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Suit Against CCA Dismissed For Failure to Exhaust Administrative Remedies by In this civil rights action brought by two prisoners against Corrections Corporation of America (CCA) and several CCA employees, the U.S. Tenth Circuit Court of Appeals held the prisoners had not exhausted their administrative remedies as required by the …
Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction by Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction The U.S. Ninth Circuit Court of Appeals affirmed a contested permanent injunction issued by the U.S. District Court, Northern District of California, against the California Department of Corrections (CDC), to remedy …
Article • May 15, 2007
PLRA Applies to Juveniles by A New York federal district court has held that the Prison Litigation Reform Act (PLRA) applies to juvenile prisoners, and a juvenile's actions to air his grievance informally satisfied the PLRA's administrative remedy exhaustion requirement. Corey Lewis, a delinquent resident of the Tyron Residential Facility …
Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages by David Reutter Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages By David M. Reutter In an unpublished opinion, the Eleventh Circuit Court of Appeals has held the PLRA bars compensatory and punitive damages …
Article • May 15, 2007
Court Modifies Education Plan for Rikers Island Youth by By David M. Reutter In continuing its enforcement of an "Education Plan" for the Rikers Island Academies, a New York federal district court has made modifications to the Plan because it is "deficient in many respects." PLN previously reported upon the …
One Hundred Fifty Dollars Awarded For Federal Prisoner's Personal Property Loss by Federal prisoner Jonah Nwaokocha brought Federal Tort Claims Act (FTCA) and Bivens claims against Bureau of Prisons (BOP) employees in their individual and official capacities challenging conditions of his confinement and loss of personal property including legal papers. …
Court Has No Discretion To Postpone Automatic Stay Under PLRA by The United States District Court for the Southern District of New York held that it had no discretion under the Prison Litigation Reform Act (PLRA) to postpone the automatic stay of the provisions of a previous consent decree. Orange …
Prisoners Contempt Motion Requesting Compensatory Damages Not Precluded by The United States District Court for the Southern District of New York held that prisoners' attorneys could prosecute a contempt motion against prison officials as prisoners' contempt motion was civil in nature. Orange County Correctional Facility (New York) officials moved pursuant …
Administrative Remedy Exhaustion Rule Restricted by The U.S. Court of Appeals for the Second Circuit has limited the rule that prisoners must exhaust all administrative remedies before filing a civil rights action under 42 U.S.C. Section 1983 as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997e(a). The …
Article • May 15, 2007
PLRA Not Applicable In Habeas Cases by The United States District Court for the Western District of Tennessee held that the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C. § 1915, did not apply to habeas corpus petitions filed pursuant to 28 U.S.C. § 2241. Mahamadou Sillah, a native …
Allegation Of Interference With Grievance Completion Precludes Summary Judgment by The United States District Court for the Western District of New York held that a prisoner had not exhausted his administrative remedies pursuant to the Prison Litigation Reform Act of 1995 (PLRA) in one claim and that issues of fact …
Fact Issues Regarding Alternative New York Grievance Procedure Precludes Summary Judgment by Fact Issues Regarding Alternative New York Grievance Procedure Precludes Summary Judgment The United States District Court for the Western District of New York held that summary judgment of a prisoner's civil rights claim against New York prison officials …
Article • May 15, 2007
Gotti's Pretrial Detention Without Bail Warranted, PLRA Question Moot by The U.S. Second Circuit Court of Appeals held that the pretrial detention without bail of Peter Gotti, the alleged successor to John Gotti and John Gotti, Jr., as head of the Gambino Crime Family, was warranted. The appeals court ruled …
Prisoner's Second Complaint Frivolous, Appeal Not, on Claim Preclusion by Affirming an Illinois federal district court on other grounds, the U.S. Seventh Circuit Court of Appeals held that a prisoner's second complaint under 42 U.S.C. § 1983 against prison officials for violating his Eighth Amendment rights was barred by claim …
Summary Judgment on Religious Exercise Affirmed in Part and Reversed in Part by The U.S. Eighth Circuit Court of Appeals has affirmed in part and reversed and remanded in part a grant of summary judgment to Arkansas prison officials in a case involving free exercise of religion. Terry Procter is …
Injunction Against California DOC Precluded By PLRA, Turner by In this unpublished ruling the U.S. Court of Appeals for the Ninth Circuit held that the California Department of Corrections (CDC) did not have to comply with plaintiffs' proposed modifications to its procedures for housing and screening disabled prisoners and that …
Article • May 15, 2007
Stay of Action Must be Sought to Exhaust Administrative Remedies by The Supreme Court of Missouri has held that a prisoner is allowed to file suit against the Department of Corrections, or its employees, prior to exhaustion of administrative remedies providing the suit is filed within the statute of limitations. …
MI Prisoner's § 1983 Action Dismissed for Claiming Only Emotional Injury by MI Prisoner's § 1983 Action Dismissed for Claiming Only Emotional Injury Bobbie Adams, a Michigan state prisoner, claimed the Melanic Palace of the Rising Sun as his religion. Melanics were designated as a security threat group in the …
Delaware Force Suit Dismissed by The plaintiff resisted when staff tried to place chains and a padlock on his cell door, and force was used against him. He filed one grievance about alleged excessive force and resulting medical problems, and a second grievance about the placement of chains on his …
Article • May 15, 2007
Stun Gun Claim Properly Exhausted by Defendants said plaintiff's grievances were rejected because he didn't first file an informal grievance, so he hadn't exhausted. The plaintiff said he did indeed file an informal grievance, and he produced a copy. Also he produced his copy of the second grievance, which showed …
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