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Oklahoma Orthodox Jewish Prisoners Win Kosher Diet by John Dannenberg by John E. Dannenberg Three Orthodox Jewish state prisoners won both preliminary and permanent injunctive relief requiring the Oklahoma Department of Corrections (ODOC) to provide them a Kosher diet at no personal cost. Prisoners Dennis Fulbright, Jon Cottriel and Jerry …
Ninth Circuit: Failure to Timely Set Fractured Thumb is Actionable by John Dannenberg by John E. Dannenberg A California prisoner who severely fractured his right thumb when falling from an upper bunk stated sufficient facts to assert an Eighth Amendment claim for deliberate indifference to his serious medical needs, as …
Mentally Ill Connecticut Prisoner Assaulted by Guard Awarded $250,000, Plus $121,384.80 in Fees by On March 3, 2006, a federal jury in Connecticut awarded $250,000 to a mentally ill state prisoner who was beaten by a high-ranking prison guard at the Northern Correctional Institution. According to his amended complaint, Duane …
Grievances Must Identify Defendants Later Sued by The Sixth Circuit Court of Appeals has affirmed in part and reversed in part an Ohio federal district court?s dismissal of a prisoner?s complaint for failure to comply with the exhaustion requirement of the Prison Litigation Reform Act (PLRA). Christopher Bell, a prisoner …
Wyoming Federal Court Awards Attorney $18,000 for Compliance Monitoring by Michael Rigby On March 9, 2006, the U.S. District Court for the District of Wyoming awarded $16,200.50 in enhanced fees plus $2,105.28 in costs to an attorney for time spent monitoring compliance with remedial measures at the Carbon County (Wyoming) …
Article • March 15, 2007 • from PLN March, 2007
Federal Court Restrains Los Angeles County Jail Overcrowding by John Dannenberg by John E. Dannenberg On October 27, 2006, the U.S. District Court (C.D. Cal.) issued an ?Order to Show Cause (?OSC?) re Issuance of Preliminary Injunction or Temporary Restraining Order,? plus imposed initial restraints, regarding the ongoing unconstitutional overcrowding …
Federal Court Compels Activation of California DOC Mental Health Crisis Beds; Approves New $111 Million Mental Care Hospital by John Dannenberg by John E. Dannenberg California?s 16-year-old prisoner mental health federal lawsuit (originally, Coleman v. Wilson) was given new and urgently needed life on May 2, 2006 when a frustrated …
9th Circuit Holds § 1997e(a) Applies to Private Prisons; Magazine Confiscation Is a “Prison Condition” by 9th Circuit Holds § 1997e(a) Applies to Private Prisons; Magazine Confiscation Is a "Prison Condition" The Ninth Circuit Court of Appeals upheld the dismissal of an Idaho prisoner's suit for non-exhaustion, concluding that the …
Tenth Circuit Reinstates Colorado Ad Seg Conditions Claims by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed a Colorado state prisoner?s administrative segregation (Ad Seg) conditions of confinement claims which were dismissed as frivolous by the United States District Court for the District of …
PLRA’s Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim by PLRA's Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim A Michigan federal district court has held that the Prison Litigation Reform Act?s (PLRA) prohibition of mental or emotional damages without physical injury …
Article • January 15, 2007 • from PLN January, 2007
Missouri Prison Ordered to Provide Immediate Abortion by A federal court in Missouri granted an injunction to a female prisoner, requiring the Women?s Diagnostic and Correctional Center (WERDCC) to transport her for an immediate abortion. Prisoner Roe was approximately 16-17 weeks pregnant and had been requesting an abortion while confined …
Article • December 15, 2006 • from PLN December, 2006
Ninth Circuit: Total Exhaustion-Dismissal Rule Not Required Under PLRA by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a prisoners 42 U.S.C. § 1983 suit against prison officials should not be summarily dismissed under the Prison Litigation Reform Act (PLRA) 42 U.S.C. § …
Seventh Circuit Rejects Total Exhaustion Rule for § 1983 Complaints by Bob Williams Seventh Circuit Rejects Total Exhaustion Rule for § 1983 Complaints by Bob Williams The United States Court of Appeals for the Seventh Circuit vacated the dismissal of a prisoners amended complaint, finding prior exhaustion putting the state …
Seventh Circuit Discusses Administrative Exhaustion by The Seventh Circuit Court of Appeals has held that a prisoners amended complaint was the functional equivalent of a new complaint, and that new claims that were administratively exhausted after the original complaint was filed satisfied the Prison Litigation Reform Acts (PLRA) exhaustion requirement. …
Article • December 15, 2006 • from PLN December, 2006
PLRA Administrative Exhaustion Requirement Distinguished in Two California by John Dannenberg Excessive-Force Suits by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals consolidated two interlocutory appeals from U.S. District Courts in California that distinguished under what circumstances administrative exhaustion is deemed satisfied if the grievance process has been …
Court Invalidates BOP Prisoners' UCC Liens Against Judges and Officials by A Virginia federal district court has entered a permanent injunction against two federal prisoners who filed liens under the Uniform Commercial Code (UCC) against judges and prison officials. The United States government brought this action against Lorenzo Grade Martin …
Idaho Population Cap Upheld; $155,858.68 in Fees and Cost Awarded; 300+ Prisoners Shipped to Minn. C by Idaho Population Cap Upheld; $155,858.68 in Fees and Cost Awarded; 300+ Prisoners Shipped to Minn. CCA Facility A federal court in Idaho has refused to lift a 1987 population cap on four housing …
Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit by The Tenth Circuit Court of Appeals has held that a federal prisoner's mandamus action alleging an Eighth Amendment violation is not barred by the doctrine of sovereign immunity. This action was brought by Bureau of Prisons (BOP) prisoner …
Successor Judge Needs Compelling Reason to Reopen Prior Judges Ruling by Successor Judge Needs Compelling Reason to Reopen Prior Judge's Ruling The Seventh Circuit Court of Appeals has held that a successor judge did not have record support to reopen another judge's decision that a prisoner's suit was not barred …
Article • October 15, 2006 • from PLN October, 2006
Michigan Prisoners Deliberate Indifference Claim Nets $73,906 In Fees by Michigan Prisoner's Deliberate Indifference Claim Nets $73,906 In Fees On October 20, 2005, the U.S. District Court for the Western District of Michigan, Southern Division, awarded $73,906 in attorneys fees to a plaintiff who prevailed on his claim of deliberate …
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