Failure to Exhaust Dismissals Count as PLRA Strike by Failure to Exhaust Dismissals Count as PLRA Strike The plaintiff argued that a previous case should not be counted as a strike because some claims were dismissed as frivolous but others were dismissed for failure to exhaust. Another judge has already …
Michigan District Court Discusses Administrative Exhaustion by The plaintiff may amend his complaint, which consisted of exhausted claims, to add new claims which had subsequently been exhausted. At 551: . . . [A] rule requiring separate cases every time a new grievance is exhausted is fundamentally at odds with Congress' …
MI Detainees' Five Days in Seg Without Privileges Doesn't Violate Due Process Clause; Damages Verdic by MI Detainees' Five Days in Seg Without Privileges Doesn't Violate Due Process Clause; Damages Verdict Vacated Willie Thomas and three other prisoners had been released from the Michigan prison system based on a ruling …
Michigan Statute Denying Appointed Counsel to Indigent Criminals Enjoined by A challenge by indigent criminal defendants under § 1983 to state court judges' practice of denying appellate counsel based on plea-based convictions, and to the statute that codified the practice, was barred by Younger abstention. Each plaintiff had ongoing state …
Police Must Produce Informant Used to Justify Drug Raid by The plaintiffs alleged that they were unlawfully subjected to a drug raid which the City said was based on information from a confidential informant. At 510: ". . . [A]s a condition precedent for invoking the informer's privilege, the government …
Michigan Court Requires Total Administrative Exhaustion of All Claims by Detailed allegations that a prisoner exhausted but did not receive a response at the final step sufficiently alleged exhaustion, even in the Sixth Circuit. The court refuses to apply Sixth Circuit law requiring the plaintiff to have named each defendant …
Censorship of Photos States §1983 Claim by Censorship of Photos States §1983 Claim The U.S. District Court for the Eastern District of Michigan held that a state prisoner's complaint that a prison mail room supervisor denied black prisoners nude photographs of white women while permitting white prisoners to have nude …
Sixth Circuit Finds No Deliberate Indifference in Prison Employee's Death by The U.S. Sixth Circuit Court of Appeals affirmed a district court's grant of summary judgment to officials of the Michigan Department of Corrections (MDOC) and the Huron Valley Men's Facility (HVMF) in a case alleging that a prison employee's …
Michigan Use of Food Loaf Violates Prisoners' Due Process Rights by The U.S. District Court, W.D. Michigan, Southern Division, held that the use of "food loaf" as punishment even when prisoners' misconduct charges were dismissed, violated their right to due process. The United States brought action against the State of …
Heck Bars §1983 Relief for Michigan Prisoner Assaulted by Guard by Heck Bars §1983 Relief for Michigan Prisoner Assaulted by Guard In a peculiar and narrow application of a 1994 Supreme Court ruling, the Sixth Circuit affirmed a district court's denial of §1983 relief to a prisoner who was assaulted …
Sixth Circuit Remands Hadix For Termination on Hearing by The Sixth Circuit has reversed the district court's order "terminating" the Hadix consent decree because the order did not comply with the requirements of the PLRA on termination orders, 18 U.S.C. § 3026(b). This case involves a class action civil rights …
Court Appoints Monitor to Oversee Michigan Prison Implementation by Court Appoints Monitor To Oversee Michigan Prison Implementation The District Court, E.D. Michigan, S.D., on remand from the 6th Circuit Court of Appeals, ordered the Michigan Corrections Commission to appoint a Special Administrator to bring the female prisoner educational programs to …
Sanctions Ordered Against Michigan Prison by For failing to comply with district court orders to implement vocational programs, the District Court, E.D. Michigan, S.D., ordered contempt sanctions against Michigan prison officials. See: Glover v. Johnson, 9 F.Supp. 799 (ED MI 1998).
Prison Officials' Request for Stay Denied by The District Court, E.D. Michigan, S.D., denied a stay of relief to Michigan prison officials in a 20-year old class action suit. The defendants filed for relief under the Prison Litigation Reform Act (PLRA) seeking termination of previous court orders to provided educational …
Educational Administrator Appointment Ordered in Michigan Discrimination Case by The District Court, E.D. Michigan, S.D., held that the Michigan Department of Corrections failed to comply with court order requiring the appointment of an educational administrator to bring female prisoners' education programs to parity with male counterparts. The court ordered (1) …
Education Administrator Appointment Vacated and Remanded by Education Administrator Appointment Vacated And Remanded The Sixth Circuit Court of Appeals vacated the order of the E.D. Michigan, S.D., District Court appointing an educational administrator for the female prisoners who sought to have educational parity with the male prisoners. The court held …
Court Orders Appointment of Education Administrator in Michigan Discrimination Case by The District Court, E.D. Michigan, S.D., appointed an education administrator after the Michigan Department of Corrections failed to hire one on their own. The court ordered the defendants to pay the administrator $1,000/40-hour week to implement educational programs for …
Shocks the Conscience" Standard Incorrect for First Amendment Claims by Shocks the Conscience" Standard Incorrect for First Amendment Claims Affirming its prior holding in Bell v Johnson, 308 F.3d 594 (6th Cir. 2002), the U.S. Sixth Circuit Court of Appeals held that a district court in Michigan incorrectly granted summary …
Michigan: Relevant Documents Must Be Provided in Disciplinary Action by The Court of Appeals of Michigan held that a state prisoner's due process rights were violated when he was refused access to documents relevant to his disciplinary case. Joseph Tocco received a major disciplinary case for allegedly participating in a …
Sixth Circuit Vacates Dismissal of § 1983 Suit by Sixth Circuit Vacates Dismissal of § 1983 Suit The Sixth Circuit Court of Appeals, in an unpublished opinion, has vacated and remanded a Michigan District Court's grant of summary judgment to prison officials on grounds that the prisoner-plaintiff failed to exhaust …
