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Article • May 15, 2007
Dental Infection Imminent Physical Injury Under PLRA by Dental Infection Imminent Physical Injury Under PLRA Plaintiff alleged that he needed dental work, was sent to a half-completed prison in Arkansas that could not accommodate his needs, as of filing the complaint he had had five extractions and needed two more, …
Article • May 15, 2007
Preliminary Injunction Insufficient for Prevailing Party Status by Under Buckhannon, a preliminary injunction does not make a plaintiff a prevailing party for fees purposes, since the merits inquiry for a preliminary injunction is "necessarily abbreviated" and in some cases a plaintiff need only establish a substantial question on the merits. …
Article • May 15, 2007
PLRA Doesn't Apply to Released Prisoners, Delay in Seizure Medication Okay by The plaintiff was jailed for ten days for shoplifting. She was not consistently given her seizure medication (as well as her medication to control anxiety, which can trigger seizures), and had seizures; jail personnel would not take her …
Article • May 15, 2007
Administrative Exhaustion Defense Waived by BOP by At 695: "The failure to exhaust available administrative remedies is an affirmative defense. At least two other circuits have explicitly held that the PLRA's exhaustion requirement may be waived, . . . . We today join them and hold that this defense is …
BOP Prisoners Habeas Hepatitis Suit Dismissed by The bottom line of this opinion, 59 pages in Westlaw, is that the court treats the plaintiff's medical care claim, filed as a habeas petition, as a civil rights action, denies appointment of counsel, holds the prisoner partially exhausted, and grants summary judgment …
Seventh Circuit Applies PLRA to IL Civil Commitment Prisoners with Pending Charges by Seventh Circuit Applies PLRA to IL Civil Commitment Prisoners with Pending Charges The district court dismissed at screening for non exhaustion. At 978: "Although the judge used 28 U.S.C. § 1915A to act peremptorily, failure to employ …
Retaliation by NY Jail Guards Not Barred by PLRA by The plaintiff complained that the defendants retaliated against him for public criticism of police misconduct. He was arrested on seemingly trumped-up charges, transferred from Orange County to Rikers Island with false information that his claim to have been a police …
Confiscation of Prisoner Property Upheld by The confiscation of the plaintiff's property did not deny due process because the state made post-deprivation remedies available in the form of a grievance procedure. At 515: "The mere fact that plaintiff has faced some difficulty in having his grievance heard, based on his …
No Supervisory Liability for Forwarding Complaints about Conditions to Others by The plaintiff complained of excessive force and other abuse. Defendants have not met their burden of showing that the plaintiff failed to exhaust. They submitted the grievance director's affidavit stating that the Central Office Review Committee has no record …
Article • May 15, 2007
District Court Committee Injunction Against Prolific Filer is Judicial by District Court Committee Injunction Against Prolific Filer is Judicial The district court referred this "prolific filer" to the district court's Executive Committee, which entered an injunction requiring screening of his papers before filing except in criminal or habeas matters. To …
Article • May 15, 2007
California District Court Adopts Total Exhaustion by The court buys total exhaustion, citing the statute's plain language ("action" versus "claim") without reference to counter-arguments. It then adds the following non sequitur (at 1060): In a related context, the Ninth Circuit has held that exhaustion of administrative remedies under the PLRA …
Article • May 15, 2007
Filed under: PLRA, Filing Fees (PLRA)
Indigent Prisoners Required to Pay PLRA Filing Fees by The assessment of an initial filing fee of $5.16 was proper under the PLRA formula even if, by that time, the plaintiff's account balance was negative. However, the court reconsiders and rescinds its order that if the partial filing fee isn't …
Article • May 15, 2007
No Claim for Guard Ordering Prisoner to Touch his Penis by The plaintiff alleged that on two occasions an officer unzipped his clothing and instructed the plaintiff to grab his penis. He further alleged that the same officer turned off his water and power for five hours in connection with …
Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury by Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury The plaintiff was involuntarily detained and hospitalized. He prevailed both on his Fourth Amendment claims for unlawful seizure and his state law claims for false …
Article • May 15, 2007
NY Prisoner Suit Dismissed for Failing to Exhaust by The plaintiff says he filed grievances but his appeals are still pending. The court dismisses for non-exhaustion. The court doesn't say how long they have been pending, and doesn't mention any deadline for grievance decisions or address the view some courts …
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) …
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