill prisoners whose Eighth Amendment rights had been trampled since 1993 by IDC policy that placed them in long-term disciplinary housing instead of treating …
Jama et al v. Esmor Correctional Services, NJ, Jury Questionnair, immigration beating, 2007 Case 2:97-cv-03093-DRD-MAS Document 531 Filed 11/13/2007 Page 1 of 9 Case 2:97-cv-03093-DRD-MAS Document 531 Filed 11/13/2007 Page 2 of 9 Case 2:97-cv-03093-DRD-MAS Document 531 Filed 11/13/2007 Page 3 of 9 Case 2:97-cv-03093-DRD-MAS Document 531 Filed 11/13/2007 Page …
Article • September 15, 2007 • from PLN September, 2007
Collection-Rate of Appellate Costs Taxed to Prisoner Reduced to Rate for PLRA Filing-Fees by John Dannenberg by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals held that the payment of $1,619 in costs owed to Michigan state by an unsuccessful prisoner litigator could not be deducted from his …
Sixth Circuit Now Permits § 1983 Complaint to Proceed Even if Prisoner Did Not Initially Plead Exhaustion Below by John Dannenberg by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held that a prisoner had an affirmative burden to plead exhaustion of administrative …
A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE by A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE A Review of …
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