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Article • September 1, 2021 • from PLN September, 2021
Seventh Circuit: PLRA Mandates Dismissal for Deceit on IFP Application by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals held that when a prisoner deliberately misrepresents their financial status when seeking in forma pauperis (IFP)status, the Prison Litigation Reform Act (PLRA) requires dismissal. In another case …
Article • July 1, 2021 • from PLN July, 2021
En Banc Eleventh Circuit Holds Prisoners Can Seek Punitive Damages Without Physical Injury by David Reutter by David M. Reutter In a reversal of its own precedent, the Eleventh Circuit Court of Appeals held that 42 U.S.C. section 1997e(e) permits claims for punitive damages without a showing of physical injury. …
Publication • 2021
Filed under: Injunctions (PLRA)
Rethinking the PLRA - the Resiliency of Injunctive Practice and Why It's Not Enough RETHINKING THE PLRA: THE RESILIENCY OF INJUNCTIVE PRACTICE AND WHY IT’S NOT ENOUGH Allison M. Freedman* During the latter part of the twentieth century, prison populations in the United States increased exponentially and the nation became …
Brief • November 5, 2020
Agard v. Walworth County, S.D., class action settlement, jail conditions, 2020 *all Defendants signatures must be notarized *Defendants must fully execute before dismissal is filed SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Rel ease ('·Agreement") is entered into between MEGAN MARIA AGARD, CHICO BAKER, ROBERT DESERSA, KARA JAN E …
Article • September 1, 2020 • from PLN September, 2020
Supreme Court Affirms Lower-Court Dismissal of Colorado Prisoner In Forma Pauperis Actions by Derek Gilna by Derek Gilna The Prisoner Litigation Reform Act (PLRA) of 1995 barred prisoners from filing a new lawsuit “in forma pauperis (IFP),” or without payment of a filing fee, if the prisoner had previously had …
Oregon Court Holds Prison Litigation Reform Act Exhaustion Tolls Statute of Limitations by Mark Wilson by Mark Wilson On March 25, 2020 an Oregon federal court held that the statute of limitations for filing a federal civil rights action is tolled during Prison Litigation Reform Act (PLRA) exhaustion. Anthony Sam …
Armstrong, et al. v. Newsom, et al., CA, support of plaintiffs' motion for temporary restraining order, retaliation against prisoners with disabilities, 2020 Case 4:94-cv-02307-CW Document 2970-1 Filed 07/01/20 Page 1 of 151 1 DONALD SPECTER – 083925 RITA K. LOMIO – 254501 2 MARGOT MENDELSON – 268583 PRISON LAW OFFICE …
Armstrong, et al. v. Newsom, et al., CA, Temporary Restraining Order, retaliation against incarcerated people with disabilities, 2020 Case 4:94-cv-02307-CW Document 2972 Filed 07/02/20 Page 1 of 6 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 …
Armstrong, et al. v. Newsom, et al., CA, declaration in support of plaintiffs' temporary restraining order, retaliation against incarcerated people with disabilities, 2020 Case 4:94-cv-02307-CW Document 2970-1 Filed 07/01/20 Page 1 of 151 1 DONALD SPECTER – 083925 RITA K. LOMIO – 254501 2 MARGOT MENDELSON – 268583 PRISON LAW …
Armstrong, et al. v. Newsom, et al., CA., Plaintiffs' Notice of Ex Parte Motion for Temporary Restraining Order, retaliation against incarcerated people with disabilities, 2020 Case 4:94-cv-02307-CW Document 2970 Filed 07/01/20 Page 1 of 24 1 DONALD SPECTER – 083925 RITA K. LOMIO – 254501 2 MARGOT MENDELSON – 268583 …
Article • March 15, 2020
Federal Circuit Affirms Dismissal of Prisoner's Non-Prison Lawsuit Under PLRA's 3-Strikes Rule, Even Though Unrelated to Prison Conditions by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of a Native American prisoner’s lawsuit against the United States involving Indian affairs, citing …
Article • February 4, 2020 • from PLN February, 2020
Filed under: PLRA, Appeals
Third Circuit: Failure to Make PLRA Findings Moots Appeal by David M. Reutter by David M. Reutter The Third Circuit Court of Appeals held that a district court’s failure to make findings as to the Prison Litigation Reform Act’s (PLRA) “needs-narrowness-intrusiveness criteria” mooted all injunctive enforcement actions that occurred 90 …
Brief • January 2, 2020
Pina v. County of Los Angeles, CA, Order Granting Summary Judgment, Sexual Assault by Guard, 2020 se 2:18-cv-08149-DMG-PLA Document 53 Filed 01/02/20 Page 1 of 17 Page ID #:724 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 …
Article • December 10, 2019 • from PLN December, 2019
PLRA Does Not Prevent In Forma Pauperis Appeal of Case that Resulted in Third Strike by Matthew Clarke by Matt Clarke On July 18, 2019, the Fourth Circuit Court of Appeals held that the Prison Litigation Reform Act (PLRA) does not prohibit a prisoner from being granted in forma pauperis …
Article • December 9, 2019 • from PLN December, 2019
Seventh Circuit Reverses Two PLRA Dismissals for Failure to Comply with Court Forms by Edward Lyon by Ed Lyon On August 13, 2019, the Seventh Circuit Court of Appeals, in a consolidated ruling, vacated the dismissals of two lawsuits based on the Prison Litigation Reform Act (PLRA). The PLRA contains …
G.H., a minor, through Henry, et al. v. Marstiller, TN, order, children in solitary confinement, 2019 Case 4:19-cv-00431-MW-MJF Document 22 Filed 12/06/19 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION G.H., a minor, by and through his parent and legal guardian, Gregory …
Article • October 13, 2019
Sixth Circuit Defines ‘Serious Physical Injury’ for 28 U.S.C. § 1915(g) Purposes by Douglas Ankney by Douglas Ankney  The U.S. Court of Appeals for the Sixth Circuit has defined the term “serious physical injury” in the text of 28 U.S.C. § 1915(g). Michael Gresham is a state prisoner serving a …
Article • September 28, 2019
Sixth Circuit Defines ‘Serious Physical Injury’ for 28 U.S.C. § 1915(g) Purposes by Douglas Ankney by Douglas Ankney  The U.S. Court of Appeals for the Sixth Circuit has defined the term “serious physical injury” in the text of 28 U.S.C. § 1915(g). Michael Gresham is a state prisoner serving a …
Brief • September 19, 2019
Graves v. Penzone, AZ, Order, Jail Conditions and Care, 2019 Case 2:77-cv-00479-NVW Document 2525 Filed 09/19/19 Page 1 of 24 1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 Fred Graves, Isaac Popoca, on their own behalf …
Article • June 4, 2019 • from PLN June, 2019
Filed under: PLRA, Attorney Fees (PLRA)
PLRA Attorney Fee Award Discussed after Oklahoma Jail Prisoner Awarded $35,001 by Derek Gilna by Derek Gilna James Jordanoff, a former pre-trial detainee at the Cleveland County Detention Center in Oklahoma, won a $35,001 judgment following a jury trial based on a First Amendment retaliation claim against ex-guard Josh Coffey.  …
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