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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 …
Article • September 15, 2006 • from PLN September, 2006
Supreme Court Holds Administrative Remedies Must Be Properly Exhausted Under the PLRA by John Dannenberg by John E. Dannenberg The U.S. Supreme Court held that before filing a 42 U.S.C. § 1983 complaint, a prisoner must first fully, properly and timely exhaust his administrative remedies. Specifically, as here, failure to …
Nevada Summary Judgment for Non-Exhaustion Reversed by The Nevada Supreme Court reversed a lower court's grant of summary judgment on a former prisoner's suit for failing to exhaust administrative remedies. Nevada Department of Corrections (NDOC) prisoner George Simmons was brutally beaten by another prisoner on April 14, 1997. He sustained …
California Third-Level Administrative Appeals May Be Filed with Prison Appeals Coordinator by John Dannenberg by John E. Dannenberg The Solano County Superior Court ordered that when a California Department of Corrections (CDC) prisoner files a third (Director) level administrative appeal, he need not mail it via U.S. Mail to the …
RLUIPA Bars Total Ban on Melanic Literature by A Michigan federal district court has entered an injunction that bars the Michigan Department of Corrections (MDOC) from continuing a total ban on Melanic literature, requiring MDOC officials to screen such literature to ensure prohibited materials are prevented entry into MDOC prisons. …
Article • August 15, 2006 • from PLN August, 2006
California Valdivia Attorneys Awarded $6.5 Million For 12 Years Work by John E Dannenberg by John E. Dannenberg The attorneys who labored twelve years to overturn the California Department of Corrections and Rehabilitation's unconstitutional practice of snatching parolees off the streets and incarcerating them without due process of law [i.e., …
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