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Article • November 15, 2002 • from PLN November, 2002
Defendants' Convenience Justifies Transfer of Venue by California Department of Corrections (CDC) defendants successfully moved to transfer the original venue of a prisoner's civil rights lawsuit to another district - based upon convenience. Lisa Williams, a prisoner at Valley State Prison for Women (VSPW) near Fresno, CA sued prison officials …
Article • November 15, 2002 • from PLN November, 2002
Plaintiff's Disability Impacts Venue by A federal district court in New York held that a plaintiff's physical disabilities were relevant in deciding which court should hear his case. Ambroz Nikac is a wheelchair bound paraplegic who was arrested on federal weapons and stolen property charges. He spent ten months in …
Article • November 15, 2002 • from PLN November, 2002
Filed under: Civil Procedure, Costs
PLRA Attorney Fee Cap and Local Cost Recovery Rules Upheld in New York Hepatitis C Case by John E Dannenberg by John E. Dannenberg The U.S. District Court (S.D. N.Y.) upheld the Constitutionality of the Prison Litigation Reform Act's (PLRA) attorney fee cap limitations and applied local rules to cost …
Article • November 15, 2002 • from PLN November, 2002
Ingram v. Scott Reversed: TDCJ-ID in Compliance with Section 501.008 by by Matthew T. Clarke On appeal following remand, a Texas court of appeals has held that the instructions on a grievance form bring TDCJ-ID into compliance with the requirement in section 501.008, Texas Government Code, that the Texas Department …
PLRA Attorney Fee Cap Applies to Fees on Fees by John E Dannenberg by John E. Dannenberg In a case of first impression, the Fifth Circuit US Court of Appeals ruled that the Prison Litigation Reform Act (PLRA) fee cap limiting recovery of a prevailing prisoner plaintiff's attorney fees to …
Brief • November 15, 2002
Filed under: Settlements
Washington v. San Diego, CA, Complaint, $400k Settlement, 2006 Case 3:02-cv-00143-LAB-JMA Document 21 Filed 11/15/2002 Page 1 of 24 Case 3:02-cv-00143-LAB-JMA Document 21 Filed 11/15/2002 Page 2 of 24 Case 3:02-cv-00143-LAB-JMA Document 21 Filed 11/15/2002 Page 3 of 24 Case 3:02-cv-00143-LAB-JMA Document 21 Filed 11/15/2002 Page 4 of 24 Case …
Article • October 15, 2002 • from PLN October, 2002
Filed under: Civil Procedure, Appeals
Oklahoma Rejects Prisoner Mail Box Rule by The Oklahoma State Court of Ap peals held that the "Prisoner Mail Box Rule" is not available to Oklahoma prisoners and that "filing" means when a proper petition is delivered to the proper court. The Tenth Circuit Court of Appeals certified a question …
Article • October 15, 2002 • from PLN October, 2002
Sixth Circuit Upholds Denial of Prison Doctor's Qualified Immunity by The Sixth Circuit Court of Appeals has upheld denial of qualified immunity to a state prison doctor by the Federal District Court in Michigan. Richard LeMarbe is a Michigan state prisoner. In 1996, he was treated for chronic gallbladder problems …
Nominal Damages Not Automatic by The Court of Appeals for the Eleventh Circuit has held that nominal damages are not automatic when a jury renders a verdict for excessive use of force, but fails to award compensatory or punitive damages. Temporary detainee George B. Oliver filed a civil rights action …
Supreme Court: No Punitive Damages Allowed Under RA and ADA by In a unanimous opinion, the United States supreme court held that punitive damages are not allowed under the Rehabilitation Act, (RA), 29 U.S.C. § 794 (a) or the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132. Jeffrey Gorman …
Exhaustion Not Mandatory for Kansas Habeas Petitioners; Retained Counsel at Disciplinary Hearings is Discretionary by The Supreme Court of Kansas held that prisoners are not required to exhaust administrative remedies before petitioning for a writ of habeas corpus. The court also held that neither due process nor regulations of the …
Article • October 15, 2002 • from PLN October, 2002
Washington District Court Grants Preliminary Injunction for Kosher Meals by The United States District Court for the Eastern District of Washington has ordered a preliminary injunction (PI) granting a state prisoner kosher meals in accordance with tenets of Orthodox Judaism. Roland Pitre is a state prisoner at Airway Heights Correctional …
Article • October 15, 2002 • from PLN October, 2002
Remand to Determine if TDCJ Grooming Policy Unconstitutional by Remand To Determine If TDCJ Grooming Policy Unconstitutional by Matthew T. Clarke The Fifth Circuit has remanded a case for the district court to hold an evidentiary hearing and determine whether the policy of the Texas Department of Criminal Justice (TDCJ) …
Article • October 15, 2002 • from PLN October, 2002
Connecticut District Court Orders Post-Judgment Monitoring Fees by The United States District Court, District of Connecticut, has awarded the Connecticut Civil Liberties Union Foundation (CCLUF) attorneys' fees in the amount of $67,445.88, and costs in the amount of $1,044. The award arises from on-going, postjudgment monitoring by the CCLUF after …
Article • October 15, 2002 • from PLN October, 2002
Summary Judgment Denied in Colorado Hepatitis-C Treatment Suit Based on Lack of Internet Access by Bob Williams The Colorado Federal District Court has denied summary judgment for the Colorado Department of Corrections (CDOC) in a suit seeking treatment for a prisoner infected with the hepatitisC virus (HCV). Several prisoner cases …
Article • September 15, 2002 • from PLN September, 2002
Sixth Circuit Rules PLRA 150% Fee Cap Constitutional by by Matthew T. Clarke The Sixth Circuit court of appeals has held that 42 U.S.C. § 1997e(d)(2), the section of the Prison Litigation Reform Act, which limits losing civil rights defendants' liability to 150% of the damage award, did not violate …
Article • September 15, 2002 • from PLN September, 2002
U.S. Supreme Court: No Death Penalty for Retarded; Juries Must Impose Death Sentence by David Zuckerman June was a good month for many death row prisoners. In Ring v. Arizona , 122 S.Ct. 2428 (2002) and Atkins v. Virginia , 122 S.Ct. 2242 (2002), the Supreme Court placed new and …
PLRA Allows California Religious Preliminary Injunction by David Reutter by David M. Reutter The Court of Appeals for the Ninth Circuit has upheld the grant of a preliminary injunction to California Muslim prisoners .See: Mayweathers v. Terhune, 136 F. Supp. 2d 1152 (E.D. Cal. 2001). Prison officials appealed the injunction …
Article • September 15, 2002 • from PLN September, 2002
Louisiana's Administrative Remedy Procedure Unconstitutional by by Matthew T. Clarke The Supreme Court of Louisiana has declared that the Corrections Administrative Remedy Procedure (CARP), La.Rev.Stat. 15:1171-1179, when applied to tort claims, violates article V,16 of the Louisiana constitution. Michael Wayne Pope, a Louisiana state prisoner, was severely injured on his …
Ohio District Court Grants TRO on Grooming Regulations by The Federal District Court for the Northern District of Ohio has granted a temporary restraining order (TRO) against Marion Correctional Institution (MCI), Marion, Ohio, preventing Warden Christine Money from enforcing a grooming policy against two Orthodox Chassidic Jews. Michael Goodman and …
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