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Wyoming Federal Court Awards Attorney $18,000 for Compliance Monitoring by Michael Rigby On March 9, 2006, the U.S. District Court for the District of Wyoming awarded $16,200.50 in enhanced fees plus $2,105.28 in costs to an attorney for time spent monitoring compliance with remedial measures at the Carbon County (Wyoming) …
Article • January 15, 2006 • from PLN January, 2006
Wisconsin Must Install Air Conditioning in Supermax by The Seventh Circuit Court of Appeals affirmed a district court order requiring prison officials to take immediate steps to air condition the cells of Wisconsin's supermax prison. In 2000, two prisoners confined in the Supermax prison in Boschobel, Wisconsin brought suit alleging …
Article • November 15, 2004 • from PLN November, 2004
Fifth Circuit Affirms Termination of Guajardo (Texas Prison Mail) Suit by By Matthew T. Clarke On March 16, 2004, the Fifth Circuit issued a per curiam opinion affirming the district court's termination of the 20-year-old consent decree which had regulated prisoner mail in the Texas Department of Criminal Justice (TDCJ). …
Brief • December 30, 2003
Brooks v. WDOC, WA, Order dismissing case due to settlement, PLRA, 2003 , ~. '. lICK 13:1U FAX' 12/15/03 ~ . 1 ·1-·~:3::~\· 2 3 , 4 . lf1i1S'Nr~~&em:fT~ ---- , 1 'Iha HBS1O&'8b1e ROBBRT J. BRYAN 8 . 9 10 . 11 1JNlTBD STATES DI8TIlIC1'COYlR.T WESrBRNDJ8nu;crOJlWASBINGTON AT TACOMA. . …
Brief • December 19, 2003
Brooks v. WDOC, WA, Settlement, PLRA, 2003 aU '18/03 : .. .lION 13:18 PAX . ""004 RELEASE (IORT) FOR Al'ID .iN OONSJDBRA11ON of tho sum of l"wmty-Bitdlt Thousand and No/lOOtbs . Dollars lS28.000.00) 8IlCl--'~S ~ of medUdion tees In the amount of Pive Huodo:d ~Plve imd NoIIOOtbs Dellms ($595.00), Poly …
$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, …
Article • June 15, 2003 • from PLN June, 2003
Guajardo (Texas Prison Mail) Suit Dismissed by by Matthew T. Clarke On September 24, 2002, a federal district court in Texas dismissed the long-standing class-action lawsuit which has governed the mail system in Texas prisons for twenty-five years. The Guajardo suit resulted in three published opinions (432 F.Supp. 1373, 580 …
Washington Women's Medical Care Consent Decree Ended by The Ninth Circuit Court of Appeals upheld a district court's refusal to extend the terms of a consent decree under the Prison Litigation Reform Act (PLRA). The court also held that the district court improperly declined to consider plaintiffs' motion for contempt. …
Prisoner Rights Litigation, John R. Williams, 2003 PRISONER RIGHTS LITIGATION John R. Williams 51 Elm Street New Haven, CT 06510 203.562.9931 Fax: 203.776.9494 E-Mail: jrw@johnrwilliams.com Because prisoners do not forfeit all civil rights upon conviction, other actions under Section 1983 also are available even to sentenced inmates. There is no …
All California Prisoners Win Upgraded Medical Care by John E Dannenberg by John E. Dannenberg On January 25, 2002, the California Department of Corrections (CDC) entered into a settlement in a class action lawsuit that will upgrade medical care for 157,000 prisoners at all 33 California state prisons. Following the …
PLRA Constitutional, Most of Ruiz Relief Terminated in Texas Suit by The Fifth Circuit Court of Appeals has upheld the constitutionality of the termination provisions of the PLRA, 18 U.S.C. § 3626. On remand, the district court terminated most of the relief previously ordered in the Ruiz case. This involves …
Article • January 15, 2002 • from PLN January, 2002
Prisoners Entitled to Hearing Before Consent Decree Termination by John E Dannenberg by John E. Dannenberg The U.S. District Court's (D.N.H.) PLRA based termination of a 1975 New Hampshire state prison consent decree was vacated and remanded to permit the prisoners an opportunity to demonstrate if there were any "current …
Article • January 15, 2002 • from PLN January, 2002
Iowa Law Library Consent Decree Terminated Under PLRA by A federal district court in Iowagranted prison officials' motion for termination of a consent decree requiring the maintenance of law libraries, pursuant to the Prison Litigation Reform Act, (PLRA). In 1973 Charles Martin, a prisoner of the Iowa State Penitentiary (ISP), …
South Dakota Prison Conditions Class Action Settled by The federal district court in South Dakota has dissolved a state prison conditions consent decree and approved a class action settlement, ending two decades of litigation. State prisoners filed a §1983 suit challenging prison conditions, certified as a class action in 1982. …
Article • July 15, 2001 • from PLN July, 2001
Private Jail Settlement Not a Consent Decree under PLRA by John E Dannenberg by John E. Dannenberg The United States District Court, Eastern District of CA, held that a "private settlement" agreement to cap the El Dorado (California) County jail population was not a "consent decree" as defined in the …
Federal Court Partially Terminates New York Jail Consent Decree Relief by by Matthew T. Clarke A federal district court in New York has terminated consent decree relief for New York City Jail prisoners with respect to restrictive housing due process, prisoner correspondence, and law libraries, while leaving intact the consent …
Article • May 15, 2001 • from PLN May, 2001
PLRA Vacated Consent Decrees Can't Be Enforced in State Court by PLRA Vacated Consent Decrees Can't be Enforced in State Court The court of appeals for the Eighth circuit held that consent decrees terminated under the Prison Litigation Reform Act (PLRA) cannot be enforced as private contracts in state court. …
Ninth Circuit Requires Evidentiary Review Before Terminating Old Consent Decree Under PLRA by by John E. Dannenberg The US Court of Appeals for the Ninth Circuit reversed the district court's termination of prospective relief under two long-standing consent decrees at San Quentin State Prison and remanded with directions to hold …
Article • January 15, 2001 • from PLN January, 2001
U.S. S.Ct. Upholds PLRA Automatic Termination Law by On June 19, 2000, a divided U.S. supreme court upheld the constitutionality of 18 U.S.C. § 3626(e)(2). In 1996 congress enacted the Prison Litigation Reform Act (PLRA). Among the PLRA's provisions are 18 U.S.C. § 3626(b)(2) which allows for the "immediate termination" …
Article • May 15, 2000 • from PLN May, 2000
PLRA Applies to Prospective Relief; Fees Are Not Prospective Relief by A federal court in Florida held that a provision of the Prison Litigation reform Act (PLRA) automatically staying enforcement of prospective relief under consent decrees applies only to prospective relief engendered within the consent decree, and not to the …
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