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Article • April 15, 2006 • from PLN April, 2006
Utah Jail Policy Banning Subscriptions to Magazines and Newspapers Enjoined; Fees Awarded by John Dannenberg by John E. Dannenberg On June 2, 2004, the United States District Court (D. Utah) ruled that the Salt Lake County Jails (SLCJ) policy prohibiting prisoners receipt of any magazine or newspaper was unconstitutional. Brian …
Dismissal of Bivens Action for Non-Exhaustion Reversed by The Seventh Circuit Court of Appeals vacated a lower courts grant of summary judgment against a federal prisoner for failing to exhaust administrative remedies. Federal Bureau of Prisons (BOP) prisoner Curtis Dale was stabbed seven times by other prisoners on the recreation …
Article • April 15, 2006 • from PLN April, 2006
Sixth Circuit Requires Total Exhaustion Under PLRA; Decision Conflicts with Hartsfield by A panel of the Sixth Circuit joined the Eighth and Tenth Circuits in holding that the Prison Litigation Reform Act (PLRA) requires total exhaustion. One judge dissented, however, criticizing the majority opinion as being invalid for conflicting with …
Federal Court Seizes California Prisons' Medical Care; Appoints Receiver With Unprecedented Powers by Federal Court Seizes California Prisons' Medical Care; Appoints Receiver With Unprecedented Powers by Marvin Mentor The California Department of Corrections and Rehabilitation (CDCR) is forcefully having its failed healthcare system both corrected and rehabilitated. Despite court-ordered healthcare …
Ninth Circuit Reverses Dismissal of ADA Suit for Failure to Exhaust by The Ninth Circuit Court of Appeals held that a district court erred in dismissing a California prisoners suit for failing to exhaust administrative remedies under 42 U.S.C. § 1997e(a) of the Prison Litigation Reform Act, (PLRA). Earl Butler, …
Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim by Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim The Nebraska Supreme Court reversed a lower courts dismissal of a prisoners 42 U.S.C. § 1983 action, finding that he stated a cognizable claim for …
Court Orders Mob Boss Released from SHU by A New York federal district court has ordered a federal pretrial detainee released from administrative detention into general population because the government had other means of preventing him from communicating with the members of his crime family. Vincent Basciano moved pursuant to …
New York Jail Detainee Awarded $233,000 in Damages and Fees for Excessive Force Claim by David Reutter by David M. Reutter A New York federal district court reduced a jurys damage award in a prisoners civil rights action alleging excessive force by guards. The total award came to $165,000 and …
New York's Sex Offender Treatment Program Enjoined; Stay Issued Pending Appeal by by Bob Williams The United States District Court for the Northern District of New York ruled that New York's program for treating convicted state sex offenders violates the Fifth Amendment's guarantee against compulsory self-incrimination and issued a preliminary …
Article • January 15, 2006 • from PLN January, 2006
New York: Wrongfully Imprisoned Man Settles For $5,000,000 by by Michael Rigby A man who was wrongfully convicted of raping a 5-year-old girl has settled with the state of New York for $5 million, the largest such settlement in state history. But no amount of money can atone for the …
Article • January 15, 2006 • from PLN January, 2006
Wisconsin Must Install Air Conditioning in Supermax by The Seventh Circuit Court of Appeals affirmed a district court order requiring prison officials to take immediate steps to air condition the cells of Wisconsin's supermax prison. In 2000, two prisoners confined in the Supermax prison in Boschobel, Wisconsin brought suit alleging …
Article • January 15, 2006 • from PLN January, 2006
Seventh Circuit Reverses § 1915(e)(2) Dismissal of Meritorious Complaint by by Bob Williams The U.S. Court of Appeals for the Seventh Circuit has reversed a Wisconsin Federal District Court's dismissal of a prisoner complaint the district court found to have probable merit but dismissed under 28 U.S.C. § 191S(e)(2) screening because …
Article • December 15, 2005 • from PLN December, 2005
Excessive Force Claim Nets $3,200 in Attorney's Fees; $1,000 in Damages by An Illinois Federal District Court has awarded $3,200 in attorney's fees in a prisoner's claim that his Eighth Amendment rights were violated. The civil rights action was brought by Illinois prisoner Frank Farella against Logan Correctional Center guards …
Remedial Plan And $427,158 Attorney Fees In Wyoming Failure to Protect Suit by John E Dannenberg by John E. Dannenberg The Wyoming Department of Corrections (WDOC) settled an Eighth Amendment-based class action complaint brought by prisoner Brad Skinner for WDOC's failure to protect prisoners from assault by other prisoners. The …
Article • December 15, 2005 • from PLN December, 2005
PLRA Exhaustion Requirement Has by PLRA Exhaustion Requirement Has Procedural Default Component The Third Circuit Court of Appeals held that the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA) includes a procedural default component. The court also held that the determination whether a prisoner has properly' exhausted a …
Seventh Circuit Reverses Dismissal of Retaliation Claim by The Seventh Circuit Court of Appeals reversed a district court's dismissal of an Illinois prisoner's retaliation claim. On January 17, 2003, Illinois prisoner Robert Hoskins worked in the Dixon Correctional Center (Dixon) cafeteria when Food Services Supervisor Connie Lenear called him a …
Article • December 15, 2005 • from PLN December, 2005
Fourth Circuit Holds Claims Value Relevant to Frivolous Determination by The Fourth Circuit Court of Appeals held that a district court may consider the value of the prisoner's claim when determining whether to dismiss it as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i), the in forma pauperis statute. Federal prisoner Paul …
Brief • November 17, 2005
Jones v. Bock, US, Amicus Brief - PLN, PLRA Admin Remedies and Total Exhaustion Rule, 2005 i No. 05-7058 IN THE Supreme Court of the United States LORENZO L. JONES, Petitioner, v. BARBARA BOCK ET AL., Respondents. On Petition For A Writ Of Certiorari To The United States Court Of …
Article • November 15, 2005 • from PLN November, 2005
Procedural Default In Exhausting State Administrative Remedies Held Not A Bar To Bringing § 1983 Act by Procedural Default In Exhausting State Administrative Remedies Held Not A Bar To Bringing § 1983 Action; Supreme Court Grants Review by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, deepening a …
Article • November 15, 2005 • from PLN November, 2005
Pro Se Tips and Tactics: Three-Strikes and No More by Daniel E. Manville Partial Payment of Filing Fees by Daniel E. Manville Introduction1 When filing a pro se lawsuit you may seek a waiver of the payment of the entire filing fee. However, with the enactment of the Prison Litigation …
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