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Article • May 15, 2007
Filed under: PLRA, Injunctions (PLRA)
Fifth Circuit Refuses to Order Court to Rule on Ruiz Termination by The defendants in the class action suit which lead to sweeping reforms in the Texas prison system filed a motion to terminate prospective relief a month before the PLRA was enacted. The district court responded by allowing the …
Article • May 15, 2007
Filed under: PLRA, Injunctions (PLRA)
Fifth Circuit Holds PLRA Automatic Stay Provision Constitutional by Texas prison officials filed a motion to terminate prospective relief under the PLRA. The district court ruled the automatic stay provision of the PLRA was unconstitutional and denied a subsequent motion for reconsideration by the U.S. as an intervenor. Prison officials …
Article • May 15, 2007
Prison Officials' Request for Stay Denied by The District Court, E.D. Michigan, S.D., denied a stay of relief to Michigan prison officials in a 20-year old class action suit. The defendants filed for relief under the Prison Litigation Reform Act (PLRA) seeking termination of previous court orders to provided educational …
Oklahoma Prisoner's Eighth Amendment Diet Claims Frivolous by The U.S. Tenth Circuit Court of Appeals held that an Oklahoma Department of Corrections (OKDOC) prisoner's claims regarding his diet were frivolous. Terry D. Thompson, an OKDOC prisoner serving a 2,000 year sentence at the Oklahoma State Penitentiary (OSP), sued OSP officials …
Article • May 15, 2007
Untimely Grievance Not Exhaustion of Administrative Remedies by The Eleventh Circuit Court of Appeals held a prisoner cannot claim exhaustion of administrative remedies by filing an untimely grievance and claiming further exhaustion would be futile. This 42 U.S.C. Section 1983 action was filed by a Georgia prisoner claiming Eighth and …
Article • May 15, 2007
Washington Gift Publication Ban Unconstitutional by The Ninth Circuit Court of Appeals held that a prisoner may receive books from a publisher and be paid by an outside source. Washington Prisoner Tommie Lee Stewart was refused to possess two books sent directly from the publisher and paid for by his …
Article • May 15, 2007
PLRA Exhaustion Requirement Applies to Montana Prisoners in Private Prisons by The U.S. Ninth Circuit Court of Appeals affirmed dismissal of five Montana prisoners' suits under 42 U.S.C. §1983 for failure to exhaust administrative remedies, holding that the Prison Litigation Reform Act (PLRA) requirement to exhaust administrative remedies prior to …
Lack of Economic Means Does Not Justify Failure to Exhaust State Remedies by The United States Court of Appeals for the Eighth Circuit has found that a state prisoner's alleged inability to comply with state financial requirements does not relieve him from the federal habeas corpus exhaustion doctrine. Eddie Risdal …
Sixth Circuit Vacates Dismissal of § 1983 Suit by Sixth Circuit Vacates Dismissal of § 1983 Suit The Sixth Circuit Court of Appeals, in an unpublished opinion, has vacated and remanded a Michigan District Court's grant of summary judgment to prison officials on grounds that the prisoner-plaintiff failed to exhaust …
Prisoner's Complaint Dismissed; Administrative Exhaustion Untimely; Excessive Force Not Used by Prisoner's Complaint Dismissed; Administrative Exhaustion Untimely; Excessive Force Not Used The U.S. Seventh Circuit Court of Appeals, affirming a Wisconsin federal district court, held that a state prisoner's complaint was properly dismissed where some claims were not timely exhausted …
Second Circuit Partly Reinstates Prisoner's §1983 Claims by Second Circuit Partly Reinstates Prisoner's §1983 Claims The Second Circuit Court of Appeals has reinstated parts of a New York prisoner's 42 U.S.C. §1983 claims against various staff in New York's Department of Correctional Services (DOCS). In so doing, the court reaffirmed …
Article • May 15, 2007
Oregon Court of Appeals Grants Judicial Review of Parole Decision by In this case involving the state parole board's decision to defer a prisoner's release on parole, the Oregon Court of Appeals held that the prisoner presented at least two substantial questions of law and could therefore proceed on judicial …
Article • May 15, 2007
Most of Ruiz Relief Terminated Under PLRA by Under the PLRA, the district court terminated most of the previously-ordered prospective relief aimed at correcting unconstitutional conditions in Texas prisons. Relief was terminated in areas involving prison staffing, discipline, single-cell housing for prisoners in administrative segregation, access to courts, visitation, overcrowding, …
Termination of Prospective Relief Under PLRA Constitutional by The defendants in the 30-year class-action Ruiz prison reform suit moved under the PLRA for termination of prospective relief. The district court held a hearing on the motion and denied it, ruling that the termination provisions of the PLRA unconstitutionally violated the …
Article • May 15, 2007
NJ Prisoner Can Sue County for Rape by Guard; $258,000 Verdict Affirmed by The New Jersey Supreme Court reinstated a claim against the Union County Jail (UCJ) brought by a male prisoner who was raped by a guard. The prisoner was "called out" of his cell and taken to a …
Article • May 15, 2007
Court Lists Alternatives for Prisoners Seeking In Forma Pauperis by The Seventh Circuit Court of Appeals has held the PLRA's three strikes provision for prisoners seeking in forma pauperis status is constitutional, and listed alternatives for prisoners seeking in forma pauperis status. Wisconsin prisoner William C. Lewis filed suit against …
Jail Conditions Case Remanded for Determination of "Available" Administrative Remedies by Jail Conditions Case Remanded for Determination of "Available" Administrative Remedies The U.S. Sixth Circuit Court of Appeals reversed a U.S. District Court in Kentucky for dismissing a prisoner's conditions claims without determining what administrative remedies were available. Samuel E. …
Retaliatory Keep-Lock for Assisting Prisoner with Grievance Defeats Dismissal Motion by Retaliatory Keep-Lock for Assisting Prisoner with Grievance Defeats Dismissal Motion A New York federal district Court denied prison official's motion to dismiss a prisoner's 42 U.S.C. §1983 complaint alleging retaliation assisting another prisoner with a grievance. The prisoner was …
Article • May 15, 2007
Rooker-Feldman Doctrine Bars Federal Review of Michigan Indigent Filing Fees Statute As Applied by Matthew Clarke Rooker-Feldman Doctrine Bars Federal Review of Michigan Indigent Filing Fees Statute As Applied by Matthew T. Clarke On August 31, 2004 the Sixth Circuit Court of Appeals held that an indigent Michigan state prisoner …
PLRA Exhaustion-of-Remedies Requirement Applies to Private Prison by by Matthew T. Clarke On September 8, 2004 the Sixth Circuit Court of Appeals held that prisoners incarcerated in a private prison must first exhaust the prison's administrative remedies before bringing suit under 42 U.S.C. § 1983 challenging unconstitutional prison conditions. Louis …
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