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Article • May 15, 2007 • from PLN May, 2007
Missouri Elective Abortion Ban Ruled Unconstitutional In Class Action by A federal court in Missouri held in a class action lawsuit that a prison policy barring elective abortions was unconstitutional and invalid. The Missouri Department of Corrections (DOC) and its medical provider, Correctional Medical Services (CMS), routinely transported women prisoners …
U.S. Supreme Court: Failure to Exhaust Remedies Is an Affirmative Defense Under the PLRA by John Dannenberg by John E. Dannenberg A unanimous U.S. Supreme Court held on January 22, 2007 that when a prisoner files an action governed by the Prison Litigation Reform Act (PLRA), the question of whether …
Article • May 15, 2007
Jail Vermin States Claim by The court of appeals for the Eighth circuit, sitting en Banc, held that a Missouri jail prisoner had stated a constitutional claim because he was held in a six foot by six foot cell for 72 hours at a time and allowed only one fifteen …
Article • May 15, 2007
PLRA Controls Hourly Rate of Attorney Fees by The U.S. District Court for the Southern District of Ohio held that the maximum hourly rates for attorney fees in prison litigation is controlled by the Prison Litigation Reform Act (PLRA), and the rate for Ohio had not been increased by the …
Article • May 15, 2007
Dismissed Suits by Prisoners Liable for Filing Fees Under §1915(g) by Dismissed Suits by Prisoners Liable for Filing Fees Under §1915(g) The U.S. Sixth Circuit Court of Appeals held that a state prisoner filing a civil rights complaint that is subsequently dismissed under the "three-strikes provision" of 28 U.S.C. § …
Article • May 15, 2007
No Permanent Injury Requirement in Excessive Use of Force Claim by No Permanent Injury Requirement In Excessive Use Of Force Claim The U.S. Court of Appeals for the Fifth Circuit held that the infliction of numerous small cuts and bruises on a prisoner was sufficient to establish injury in Eighth …
Article • May 15, 2007
Jail Grievance Procedure Not Available to New York State Prisoner by A federal court in New York held that a prisoner who was transferred from a jail to prison prior to bringing an action against jail officials did not fail to exhaust available administrative remedies, because the jail's grievnace procedure …
No Immediate Appeals for Injunction Clarifications by by Matthew T. Clarke This appeal involves the latest round in a Byzantine conditions-of-confinement class-action civil rights suit by Puerto Rico prisoners which has been pending since 1979. At issue was the transition of the prisoner health care system from the jurisdiction of …
PLRA Requires Prisoner 1983 Complaints to Plead Administrative Exhaustion by The U.S. Court of Appeals for the 6th Circuit recently held that the Prison Litigation Reform Act (PLRA) requires prisoner civil complaints under 42 U.S.C. 1983 to allege the prisoner exhausted all administrative remedies before suing or suffer dismissal of …
Participation in Internal Affairs Investigation Doesn't Satisfy PLRA Exhaustion by The Ninth Circuit Court of Appeals held that participation in an internal affairs investigation is not sufficient to satisfy the Prison Litigation Reform Act (PLRA) exhaustion requirement. Prisoners must utilize the internal grievance procedures. In 1998, Robert Panaro was a …
Illinois Prisoner's Suit Dismissal Affirmed, Strike Reversed by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court, Central District of Illinois, held that state prison rules did not create a liberty interest in minimum-security and work-release placement and Illinois law did not create a reasonable expectation of …
WI PLRA Allows Access to Release Account Funds by A Wisconsin appeals court held that the state's Prison Litigation Reform Act (PLRA), Wis. Statute 801.02(7), allows access to funds in prisoners' release accounts. The court further held that if a prisoner has filed three frivolous actions in either state or …
Article • May 15, 2007
Celling Non-Smoker with Smoker Negligence, Not Constitutional Claim by Affirming a federal district court in Michigan, the U.S. Sixth Circuit Court of Appeals upheld dismissal of a state prisoner's 42 U.S.C. §1983 suit for failure to state a claim. Michigan Department of Corrections (MDOC) prisoner Maurice Taylor, incarcerated at Brooks …
WI Release Fund Can Be Used to Pay Filing Fee by A federal district court in Wisconsin held that a Wisconsin state prisoner transferred to a private prison in Tennessee cannot have funds from his release account transferred to his general trust account. The release account is created under a …
Article • May 15, 2007
Wisconsin: PLRA Does Not Apply to Out of State Prisoners by A Wisconsin appellate court held that a Wisconsin prisoner held at a private out-of-state prison or jail is not a "prisoner" as defined by Wisconsin's Prison Litigation Reform Act (PLRA). First, the court determined that the definition of "correctional …
Retaliation Claim Does Not Precede Exhaustion of State Administrative Remedies by The U.S. Second Circuit Court of Appeals on remand from the U.S. Supreme Court determined that a prisoner's retaliation claim was required to be preceded by exhaustion of state administrative remedies. Robert Lawrence, a prisoner at Otisville State Prison …
Article • May 15, 2007
Prisoner Need Not Surrender Amenities to Proceed In Forma Pauperis by The Third Circuit Court of Appeals held that prisoners seeking in forma pauperis status need not deprive themselves of the small amenities of life they are permitted to acquire in prison. This action was filed by a Pennsylvania prisoner …
PLRA: Exhaustion Of Nonexistent Administrative Remedies Not Required by The United States District Court for the District of Colorado held that class certification for prisoners suing a county jail for unconstitutional mental health care was inappropriate, and that the prisoners were not required to exhaust administrative remedies pursuant to the …
Environmental, Sanitary Problems Violate Due Process by The U.S. District Court for the Southern District of New York held that certain jail conditions violated pretrial detainee's due process rights. Pursuant to the Prison Litigation Reform Act (PLRA), the New York City Department of Corrections petitioned for immediate termination of consent …
Article • May 15, 2007
Filed under: PLRA, Attorney Fees (PLRA)
PLRA Attorney Fee-Award Criteria "Directly Incurred" and "Degree Of Success" Explained by John Dannenberg PLRA Attorney Fee-Award Criteria "Directly Incurred" and "Degree Of Success" Explained by John E. Dannenberg After a successful jailhouse lawyer retaliation suit (see: PLN, March '03, p.20, $90,169 Plus Injunction In California Retaliation Suit), prison official …
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