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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 …
Article • November 15, 2005 • from PLN November, 2005
PLRA Limits Prisoner's Attorney Fees Incurred Defending by PLRA Limits Prisoner's Attorney Fees Incurred Defending Appeal of Successful § 1983 Suit by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals held that after a prisoner wins a 42 U.S.C. § 1983 lawsuit for damages, the Prison Litigation Reform …
Article • October 15, 2005 • from PLN October, 2005
Filed under: PLRA, Injunctions (PLRA)
PLRA Attorney Fee-Award Criteria "Directly Incurred" and "Degree Of Success" Explained by PLRA Attorney Fee-Award Criteria "Directly Incurred" and "Degree Of Success" Explained by John E. Dannenberg After a successful jailhouse lawyer retaliation suit (see: PLN, March 2003, p.20, $90,169 Plus Injunction In California Retaliation Suit), California prison official defendants …
Article • October 15, 2005 • from PLN October, 2005
First Circuit Upholds Order Privatizing Prison Health Care In Puerto Rico by Michael Rigby The U.S. First Circuit Court of Appeals held that an order governing the privatization of health care in Puerto Rican prisons was valid and did not violate the Prison Litigation Reform Act (PLRA). This case is …
Article • October 15, 2005 • from PLN October, 2005
Illinois Jail Conditions Suit Nets $150,000 Attorney Fee Award by An Illinois Federal District Court has awarded attorneys representing prisoners at the Winnebago County Jail (WCJ) $150,000 in attorney fees and costs. This class action suit alleged the conditions at WCJ were unconstitutionally deficient in numerous respects. The suit alleged …
Article • October 15, 2005 • from PLN October, 2005
Nevada Supreme Court Clarifies Personal Injury Exhaustion Requirements by The Nevada Supreme Court held that state prisoners seeking compensation for personal injuries are not required to allege exhaustion of their administrative remedies, nor does the failure to exhaust administrative remedies deprive the trial court of subject matter jurisdiction. Thomas Cotton, …
Federal Forfeiture Motions are Civil, Subject to PLRA by Federal Forfeiture Motions Are Civil, Subject to PLRA The federal prisoner in Wisconsin filed a motion contesting a forfeiture of property in his criminal case. At 696: The motion is a civil action subject to the PLRA, even though it was …
Article • August 15, 2005 • from PLN August, 2005
$99,981 In Fees Awarded For Successful Massachusetts Court Access Suit by Michael Rigby In a strongly worded opinion chastising Massachusetts officials for over 1itigating a case in which a prisoner's constitutional right of access to courts was clearly violated, a federal district court awarded attorneys' fees and costs of $99,981 …
New Hampshire Prisoner's Due Process Suit Nets $54,000 in Fees and Damages by A New Hampshire federal district court has awarded a prisoner $20,503 in nominal and punitive damages in a civil rights action alleging Fourteenth Amendment violations. The Court further awarded $31,000 in attorney's fees and $3,900 in costs …
Michigan Guard Who Procured Hit On Prisoner Must Pay $200,000 Damages by by Marvin Mentor A Michigan federal jury returned verdicts of $75,000 in compensatory damages and $125,000 in punitive damages against a Michigan state prison guard who paid one prisoner six cigarettes to viciously pummel another. Michigan prisoner Barton …
Army Prison Ban On PLN Containing Postage-Stamp-Exchange Ad Is Enjoined, But Ban On Internet Mail Up by Army Prison Ban On PLN Containing Postage-Stamp-Exchange Ad Is Enjoined, But Ban On Internet Mail Upheld by John E. Dannenberg The U.S. District Court (D. KS) enjoined Ft. Leavenworth prison officials from banning …
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