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Legal Research Prohibition Upon Contract Attorney Denies Adequate Court Access by David Reutter by David M. Reutter An Iowa federal district court has held that the legal assistance program at Iowas Anamosa State Penitentiary (ASP) was an unconstitutional impediment to a prisoners access to the court because it did not …
Article • July 15, 2006 • from PLN July, 2006
Second Circuit Holds PLRA Fee Cap Inapplicable To So-ordered Stipulated Dismissals by Bob Williams Second Circuit Holds PLRA Fee Cap Inapplicable To So-ordered Stipulated Dismissals by Bob Williams In a case of first impression, the United States Court of Appeals for the Second Circuit has held that the fee cap …
Article • July 15, 2006 • from PLN July, 2006
$232,700 in Attorney Fees Awarded In Colorado Censorship Settlement by Bob Williams The United States District Court for the District of Colorado on April 26, 2005, awarded $232,700 in fees and costs after a Settlement Agreement was reached over the rejection of numerous magazines and books by the Colorado Department …
Article • June 15, 2006 • from PLN June, 2006
Filed under: PLRA, Attorney Fees (PLRA)
PLRAs 150% Attorney Fee Cap Applied in Nominal Damages, Non Prison Case Against Police by PLRAs 150% Attorney Fee Cap Applied in Nominal Damages, Non Prison Case Against Police The Tenth Circuit Court of Appeals, sitting en banc, has reversed a panel ruling holding that the Prison Litigation Reform Act …
§ 1997e(e) Governs First Amendment Claims in Fifth Circuit by The Fifth Circuit Court of Appeals upheld a district courts dismissal of a pro se prisoners §1983 action, as frivolous and barred by the physical injury requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e). The court …
PLRA Does Not Apply to Released Prisoner by In remanding for further proceedings, the Tenth Circuit Court of Appeals held that the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA) does not apply to persons not imprisoned when the suit is filed. Before the Tenth Circuit was the …
Publication • 2006
Litigating Civil Rights Violations by For-Profit Prisons, Trine, 2006 LITIGATING CIVIL RIGHTS VIOLATIONS BY FOR-PROFIT PRIVATE PRISONS By Bill Trine 1 Introduction Civil rights litigation against the for-profit prison industry is relatively new because oftherebirth of privately owned and operated prisons. Although the law governing Section 1983 civil rights litigation …
Brief • May 24, 2006
Wofford v. Sutton, IL, PLRA Physical Injury Religious Diet, 2006 Order Case 3:03-cv-00725-JPG-DGW Document 58 Filed 05/24/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS STANLEY WOFFORD, ) ) ) ) ) ) ) ) ) Plaintiff, v. RICK SUTTON, Defendants. Case …
Article • May 15, 2006 • from PLN May, 2006
PLRA Exhaustion Requirement Inapplicable to Suit Filed When Plaintiff Not Incarcerated by The Eighth Circuit Court of Appeals has upheld an Iowa District Courts order denying a plaintiff in forma pauperis status, but reversed its order dismissing the 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. Proceeding …
Native American California Prisoner Entitled to Religious Exception from Prison Hair Grooming Policy by John E Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals, applying the Religious Land Use and Institutionalized Person Act (RLUIPA) (42 U.S.C. § 2000cc, et seq.), held that the blanket three-inch hair length …
Ninth Circuit Reverses Denial of IFP Status Under §1915(g); Defendants Bear Burden of Establishing I by Ninth Circuit Reverses Denial of IFP Status Under §1915(g); Defendants Bear Burden of Establishing IFP Disqualification In a case of first impression, the Ninth Circuit Court of Appeals held that defendants bear the burden …
Texas Prisoner Writers Retaliation Lawsuit Proceeds by David Reutter Texas Prisoner Writers Retaliation Lawsuit Proceeds by David M. Reutter A Texas federal district court has granted in part and denied in part prison officials motion to dismiss Texas prisoners lawsuit alleging he was retaliated against for having articles published criticizing …
NYDOCS Abandons ADA DOJ Exhaustion Defense by Upon the request of prison officials, the Second Circuit Court Of Appeals vacated a district courts dismissal of an action brought by New York prisoners, for failure to exhaust administrative remedies. Several of New York State Department of Correctional Services (DOCS) prisoners brought …
Eighth Circuit Upholds Denial of Compensatory/Punitive Damages; Physical by Injury Required in First Amendment Cases In a 2-1 decision, the Eighth Circuit of Appeals held that the Prison Litigation Reform Acts (PLRA) emotional injury bar on compensatory damages of 42 USC § 1997e(e) applies to First Amendment cases. The court …
PLRA Doesnt Bar FRCP 15(a) Amendment of Complaint - No HIV/Hepatitis Treatment = Imminent Danger o by PLRA Doesnt Bar FRCP 15(a) Amendment of Complaint - No HIV/Hepatitis Treatment = Imminent Danger of Serious Physical Injury In a case of first impression, the Eleventh Circuit Court of Appeals held that …
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, …
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