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Attorney Fees Awarded for Opposing Motion to Vacate by The court of appeals for the fifth circuit affirmed a district court's award of almost $38,000 in attorney fees to class counsel for opposing a jail defendant's motion to vacate a consent decree. In 1978 prisoners at the Madison County jail …
Article • October 15, 1996 • from PLN October, 1996
Attica: Looking Back 25 Years by Jaan Laaman [Editor's Note: Jaan Laaman, Ohio-7 political prisoner, served time at Attica in 1971 and is currently incarcerated at U.S.P. Leavenworth. Due to a shooting and prison lockdown, this 25-year anniversary article is being published a month late. The Attica uprising occurred in …
Article • October 15, 1996 • from PLN October, 1996
Filed under: PLRA, Attorney Fees (PLRA)
Correction by In the July, 1996, issue of PLN we reported Prison Litigation Reform Act Passed. On page three we incorrectly stated that the PLRA limits attorney fees to $40 an hour for out of court work. The PLRA limits attorney fee recovery to 150% of the amount set in …
Cause of Action Accrues on Disciplinary Reversal by The court of appeals for the second circuit held that the statute of limitations for a § 1983 action does not begin to run until a prisoner has successfully challenged the disciplinary hearing in state court. Theodore Black is a New York …
Article • October 15, 1996 • from PLN October, 1996
No Right to Assistance in Family Law by The court of appeals for the sixth circuit held that prison officials are under no obligation to provide prisoners with the assistance of counsel in child custody cases. This is the latest installment in the ongoing saga of Glover v. Johnson, a …
Retaliation for Grievance Committee Participation Requires Trial by A federal district court in New York held that a prisoner who serves on a prison grievance committee cannot be retaliated against for assisting other prisoners in filing grievances. Jeffrey Alnutt, a New York state prisoner, filed suit claiming his first amendment …
No FLSA Protection for Work Release Prisoners by The court of appeals for the fifth circuit held that neither the Federal Fair Labor Standards Act (FLSA) nor Louisiana law offered relief to a work release prisoner challenging a contractual provision requiring he contribute ten percent of his net earnings to …
Alleged Work Refusal Requires Trial by The court of appeals for the second circuit held that a district court erred when it disregarded a prisoner plaintiff's affidavit that he had not refused a work assignment. The court also declined to decide whether state prisoners have a federal liberty interest when …
Missouri Haircut Rule Upheld under RFRA by Missouri Haircut Rule Upheld Under RFRA The court of appeals for the eighth circuit reversed a federal district court ruling which had held that a Missouri DOC rule requiring prisoners to have short hair and banning sweat lodges violated the Religious Freedom Restoration …
Article • October 15, 1996 • from PLN October, 1996
Prisoner Testimony Must Be Considered in Spears Hearing by The court of appeals for the fifth circuit held that a district court abused its discretion when it heard a prisoner's testimony during a Spears hearing and then disregarded it and dismissed the complaint. Danny Eason, a Texas state prisoner, filed …
Article • October 15, 1996 • from PLN October, 1996
Complaint Can't Be Dismissed if Partial Filing Fee Paid by The court of appeals for the second circuit held that district courts cannot require indigent litigants to pay a partial filing fee and then dismiss their complaints as frivolous under 28 U.S.C. § 1915(d). Jerry Hughes, a New York state …
Fifth Circuit Applies New Standard to Detainee Claims by The court of appeals for the fifth circuit has significantly weakened the constitutional protections afforded pretrial detainees by adopting a new standard affording significantly less protection than prior supreme court decisions had mandated. Haley Hare committed suicide while in the Corinth, …
Evidence Required for Disciplinary Sanction, Sandin Questioned by A federal district court in Indiana refused to dismiss a prisoner's habeas corpus petition challenging his disciplinary segregation because it was not clear what constituted a deprivation sufficient to invoke due process. A hearing officer's failure to indicate the evidence relied on …
Article • October 15, 1996 • from PLN October, 1996
MCC Settlement Upheld by The court of appeals for the seventh circuit held that a district court properly approved a settlement agreement dismissing a prison conditions class action suit over the objections of numerous plaintiffs. In 1991 prisoners at the Maximum Control Complex (MCC) in Indiana filed suit challenging numerous …
Article • October 15, 1996 • from PLN October, 1996
Plaintiff Entitled to Respond to Qualified Immunity Defense by The court of appeals for the fifth circuit held a district court improperly dismissed a prisoner's civil rights complaint when it did not allow the plaintiff to respond to the defendants' qualified immunity defense. Donald Todd, a federal prisoner, filed suit …
Article • October 15, 1996 • from PLN October, 1996
Filed under: News, News in Brief
News in Brief by AL: Gabel Taylor was shot and killed on July 18, 1996, after winning a bible knowledge contest. Taylor and his killer were comparing their knowledge of the bible. When Taylor won his opponent became angry, left, returned with a gun and shot him. CA: On August …
Article • October 15, 1996 • from PLN October, 1996
Unrest in South American Prisons by Brazil On February 3, 1996, a specialized military police unit killed two prisoners and wounded another in a Sao Paulo police station after putting down a rebellion by 127 prisoners protesting a lack of water at the facility. "It's not normal" to shoot protesting …
Article • October 15, 1996 • from PLN October, 1996
Prisoners May Be Allowed to Lead Religious Services by A federal district court in Pennsylvania ruled that a prison rule prohibiting prisoners from leading religious services may be unconstitutional. Four Muslim prisoners in a Pennsylvania state prison filed suit challenging a prison rule which prohibited prisoners from leading religious services. …
Article • October 15, 1996 • from PLN October, 1996
Parolee's Jail Rights Discussed by The court of appeals for the fifth circuit addressed, for the first time ever, the question of what rights are retained by a parolee who is charged with a crime and is also held on a detainer. Steven Hamilton was on parole for various sex …
Texas Shaving Rule Declared Illegal by A federal district court in Texas ruled that a prison rule requiring prisoners be clean shaven violated a Muslim prisoner's religious rights and enjoined the rule. Johnson Lewis, a Texas state prisoner and a Muslim, filed suit claiming that prison regulations requiring that all …
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