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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 …
Absurdity Exception Applied to PLRA Attorney Fee Cap in Pre-incarceration Claim by The Tenth Circuit Court of Appeals has held that the attorney's fees of the Prison Litigation Reform Act (PLRA) does not apply to prisoner lawsuits arising before their incarceration. The Civil Rights Action, filed by Ralph Robbins, sought …
Ad Seg for Death-Eligible Detainee Is Unconstitutional by A federal court in Puerto Rico held that confinement of a federal pretrial detainee in segregation solely because he faced the death penalty was unconstitutional punishment. It also held that the exhaustion requirement of the Prison Litigation Reform Act, (PLRA) was inapplicable …
Dismissal, Strike in Prisoner's §1983 Suit Partly Reversed by Dismissal, Strike in Prisoner's §1983 Suit Partly Reversed The U.S. Seventh Circuit Court of Appeals, partly reversing the U.S. District Court, Central District of Illinois, held that a prisoner could bring a civil rights suit for demotion in job status and, …
9th Circuit Reversed SJ for Non-Exhaustion by In an unpublished opinion, the Ninth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials for a prisoner's purported non-exhaustion. Nevada prisoner John Auer brought suit, alleging excessive force, retaliation and denial of access to the courts …
NY SHU Conditions Case Dismissed Under Physical Injury Rule by Pushing the plaintiff into his SHU cell after he unzipped his pants and turned around to face the officers, and at one point raised his fist, did not violate the Eighth Amendment even though his head struck the wall giving …
Brutality Claim Set for Trial by The plaintiff complained of failure to protect from inmate assault, excessive force, and retaliation for his successful appeal of a protective custody placement. The failure to protect claim is dismissed for non-exhaustion even though the plaintiff alleged that he did not file grievances because …
Suit Over NY Protective Custody Conditions Dismissed by The plaintiffs complained of conditions in protective custody. They could not represent a class because they were proceeding pro se. The case is dismissed for non-exhaustion. Even if one plaintiff's letters of complaint were adequate to exhaust (which they probably are not), …
Article • May 15, 2007
Some Damages Allowed in Visiting Suit by Plaintiffs are visitors and prisoners who were involved with staff in an altercation in the jail. They withdrew their claim of "psychiatric injuries," and defendants then claimed they could recover only nominal damages absent physical injury. The court concludes that the plaintiffs have …
Retaliation Claim Doesn't Require Exhaustion by A complaint of individualized retaliatory action is not a prison conditions claim requiring exhaustion of administrative remedies. At 185: "The plain language of 'prison conditions' suggest those aspects of prison life affecting the entire prison population, such as the food, medical care, recreational facilities, …
Retaliatory Transfer, Arm Smashing by Guards, Denial of Care State Claim by The plaintiff complained that an officer intentionally smashed his hand and arm in the food slot in his cell door, and then denied him medical care. He recounted a second incident of the same nature, plus additional incidents …
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