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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 …
Article • May 15, 2007
Denial of Vegan Diet Meets PLRA's Physical Injury Requirement by An Illinois federal district court has held that a prisoner's allegation that he was deprived of a vegan diet meets the physical injury requirement under the Prison Litigation Reform Act (PLRA). Illinois prisoner Stanley Wofford brought suit under the Religious …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for by Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the …
California Prisoner Wins Ban on Dungeons and Dragons; Attorney Fees Awarded by Kevin Bruce, a California state prisoner won a lawsuit in federal district court challenging the constitutionality of Folsom Prison's ban on the possession of material associated with the game Dungeons and Dragons (D & D). As a result, …
Article • May 15, 2007
Pennsylvania Prisoner Not Required to File Grievance Before Suing Where Prison Regulations Preclude the Grievance by Pennsylvania Prisoner Not Required to File Grievance Before Suing Where Prison Regulations Preclude the Grievance Frederick Ray III, a Pennsylvania state prisoner, sued prison guards on several legal theories in federal district court under …
Tenth Circuit Affirms Total Exhaustion Rule by New Mexico State prisoner Michael Rene Ross claimed Eighth Amendment violation for dangerous conditions of confinement and deliberate indifference to medical needs. His § 1983 suit was dismissed based on the total exhaustion rule. While housed at the McKinley County Detention Center (MCDC) …
Article • May 15, 2007
PLRA Three Strikes Statute Held Unconstitutional by PLRA Three Strikes Statute Held Unconstitutional The court holds that the three strikes provision unconstitutionally restricts court access unless read to affect only non-constitutional claims. At 957: "Although the federal government has a legitimate interest in deterring the filing of frivolous and malicious …
Article • May 15, 2007
NY Prisoners May Have Liberty Interest in Work Release by The Second Circuit responds to Booth v. Churner. In Nussle, they said excessive force claims aren't about "prison conditions"; in Lawrence v. Goord (42-43): we held that claims alleging particularized instances of retaliatory conduct directed against an inmate are not …
Article • May 15, 2007
Administrative Remedies Exhausted Even If Untimely by State Prisoner Ted Poole filed a complaint against the Michigan Department of Corrections concerning the untimely payment of filing fees. Poole exhausted his administrative remedies in the prison grievance process which were denied by prison officials as being untimely. Poole then filed a …
Article • May 15, 2007
Medical Claim Requires Administrative Exhaustion by The plaintiff's claim of deprivation of medical care is a "prison conditions" claim even under the now-overruled holding of Nussle, since the complaint did not suggest that he was singled out for the denial of medical services Cases must be dismissed, rather than stayed, …
Article • May 15, 2007
No Filing Fee Waiver of Appeals in Three Strikes Cases by No Filing Fee Waiver of Appeals in Three Strikes Cases Plaintiff got his third strike in the district court, which, contrary to the literal language of the three strikes provision, granted him IFP status on appeal. At 541: That …
Total Exhaustion Rule Should Apply Separately to Each Plaintiff by The Tenth Circuit Court of Appeals has held that when multiple prisoners join in a civil rights complaint, but only one of those prisoners has exhausted administrative remedies on all of the claims asserted, it is error to dismiss the …
Article • May 15, 2007
Grievance Response Required Before Suit Filed by The plaintiff did not grieve his medical care complaint, so he failed to exhaust. He grieved and appealed his use of force case, but failed to exhaust because he did not show that he had received a decision. The court does not discuss …
Article • May 15, 2007
FCC Radio License Can Unconstitutional by An FCC regulation that permanently prohibited anyone who had ever operated an unlicensed radio station from obtaining a low-power FM radio license violated the First Amendment, since it would not pass any scrutiny more stringent than minimum rationality, being both underinclusive and overinclusive. The …
Administrative Exhaustion Required in Beating Claim by At 721: Dismissal without prejudice for non-exhaustion is final and appealable because it can't be remedied by an amendment to the complaint. Id.: The court says plaintiff's complaint might be time-barred after dismissal for non-exhaustion, or the limitations period might run from the …
Article • May 15, 2007
Filed under: PLRA, Filing Fees (PLRA)
PLRA Filing Fee Requirement Upheld by 28 U.S.C. § 1915(e)(2)(B)(ii) does not deny equal protection by permitting sua sponte dismissal of indigents' claims. Strict scrutiny does not apply because the statute only addresses procedures once a claim is presented; it does not affect the ability to prepare and file complaints, …
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