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2nd Circuit Orders Reconsideration of Non-Exhaustion Defense by The Second Circuit Court of Appeals reversed the dismissal of a Connecticut prisoner's failure to protect action for non-exhaustion of administrative remedies. The district court was instructed to reconsider in light of a series of exhaustion cases that were issued while the …
Nebraska Administrative Remedies Must Be Fully Exhausted Or Dismissal Required by Nebraska State Prisoner Frankie Cole brought suit under § 1983 and the State Tort Claims Act (STCA) for Eighth and Fourteenth Amendment violations for prisoner conflicts, inadequacies in his medical treatment, and incidents arising from such violations. The court …
Article • May 15, 2007
Legal Mail and Attorney Call Claims Subject to PLRA by The plaintiff complained that his attorney-client telephone calls and correspondence were improperly intruded upon. At 159: Krilich argues that his Fifth Amendment claim is not subject to the PLRA because it is not brought "with respect to prison conditions." Krilich …
Administrative Exhaustion in Medical Neglect Claims Discussed by The plaintiff complained of medical neglect during a period in which he was transferred among facilities; he filed two grievances and exhausted them. Defendants argued that he did not sufficiently exhaust all the occurrences at all the prisons. The court addresses a …
Article • May 15, 2007
Prison Officials Failure to Respond to Grievance Must be Raised in Lower Court by At 1085: "Prison officials' failure to timely respond to a grievance could be a basis for a prisoner to show that he exhausted 'available' administrative remedies." At 1086: "Significantly, however, we find no evidence in the …
Texas Failure to Protect, Retaliation Claims Dismissed by The plaintiff's injunctive and declaratory claims concerning failure to protect him are mooted by his transfer to another prison. At 522: "A plaintiff-prisoner may avoid dismissal of his equitable claims for mootness if he shows 'either a "demonstrated probability" or a "reasonable …
Article • May 15, 2007
Third Circuit Terminates Prison Paralegal Clinic Injunction by Prison officials moved to terminate an injunction requiring a prisoner-run law clinic. Plaintiffs conceded that there was no current and ongoing constitutional violation, but said if the judgment is terminated there will be because the defendants will shut down the clinic. At …
Article • May 15, 2007
Exposed Toilet in Maine Jail Upheld by The plaintiff alleged that he was placed in a cell where he was in the direct view of female prisoners in another cell when he performed his bodily functions. There is no evidence that any jail staff member knew that this was the …
Article • May 15, 2007
Filed under: PLRA, Physical Injury Rule
Fourteenth Amendment Claims Not Exempt from Physical Injury Requirement by The U.S. District Court for the Southern District of Iowa held that hypertension, by itself, is insufficient to satisfy the physical injury requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. §1997e(e), and that Fourteenth Amendment (equal protection) claims …
Article • May 15, 2007
"Three Strikes" Rule's "Imminent Danger" Exception Applies at Filing Time by "Three Strikes" Rule's "Imminent Danger" Exception Applies at Filing Time Joining all other circuit courts of appeals that have ruled on the question, the U.S. Second Circuit Court of Appeals ruled that the "imminent danger" exception to the "three …
Evidentiary Hearing Required Before PLRA Termination of Consent Decree by Evidentiary Hearing Required Before PLRA Termination of Consent Decrees The court of Appeals for the Eleventh Circuit has held that a district court must hold an evidentiary hearing to determine if there are current and ongoing" violations of class member's …
Article • May 15, 2007
PLRA Doesn't Apply to Mental Patients by The court of appeals for the Eighth circuit held that the Prison Litigation Reform Act (PLRA) does not apply to mental patients. Cyrill Koloctronis was found not guilty by reason of insanity of a criminal charge in 1960 and has been confined to …
Successive Injunctions Allowed Under PLRA by In a first published case on the topic, a federal district court in California has held that, under the PLRA, successive Temporary Restraining Orders (TRO) and a preliminary injunction (PI) may be entered by the Court. This is a class action suit filed by …
Article • May 15, 2007
Denial of Motion to Dismiss Not Appealable by The United States Court of Appeals for the Seventh Circuit held that the denial of a motion to dismiss for failure to exhaust administrative remedies under the Prison Litigation Reform Act (PLRA) is an interlocutory order that is not subject to appeal. …
Jail to Prison Transfer Orders Subject to PLRA Provisions by The Fifth Circuit court of appeals has held that injunctions which order the state to transfer prison-ready prisoners from a county jail to the state prison system and to refuse to accept parole violators at the jail to avoid overcrowding …
Attorney Awarded $1.50 in Fees in Nominal Damages Case by The First Circuit court of appeals has reduced an attorney fees award from $3,892.50 to $1.50; the fees were awarded to an attorney who helped a pretrial detainee win an award of nominal damages in an excessive force case. The …
Sixth Circuit Remands Hadix For Termination on Hearing by The Sixth Circuit has reversed the district court's order "terminating" the Hadix consent decree because the order did not comply with the requirements of the PLRA on termination orders, 18 U.S.C. § 3026(b). This case involves a class action civil rights …
Prison Transfer Claims Must Be Raised Under § 1983 by Prison Transfer Claims Must be Raised Under § 1983 In a sharply-worded opinion, the Seventh Circuit Court of Appeals denied in forma pauperis (IFP) status and certificates of appealability (COAs) to habeas corpus petitions dismissed by federal district courts as …
Wisconsin Prisoner Must Exhaust Administrative Remedies Before Filing Suit by The Supreme Court of Wisconsin held that under the Prison Litigation Reform Act(PLRA), a prisoner must exhaust administrative remedies before bringing an action in a circuit court. A prisoner confined at the Columbia Correctional Institution in Portage County, Wisconsin, brought …
Article • May 15, 2007
Filed under: PLRA, Physical Injury Rule
Federal Court Holds PLRA Physical Injury Requirement Applies After Release by A federal district court for the Southern District of New York has held that the Prison Litigation Reform Act's (PLRA's) "physical injury" requirement, 42 U.S.C. §1997e(e), applies to actions brought by released prisoners. This ruling conflicts with several federal …
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