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Federal Court Awards Illinois Prisoner $7,116 in Fees, Costs by Michael Rigby By Michael Rigby On August 18, 2006, the U.S. District Court for the Southern District of Illinois awarded $7,116.35 in attorney's fees and costs to a state prisoner who prevailed in his civil rights claim against prison officials. …
Illinois Administrative Remedies Exhausted When Prison Officials Lost Grievance by The Seventh Circuit Court of Appeals has held that an Illinois prisoner ?took all steps necessary to exhaust? his administrative remedies when prison officials misplaced his timely grievance and did not instruct him to re-file an ?untimely grievance.? On March …
Article • June 15, 2007 • from PLN June, 2007
Disallowing Printed E-Mail Responses To Wisconsin Prisoner’s Web Page Raised Triable Issues of Fact by John Dannenberg Disallowing Printed E-Mail Responses To Wisconsin Prisoner's Web Page Raised Triable Issues of Fact by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals held that the Wisconsin Department of Corrections? (WDOC) …
New York Jail’s Juvenile Education Suit Returns to District Court by New York Jail's Juvenile Education Suit Returns to District Court The Second Circuit Court of Appeals has held that a federal court may only grant relief in a civil rights action filed by a prisoner on federal law claims …
Article • June 15, 2007 • from PLN June, 2007
The Political Economy of Prison and Jail Litigation by Margo Schlanger by Margo Schlanger* This article explores the practical effects of the prisoner civil rights docket on conditions of incarceration for the 2.2 million people in American jails and prisons on any given day.1 The analysis takes on a great …
Michigan Prisons: Another CMS Failure in Privatized Prisoner Health Care by David Reutter by David M. Reutter Another state prison system that subjected itself to the experiment of privatized medical services has learned the same hard lesson suffered by other states: a trail of inadequate care that leaves prisoners dead …
Michigan's Prison Health Care System Found Contemptuous by David Reutter by David M. Reutter "Step on a man's foot once, and a polite apology will do. Do it twice, and a profuse apology is in order. Do it thrice, and you have left the land of apology and entered the …
Michigan's In-Cell Restraints Considered Torture; Injunction Issued by David Reutter by David M. Reutter A Michigan federal district court has held that the use of in-cell restraints for punitive reasons constitutes torture. In reaching that conclusion, the Court reopened its previous judgment concerning mental health claims and issued a preliminary …
Dismissal of Retaliation Claim Reversed by The Seventh U.S. Circuit Court of Appeals reversed the dismissal by the U.S. District Court for the Western District of Wisconsin of a prisoner's retaliation claim. Tony Walker, a Wisconsin prisoner, sued prison officials under 42 U.S.C. §1983 claiming that officials conspired to retaliate …
Article • May 15, 2007
Dismissal Reversed Where Record Unclear on Administrative Remedy Exhaustion by The U.S. Seventh Circuit Court of Appeals vacated the dismissal of a prisoner's civil rights suit by the U.S. District Court for the Western District of Wisconsin where the record was unclear regarding exhaustion of administrative remedies. John M. Howe, …
Article • May 15, 2007
Pending Grievance Does Not Satisfy PLRA Exhaustion Requirement by The U.S. Seventh Circuit Court of Appeals, upholding a federal district court's dismissal of a jail prisoner's 42 U.S.C. §1983 suit, held that administrative remedies are not exhausted so long as a grievance is "pending." Lawrence Winder was a pretrial detainee …
Placing Prisoner on Modified Grievance Access Held Constitutional Under Circumstances by Placing Prisoner on Modified Grievance Access Held Constitutional Under Circumstances The U.S. Sixth Circuit Court of Appeals affirmed a Michigan federal district court's dismissal of a state prisoner's claim that his civil rights were violated when prison officials placed …
PLRA Applies to Private Prisons by Upholding a Tennessee federal district court, the U.S. Sixth Circuit Court of Appeals ruled as meritless and frivolous a Wisconsin prisoner's suit against the Corrections Corporation of America (CCA). Jerald Treat, a Wisconsin prisoner incarcerated at the CCA-owned and operated Whiteville Correctional Facility (WCF) …
Article • May 15, 2007
Imminent Danger Exception to PLRA Three Strikes by The U.S. Northern District Court of Illinois determined that a prisoner who failed to state a claim three times in three separate federal civil actions could still proceed without prepayment of fees under the imminent danger exception to the Prison Litigation Reform …
Attorney Sanctioned For Unreasonably, Vexatiously Prolonging Litigation by The U.S. District Court for the District of New Mexico held that an attorney representing a prisoner in a civil rights action against prison officials had acted "unreasonably and vexatiously" pursuant to 28 U.S.C. § 1927, and ordered him to pay defendants' …
Beating by Guards, Destroyed Eyeglasses May Toll AEDPA Time Limit by The U.S. Ninth Circuit Court of Appeals reversed and remanded a California federal district court's denial of a habeas corpus petition, holding that, if proven true, the prisoner's claim that prison officials failed to replace his broken eyeglasses for …
Article • May 15, 2007
Federal Prisoners Sanctioned Loss of Good Time for Frivolous Suit by A South Carolina federal district court held a lawsuit filed by two federal prisoners was frivolous and ordered loss of good time credits. The suit was filed by two federal prisoners convicted of various narcotics charges. Their 42 U.S.C. …
PLRA Requires Exhaustion of "All Available" Remedies by PLRA Requires Exhaustion of "All Available" Remedies The Eastern District of New York determined that prisoners must exhaust all available remedies under the Prison Litigation Reform Act (PLRA), 42 USC §1997e(a). Adam Abney, a New York state prisoner, was in his cell; …
Wisconsin Prisoner's Failure to Exhaust Remedies Required Dismissal by The U.S. Western District Court of Wisconsin dismissed a civil rights lawsuit filed by a state prisoner who failed to exhaust administrative remedies. Dennis Gonzalez, a Wisconsin state prisoner incarcerated at the Supermax prison in Boscobel, wanted to practice his Native …
Article • May 15, 2007
No Actual Injury Requirement in Right to Counsel Challenges by The U.S. Court of Appeals for the Second Circuit held that pretrial detainees need not show actual injury when challenging right to counsel violations; that PLRA requirements were satisfied; and that prisoners subject to heightened physical restraints were entitled to …
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