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$112.50 Per Hour Post-Judgment Attorney Fees Upheld Under PLRA
Article • November 15, 2003 • from PLN November, 2003
Filed under: Conditions of Confinement, Totality of Conditions, Jail Specific, Attorney Fees (PLRA), Consent Decrees (PLRA), Appeals
$112.50 Per Hour Post-Judgment Attorney Fees Upheld Under PLRA by Bob Williams The Court of Appeals for the Ninth Circuit has held that post-judgment attorney fees are compensable under the Prison Litigation Reform Act (PLRA), though subject to the PLRA's rate cap of $112.50 an hour. In 1991, Robert Webb, …
Eighth Circuit Affirms Damages Award, Discovery Sanctions, Fees in Missouri Pepper Spray Case
Article • November 15, 2003 • from PLN November, 2003
Filed under: Prosecutor/Attorney General Misconduct, Racial Discrimination, Pepper Spray/Tear Gas, Civil Procedure, Damages, Discovery, Sanctions, Qualified Immunity
Eighth Circuit Affirms Damages Award, Discovery Sanctions, Fees in Missouri Pepper Spray Case by The U.S. Eighth Circuit Court of Appeals upheld a jury verdict, damages awards, and discovery sanctions against Missouri Department of Corrections officials at the Potosi Correctional Center (PCC) in a case involving excessive force against PCC …
Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fee
Article • November 15, 2003 • from PLN November, 2003
Filed under: Civil Procedure, Filing Fees
Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fee by Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fees The Oklahoma Supreme Court upheld a trial court order directing an indigent prisoner to pay partial filing fees from future prison labor earnings. Eugene Smith, an Oklahoma prisoner, petitioned …
Temporary Injunction Issued in Alabama Suit
Article • October 15, 2003 • from PLN October, 2003
Filed under: Private Prisons, Naphcare, Medication, Systemic Medical Neglect, Respiratory, Cancer, Blood, Hepatitis, Staffing, Settlements, Preliminary Injunctions/TRO's, Medical Neglect/Malpractice
Temporary Injunction Issued in Alabama Suit by On June 26, 2003, the parties in Baker v. Campbell agreed to the entry of a temporary preliminary injunction which, among other things, provides for "immediate" and "adequate" medical care for Alabama prisoners with serious illnesses. The "Preliminary Injunction Settlement Agreement" stems from …
Stun Belt Prejudice Reverses California Conviction
Article • October 15, 2003 • from PLN October, 2003
Filed under: Crime/Demographics, Criminal Prosecution, Stun Guns/Tasers, Restraints, Juries
Stun Belt Prejudice Reverses California Conviction by John E Dannenberg by John E. Dannenberg The California Supreme Court overturned a three-strikes conviction and remanded the case for a new trial because of the potential for psychological prejudice from a remote-controlled electronic stun belt on a defendant's demeanor during testimony, where …
Pendency of Federal Lawsuit Doesn't Toll 31-Day Texas Limitations
Article • October 15, 2003 • from PLN October, 2003
Filed under: Conditions of Confinement, Transportation, State Law Claims, Administrative Exhaustion, Limitations
Pendency of Federal Lawsuit Doesn't Toll 31-Day Texas Limitations by A Texas state court of appeals has held that the pendency of a federal civil rights lawsuit on the same matter does not toll the statute requiring Texas state prisoners to file lawsuits in state court within 31 days after …
Seventh Circuit Reverses BOP's Denial of Death Row Prisoner's Interviews
Article • October 15, 2003 • from PLN October, 2003
Filed under: Complaints, Death Penalty/Death Row, Death Penalty, Access to Media
Seventh Circuit Reverses BOP's Denial of Death Row Prisoner's Interviews by The Seventh Circuit Court of Appeals has reversed an Indiana Federal District Court's dismissal of a Bureau of Prisons (BOP) prisoner's complaint that he was unconstitutionally denied media interviews. David Paul Hammer is a BOP prisoner in the Federal …
Federal Appeals Courts Address Finality of Dismissals, Grievance Contents
Article • October 15, 2003 • from PLN October, 2003
Filed under: Staff-Prisoner Assault, Medical Misconduct, Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings, Complaints, Appeals, Limitations
Federal Appeals Courts Address Finality of Dismissals, Grievance Contents by In two, separate, unrelated cases, the Third and Seventh U.S. Circuit Courts of Appeals have addressed the finality of dismissals without prejudice, the contents of grievances, and various procedural points under the Prison Litigation Reform Act (PLRA) and prisoner suits …
Washington SCC Injunction and Contempt Order Upheld
Article • October 15, 2003 • from PLN October, 2003
Filed under: Civil Procedure, Injunctions, Contempt (Civil Procedure), Civil Commitment
Washington SCC Injunction and Contempt Order Upheld by On February 26, 2003, U.S. District Judge Barbara Rothstein upheld an injunction and contempt order issued against the superintendent and clinical director of the Special Commitment Center ("SCC") at McNeil Island, Washington. The SCC houses former prisoners civilly committed as "sexually violent …
Director of Florida's Private Prison Commisssion Resigns, Fined $10,000 for Ethics Violations
Article • October 15, 2003 • from PLN October, 2003
Filed under: Private Prisons, Government Misconduct, Disclosure of Records, Guard Unions
Director of Florida's Private Prison Commisssion Resigns, Fined $10,000 for Ethics Violations by Agreeing to pay $10,000 for ethics violations, the director of Florida's agency overseeing private prison contracts resigned in April, 2002. The Florida Ethics Commission has accepted the settlement. C. Mark Hodges was in charge of Florida's Correctional …
