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Article • May 15, 1999 • from PLN May, 1999
Individual Legislators May Intervene to Terminate Prison Suits by Individual Legislators May Intervene To Terminate Prison Suits by Matthew Clarke The court of appeals for the Fifth Circuit held that, under the Prison Litigation Reform Act (PLRA), individual state legislators could intervene in prison release litigation. In 1972, David Ruiz, …
Jury Awards $2.3 Million for Slain San Quentin Prisoner, State Settles for $2.5 Milliion by Willie Wisely by W. Wisely On Monday, November 30, 1999, a federal jury awarded more than $2.3 million in damages to the family of a prisoner shot to death by a San Quentin guard. The …
Utah Jail Censorship Suit Settled for $68,682 by On October 28, 1998, a class action suit challenging various censorship rules at the Davis County Jail in Utah was settled for $11,682 in damages and $57,000 In attorney's fees. In 1995 the Davis County Jail enacted policies banning books, newspaper clippings …
County Bankruptcy Tolls FRCP 4(m) by The court of appeals for the Ninth Circuit held that a county's bankruptcy proceedings tolled Federal Rule of Civil Procedure (FRCP) 4(m) which gives plaintiffs 120 days in which to serve defendants with the lawsuit. In 1995 Gordon De Tie sued Orange County, California, …
Article • May 15, 1999 • from PLN May, 1999
Consenting to Have Magistrate Conduct Trial Not Waiver to Right to Jury Trial by The Fifth Circuit court of appeals held that a pro se prisoner who signed a consent to have a magistrate judge conduct his trial did not knowingly waive his right to a jury trial. Kevin Jennings, …
Article • May 15, 1999 • from PLN May, 1999
District Court Can't Dismiss Appeal for Failure to Pay Filing Fee by The court of appeals for the Seventh circuit held that district courts lack the statutory authority to dismiss appeals due to a party's failure to pay the filing fee. Earl Sperow, an Illinois state prisoner, filed a lawsuit …
Article • May 15, 1999 • from PLN May, 1999
Corcoran Shooting Death Suit Settled for $825,000 by On November 10, 1998, the California Department of Corrections (CDC) settled a lawsuit involving the 1994 shooting death of prisoner Preston Tate for $825,000. Tate, a black gang member, was in the Corcoran prisons Security Housing Unit (SHU) when guards placed him …
New Jersey Porn Ban Struck Down by In two separate rulings a federal court in New Jersey held that a New Jersey statute prohibiting imprisoned sex offenders from receiving or possessing sexually oriented materials was unconstitutional. The two rulings consist of a preliminary injunction and a permanent injunction enjoining the …
$4,000 Awarded to Paraplegic Prisoners Segregated Under Improper Conditions by The Eighth Circuit court of appeals held that the administrative segregation prison conditions two paraplegic prisoners were subjected to were unconstitutional and upheld a total award of $4,000 in compensatory damages. Bobby Franklin Simmons and Ricky Lee Marshall (plaintiffs), two …
Michigan Department of Corrections Fined $300,000 in Contempt Case by On July 23, 1998, a federal court in Michigan imposed contempt sanctions against the Michigan Department of Corrections for its failure to comply with previous court orders. This is the latest installment in the decades long suit filed by women …
Article • April 15, 1999 • from PLN April, 1999
PLRA Exhaustion Requirement Not Retroactive by The court of appeals for the Ninth circuit held that the administrative remedies exhaustion provision of 42 U.S.C. § 1997e(a), as amended by the PLRA, does not apply retroactively to prisoner actions filed prior to its enactment date of April 26, 1996. The court …
PLRA Doesn't Ban Class Actions by A federal district court in Georgia held that the Prison Litigation Reform Act (PLRA) does not ban class action suits by prisoners. In the October, 1998, issue of PLN we reported the Georgia DOC's settlement of a class action suit involving the beating and …
Article • April 15, 1999 • from PLN April, 1999
No Leave to Amend Complaint for IFP Litigants by In an important procedural ruling, the court of appeals for the Ninth circuit held that the Prison Litigation Reform Act (PLRA) had overruled prior circuit rulings requiring that In Forma Pauperis (IFP) litigants be given an opportunity to amend their complaints …
Article • April 15, 1999 • from PLN April, 1999
BOP Violent Offender Notification Policy Overinclusive by The court of appeals for the Third Circuit held that a conviction for simple possession of a weapon by a convicted felon is not a "crime of violence" within the scope of 18 U.S.C. section 4042(b), a law which requires federal prison officials …
Article • April 15, 1999 • from PLN April, 1999
Seizure of Trust Account Interest Violates Takings Clause by The Court of Appeals for the Ninth Circuit held that prisoners possess a constitutionally protected property interest in the interest earned on prisoner trust accounts. The California Department of Corrections, (CDC), has established two separate types of trust accounts that prisoners …
Denial of Handicapped Jail Facilities Set for Trial by The court of appeals for the Ninth circuit held that a handicapped detainee was entitled to a trial to prove jail conditions were unconstitutional in light of his disability. On remand, the lower court was instructed to consider whether the plaintiff …
$250,000 FTCA Beating Judgment Reversed by The court of appeals for the Eleventh Circuit held that the discretionary function exception to the Federal Tort Claims Act (FTCA) shields the United States from liability for injuries sustained by a federal prisoner, as a result of an attack by another prisoner. A …
Article • April 15, 1999 • from PLN April, 1999
PLRA Fee Provisions Apply to All Pending Cases in the Fifth Circuit by The court of appeals for the Fifth circuit held that 28 U.S.C. § 1915(a), which requires that prisoners ultimately pay all filing fee costs, applies retroactively to cases filed before the PLRA's enactment, if they are still …
Medical Care Unconstitutional in Puerto Rico Prisons by Medical Care Unconstitutional In Puerto Rico Prisons A federal court in Puerto Rico has held that the lack of medical care in the Puerto Rican prison system is unconstitutional. This is a class action under 42 U.S.C. § 1983 brought by Puerto …
Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles by The court of appeals for the Eighth Circuit held that there was sufficient evidence that the county's policies regarding the housing of juvenile detainees, resulted in overcrowding, which led to a juvenile being beaten, raped …
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