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Washington Radiation Suit Settled for $2.4 Million by Hans Sherrer By Hans Sherrer On March 14, 2000, a classaction lawsuit by Washington State prisoners who participated in radiation experiments from 1963 to 1971 was settled for $2.4 million. Sixty-four prisoners at the Washington State Penitentiary at Walla Walla were involved …
Article • November 15, 2000 • from PLN November, 2000
$35,000 Awarded to CA Prisoner in Beating Suit by On October 14, 1999, U.S. district court judge Susan Illston ruled that three Pelican Bay state prison guards had violated the Eighth amendment rights of prisoner Ricky Gray. Gray had filed suit under 42 U.S.C. § 1983 claiming that while being …
Change in Fulton County, GA: Indigent Defense, HIV, and Community Organizing by Lisa Zahren The Fulton County Jail in Atlanta is the largest jail in Georgia, with approximately 3,000 prisoners held there for months and sometimes years waiting for their cases to be resolved or to be transferred to a …
Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape Suit by Mark Cook Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape suit By Mark Cook The U.S. District Court for the Northern District of California held: (1) prisoners' action was not one sounding in tort, …
Article • August 15, 2000 • from PLN August, 2000
Attorney Fee Award Against Prisoner Reduced by A federal court in Virginia reduced an attorney fees award against a prisoner who filed a factually frivolous suit from $28,719 to $900. John McGlothin, a Virginia state prisoner, filed a civil rights suit under 42 U.S.C. § 1983 against the warden and …
Sweeping ADA/RA Jail Settlement Benefits Hearing Impaired Prisoners by by Matthew T. Clarke A federal district court in California has approved a sweeping settlement of hearing impaired prisoners' claims in a civil rights, Americans with Disabilities Act (ADA), and Rehabilitation Act (RA) class-action suit against the Santa Clara County (California) …
PLN Sues to Uncover Telemarketing Closure by The accompanying story on the closure of the Washington Marketing Group (WMG) operation at the Washington State Reformatory in Monroe, Washington, occured in May, 1999. Shortly after it occurred PLN editor Paul Wright filed a Public Disclosure Act (PDA) request with the Department …
$59,177 in Damages and Fees Awarded in Georgia Braille Suit by On April 15, 1999, a federal district court in Georgia issued a directed verdict awarding a blind Georgia state prisoner $2,000 in damages. Eddy Stephens, a blind prisoner, was denied access to braile books and writing instruments. He was …
Attica Suit Settled for $12 Million by On February 15, 2000, a federal judge approved a settlement in which New York State is to pay $8 million to the prisoners who were beaten and tortured after the 1971 Attica riot, closing one of the longest, ugliest chapters in criminal justice …
Article • May 15, 2000 • from PLN May, 2000
Book Review: Inmate Litigation by John E Dannenberg by Assistant Professor Margo Schlanger, Reprinted (soft back) from the Harvard Law Review, Vol. 116, No.6, April 2003; 151 pp. Review by John E. Dannenberg Inmate Litigation is a scholarly analysis on the effectiveness of prisoner civil rights litigation filed under 42 …
$150,000 Judgment Against Prison Officials Upheld by A federal district court in New York upheld a $150,000 jury verdict against prison officials, concluding that the award was not excessive. The court also held, in a separate ruling, that the Prison Litigation Reform Act, (PLRA), cap on attorney's fees does not …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
Washington DOC Settles Mail Censorship Suit by In early October, 1999, the Wash- ington Department of Corrections settled a wide ranging lawsuit challenging various aspects of its mail censorship policies. PLN reported the filing of the suit in its November, 1997, issue. The lawsuit had publisher plaintiffs Humanists of Washington, …
South Dakota Eliminates Law Libraries by On May 17, 1999, the South Dakota Department of Corrections settled a lawsuit that eliminates law libraries in the state's prisons and replaces them with limited assistance from a legal contractor. Under the terms of the settlement, South Dakota's four main prisons will maintain …
PLRA Attorney Fee Cap Not Retroactive in Attorney Client Case by A federal district court in Colorado has held that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d) does not apply to attorney fees accrued prior to the enactment of the PLRA, but …
PLRA Attorney Fee Provision Not Retroactive in Jail Conditions Suit by The court of appeals for the DC Circuit held that the Prison Litigation Reform Act (PRLA) provision, which caps attorney fee awards, applies to work performed after the act's effective date (April 26, 1996), even when the suit was …
Alabama Prison Officials Held in Contempt Again by A federal district court held Alabama prison officials in contempt for violating a 12-year-old Consent Decree. The court also awarded attorney's fees against the state and dissolved the decree pursuant to the Prison Litigation Reform Act, (PLRA). In 1983, prisoners in an …
Georgia Court Access Consent Decree Terminated by After being in effect less than a decade, a consent decree stemming from a class action lawsuit and providing for a mixed system of court access for Georgia state prisoners was dissolved on November 11, 1998, as U.S. District judge Anthony Alaimo vacated …
Article • October 15, 1999 • from PLN October, 1999
Supreme Court Holds PLRA Attorney Fee Cap Inapplicable to Work Performed Before Enactment by by Matthew T. Clarke The Supreme Court has held that the attorney fee cap contained within the Prison Litigation Reform Act, 42 U.S.C. §1997e(d), (PLRA) does not apply to attorney fees for work performed prior to …
PLRA Attorney Fee Limits Not Retroactive in Second Circuit by The court of appeals for the Second Circuit held that the Prison Litigation Reform Act's (PLRA) attorney fee provisions do not apply to fee awards made after the law's enactment when representation began before the PLRA's enactment. Donovan Blissett, a …
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