Eight Washington Prison Premises Liabilities Claims Settled for $35,058
Article • October 15, 2003 • from PLN October, 2003
Filed under: Work, Workplace Injury, Food, Damages, Seizure of Prisoner Funds, Premises Liability
Eight Washington Prison Premises Liabilities Claims Settled for $35,058 by Premises liabilities claims by injured Washington state prisoners and visitors were settled in eight unrelated claims totaling $35,058 over a two year period in 2001 and 2002. Pro per Walla Walla State Penitentiary prisoner Marcus Ogans filed a 42 U.S.C. …
Nebraska Prisons Get Progressive Phone Contract
Article • October 15, 2003 • from PLN October, 2003
Filed under: Civil Procedure, Appeals, Limitations, Habeas Corpus, Mail Regulations, Legal Mail
Nebraska Prisons Get Progressive Phone Contract by John E Dannenberg by Matthew T. Clarke In February, 2003, The Nebraska Department of Corrections (DOC) has contracted with AT&T to set up what may be the most progressive prisoner phone service in the United States. The five-year contract makes AT&T the sole …
Washington Retaliation Suit Settled for $2,500
Article • October 15, 2003 • from PLN October, 2003
Filed under: Retaliation for Litigating, Retaliation for Filing Grievances, Prison Industries, Disciplinary Hearings, Retaliatory Discipline, Disclosure of Records
Washington Retaliation Suit Settled for $2,500 by On February 27, 2002, the Washington DOC settled a prisoner claim of retaliation for his having filed a grievance and a lawsuit, for $2,500. Airway Heights Correctional Center prisoner Douglas Gallagher was employed in the food factory production facility on a day when …
California Taxpayer Action Forces Private Employer to Pay Prisoners Prevailing Wages
Article • October 15, 2003 • from PLN October, 2003
Filed under: Prison Industries, Prison Labor, Civil Procedure, Standing, Parties, Seizure of Prisoner Funds
California Taxpayer Action Forces Private Employer to Pay Prisoners Prevailing Wages by John E Dannenberg by John E. Dannenberg Under California Code of Civil Procedure §526a, a private citizen taxpayer may bring an action to compel an officer or agent of a municipality to restrain him from wasteful or injurious …
Washington Posts Health Care Provider Information Online
Article • October 15, 2003 • from PLN October, 2003
Filed under: Medical Misconduct, Disclosure of Records, Media, Internet
Washington Posts Health Care Provider Information Online by Past issues of PLN have reported on the checkered pasts of many prison health care employees. Before being employed by prisons and jails many medical staff have been disciplined, had their licenses revoked and suffered other forms of license limitations designed to …
PLRA Physical Injury Rule Not Applicable in Non-Prison State Cases
Article • October 15, 2003 • from PLN October, 2003
Filed under: Smoking, Physical Injury Rule, Civil Procedure, Damages, State Law Claims, Complaints, Default Judgments, Venue
PLRA Physical Injury Rule Not Applicable in Non-Prison State Cases by The Eleventh U.S. Circuit Court of Appeals has vacated and remanded part of an Alabama Federal District Court's dismissal of a federal prisoner's suit against tobacco companies. The Court held that prisoner suits unrelated to prison conditions that are …
Survivors of North Carolina Jail Fire Settle for $1.94 Million
Article • October 15, 2003 • from PLN October, 2003
Filed under: Fire Hazards, Damages, Municipal Liability, Wrongful Death, Accidents
Survivors of North Carolina Jail Fire Settle for $1.94 Million by On January 9, 2003, Mitchell County (NC) Superior Court Judge Marlene Hyatt approved a settlement in which the families of the eight fatalities and the nine survivors of the May 3, 2002, Mitchell County Jail fire will split $1.94 …
Receipt of Federal Funds Waives Eleventh Amendment Immunity for Rehabilitation Act
Article • October 15, 2003 • from PLN October, 2003
Filed under: Work, Workplace Injury, Injunctions, Americans with Disabilities Act, Rehabilitation Act, Eleventh Amendment Immunity, Employee Litigation
Receipt of Federal Funds Waives Eleventh Amendment Immunity for Rehabilitation Act by The U.S. Third Circuit Court of Appeals has affirmed in part and reversed in part a Pennsylvania Federal District Court's grant of summary judgment to state defendants in a prison employee's claim involving the Rehabilitation Act (RA) and …
Diagnosis, Not Exposure, Triggers Limitation Period in HCV Action
Article • October 15, 2003 • from PLN October, 2003
Filed under: Workplace Injury, Medical, Hepatitis, Limitations
Diagnosis, Not Exposure, Triggers Limitation Period in HCV Action by The Iowa Supreme Court held in a workers compensation case that the statute of limitations in a hepatitis C exposure case begins to run on the date of diagnosis, rather than the date of exposure. On October 2, 1990, Diane …
PLRA Does Not Apply to Challenges to Civil Commitment
Article • October 15, 2003 • from PLN October, 2003
Filed under: PLRA, Filing Fees (PLRA), Complaints, Civil Commitment
PLRA Does Not Apply to Challenges to Civil Commitment by by Matthew T. Clarke The Eleventh Circuit Court of Appeals has held that the PLRA does not apply to challenges to conditions of confinement by persons detained under the Florida sexually violent predator program. Bryant S. Troville, a Florida civil …
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