Skip navigation

Search

203 results
Page 3 of 11. « Previous | 1 2 3 4 5 6 7 8 9 10 11 | Next »

Congress Must Act to Protect Young Detainees from Abuse by Marian Edelman by Marian Wright Edelman Posted May 19, 2008 In recent years, the Children's Defense Fund has received horrifying reports of the physical and sexual abuse of children and teens in juvenile correctional facilities. There are accounts of children …
Tennessee Court Enjoins Prisoner's Litigation by The court publishes its order re filing fees, finds the case frivolous, declares the plaintiff subject to the three strikes rule, and then imposes a requirement that she seek leave of court to file any future actions The court says that 1915(g) has lowered …
Article • May 15, 2008
BOP Early Release Suit Subject to PLRA by The Bureau of Prisons' determination that petitioner is ineligible for early release is something that happened at the prison rather than a continuation of the criminal case, so the PLRA applies, rather than habeas rules. The petitioner filed a notice of appeal. …
A Pursuit of Prisoners’ Health and Safety A conversation with Elizabeth Alexander, director of the ACLU’s National Prison Project by Todd Matthews A Pursuit of Prisoners' Health and Safety: A conversation with Elizabeth Alexander, director of the ACLU's National Prison Project by Todd Matthews Thirty-seven years ago, Elizabeth Alexander graduated …
Article • January 15, 2008
3 Strikes And You’re Out - Usually by 3 Strikes And You're Out -- Usually In 2004, Anthony Williams, a Pennsylvania state prisoner, sued a number of guards in a federal district court. He claimed, among other things, that they weren't treating his terminal disease. Williams had three prior suits …
Article • September 15, 2007 • from PLN September, 2007
Collection-Rate of Appellate Costs Taxed to Prisoner Reduced to Rate for PLRA Filing-Fees by John Dannenberg by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals held that the payment of $1,619 in costs owed to Michigan state by an unsuccessful prisoner litigator could not be deducted from his …
PLRA Applies to Private Prisons by Upholding a Tennessee federal district court, the U.S. Sixth Circuit Court of Appeals ruled as meritless and frivolous a Wisconsin prisoner's suit against the Corrections Corporation of America (CCA). Jerald Treat, a Wisconsin prisoner incarcerated at the CCA-owned and operated Whiteville Correctional Facility (WCF) …
Article • May 15, 2007
PLRA Not Applicable In Habeas Cases by The United States District Court for the Western District of Tennessee held that the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C. § 1915, did not apply to habeas corpus petitions filed pursuant to 28 U.S.C. § 2241. Mahamadou Sillah, a native …
Article • May 15, 2007
PLRA Filing Fees Prioritized on Prisoner Debt List by The plaintiff couldn't pay the initial filing fee because his money was taken for restitution, victim witness surcharge, and medical co-pay. The statute says that the initial fee is to be collected when funds "exist." Prison officials are therefore required to …
Article • May 15, 2007
PLRA Filing Fees Don't Apply to Immigration Detainees by At 885-86: . . . [T]he filing fee provisions of the PLRA, . . .do not apply to an alien detainee who proceeds in forma pauperis to petition for review from a BIA decision, so long as he does not also …
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 …
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 …
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 …
Article • May 15, 2007
Filed under: PLRA, Filing Fees (PLRA)
Multiple Prisoner Plaintiffs Can Split Filing Fee by In a multi-plaintiff case, defendants moved to make each plaintiff pay the entire filing fee, relying on Hubbard v. Haley. The court points out that Hubbard doesn't support their position, since it holds that the PLRA repeals the joinder provisions of the …
Article • May 15, 2007
Filed under: PLRA, Filing Fees (PLRA)
Trial Court Abuses Discretion in Dismissed Suit over Filing Fee Payment by The plaintiff neither signed an authorization form authorizing deduction of filing fees from his account nor withdrew the action within the 20 days allowed; the court dismissed without prejudice. The order is appealable even though dismissals with prejudice …
Article • May 15, 2007
Abuse of Discretion Applied to PLRA Frivolous Dismissals by Under 28 U.S.C. § 1915A(b)(1), dismissals for factual frivolousness are mandatory rather than discretionary, and dismissal is without prejudice. The statute doesn't say without prejudice, but the implication is clear, since it applies to all prisoner suits, not just IFP suits. …
Article • May 15, 2007
Filed under: PLRA, Filing Fees (PLRA)
Suit Dismissed for Failing to Pay Initial Filing Fee by Plaintiff was assessed an initial fee, didn't pay, and now says that because he didn't pay, prison officials have no authority to take installment payments from him. Wrong. At 952: "The Prison Litigation Reform Act (PLRA) makes prisoners responsible for …
Challenge to BOP Denial of Pre Sentence Reports Must Be Brought As Civil Suit by The plaintiff, under the case number and caption of his 25-year-old criminal case, filed a motion challenging the Bureau of Prisons' policy forbidding inmates from retaining possession of their pre-sentence reports in their cells. At …
Article • May 15, 2007
No Counsel Appointed in PLRA Filing Fee Suit by The plaintiff alleged that the defendants improperly applied the PLRA filing fee procedure to freeze his account entirely when he had five filing fees to pay, i.e., taking 100% of his funds rather than the one filing fee and one cost …
Page 3 of 11. « Previous | 1 2 3 4 5 6 7 8 9 10 11 | Next »