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Hear Us Now? Hearing Impaired Tennessee Prisoners Secure Injunction by Under the Americans with Disabilities Act (ADA), 42 U.S.C. ch.126 § 12101 et seq., and the Rehabilitation Act, 29 U.S.C. § 701 et seq., prisoners who are deaf or hard of hearing are entitled to reasonable accommodations so they can communicate and …
Article • October 15, 2023 • from PLN October, 2023
Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question by Mark Wilson By Mark Wilson On December 27, 2022, the U.S. Court of Appeals for the Fourth Circuit vacated summary judgment issued against a North Carolina prisoner for failing to exhaust his administrative remedies, as …
Article • August 15, 2023 • from PLN August, 2023
Seventh Circuit: Cook County Jail Grievance Procedure An “Incomprehensible Trap” by Douglas Ankney by Douglas Ankney On March 16, 2023, the U.S. Court of Appeals for the Seventh Circuit ruled that the grievance procedure in Chicago’s Cook County Jail is an “incomprehensible trap,” making it effectively unavailable to a detainee …
Article • July 15, 2023 • from PLN July, 2023
Filed under: Failure to Treat, PLRA
Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus by David Reutter by David M. Reutter The U.S. Court of Appeals for the Tenth Circuit, in a mixed ruling issued on January 11, 2023, found a prisoner’s allegations satisfied the physical injury requirement of the Prison Litigation Reform …
Article • March 1, 2023 • from PLN March, 2023
Filed under: PLRA, Detainers
After Eleventh Circuit Says ICE Detainee Is Not “Prisoner” Subject to PLRA, He Goes Missing from Georgia by David Reutter by David M. Reutter On September 29, 2022, the U.S. Court of Appeals for the Eleventh Circuit held that a civil detainee in custody of federal Immigration and Customs Enforcement …
Article • November 30, 2022 • from PLN December, 2022
Ninth Circuit: Prisoner Filing a New Grievance That Makes New Claims Does Not Render Previous Grievance ‘Unexhausted’ by David Reutter by David M. Reutter In May 2022, after a ruling in his favor by the U.S. Court of Appeals for the Ninth Circuit, a former California prisoner accepted a settlement …
Article • November 30, 2022 • from PLN December, 2022
Filed under: PLRA, Dismissal
Eighth Circuit Says Judge Dismissing Claim of Federal Prisoner in Arkansas Was Premature in Counting It a PLRA ‘Strike’ by Matthew Clarke by Matt Clarke On January 12, 2022, the U.S. Court of Appeals for the Eighth Circuit said a lower court erred in declaring that a federal prisoner’s dismissed …
Article • November 30, 2022 • from PLN December, 2022
Filed under: PLRA, Dismissal
Eleventh Circuit Says No PLRA ‘Strike’ for Dismissal of Case Removed From State to Federal Court by David Reutter by David M. Reutter On January 25, 2022, the U.S. Court of Appeals for the Eleventh Circuit held that a prisoner who loses a federal lawsuit does not earn a “strike” …
Article • September 1, 2022 • from PLN September, 2022
Fifth Circuit Upholds Dismissal of Texas Prisoners’ Challenge to Pandemic Prison Conditions for Failure to Exhaust by Matthew Clarke by Matt Clarke On March 9, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a lawsuit challenging the adequacy of pandemic precautions taken by the …
Article • August 8, 2022 • from PLN August, 2022
Seventh Circuit Says No Evidence Illinois Prisoner Lied About Endangerment to Circumvent PLRA’s Three-Strikes Rule by Matthew Clarke by Matt Clarke On February 1, 2022, the U.S. Court of Appeals for the Seventh Circuit held that a district court committed clear error when it found that a severely mentally ill …
Article • May 1, 2022 • from PLN May, 2022
Filed under: Attorney Fees (PLRA)
$260,000 in Attorney Fees Awarded by California Federal Court after Finding Governing State Law Not Impacted by PLRA by David Reutter by David M. Reutter After finding the award of attorney’s fees under California’s Code of Civil Procedure is not impacted by the Prison Litigation Reform Act (PLRA), 42 U.S.C. …
Article • April 1, 2022 • from PLN April, 2022
Filed under: PLRA, Dismissal
Third Circuit Says Mixed Dismissal of Civil Rights Action Not a Strike Under PLRA by David Reutter by David M. Reutter In a ruling on September 27, 2021, the U.S. Court of Appeals for the Third Circuit held that a “mixed dismissal” of a Pennsylvania prisoner’s civil rights action does …
Article • January 1, 2022 • from PLN January, 2022
Fifth Circuit Dismisses Appeal by Mississippi Prisoner It Calls “Vexatious Litigant” by On August 9, 2021, the U.S. Court of Appeals for the Fifth Circuit held that a Mississippi prisoner who had filed at least a dozen federal lawsuits pro se since 2004 and admitted using them “against his custodians …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Injunctions (PLRA)
Eleventh Circuit: Preliminary Injunctions Have 90-Day Limit Under PLRA; Permanent Injunction Required to Extend Relief by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals held that “the entry of a permanent injunction is necessary to prevent a preliminary injunction from expiring by operation of law after …
Article • December 1, 2021 • from PLN December, 2021
Civilly Detained Sex Offender Plaintiff Proceeding In Forma Pauperis Not a Prisoner Under PLRA by The Second Circuit Court of Appeals held that “an individual detained pursuant to civil sex offender confinement statute is not a ‘prisoner’ under the PLRA.” The court directed the clerk to reimburse the appellant all …
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 …
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