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Article • August 15, 2005 • from PLN August, 2005
Massachusetts Law, Not PLRA, Applies to Attorneys Fee Award in State Court § 1983 Action for Native by Massachusetts Law, Not PLRA, Applies to Attorneys Fee Award in State Court § 1983 Action for Native American Rights A Massachusetts Superior Court has held that the determination of an appropriate attorney's …
Court Holds Temperatures on Florida's Death Row Constitutional; Class Action Exhaustion Explained by David Reutter By David M. Reutter The Eleventh Circuit Court of Appeals affirmed a Florida District Court's order denying that prisoners' cell temperatures on Florida's death row constitute cruel and unusual punishment. This civil rights action was …
Article • July 15, 2005 • from PLN July, 2005
Pro Se Tips and Tactics by Daniel Manville by Daniel E. Manville Exhaustion of Administrative Remedies Introduction1 If you are confined and are suing in federal court prison or jail staff for an incident that occurred while locked up, you are required to exhaust the administrative grievance system that exists. …
Summary Judgment Reversed in Louisiana Jail Conditions Case by by Robert H. Woodman The Court of Appeal of Louisiana, First Circuit, reversed summary judgment granted by the Twenty-Third Judicial District Court of Ascension Parish (Louisiana) to the Ascension Parish sheriff in a case involving conditions of confinement at the Ascension …
Dental Treatment Denial Claim Cannot Be Subdivided By Court by The court of appeals for the Eighth Circuit held that a prisoner's allegation of denial of dental treatment cannot be split into three separate sub-claims then dismissed for failure to exhaust state remedies on the sub-claims. James McAlphin, an Arkansas …
Ohio Supermax Placement is Atypical & Significant Hardship; Supreme Court Grants Review by Ohio Supermax Placement is Atypical & Significant Hardship; Supreme Court Grants Review By Bob Williams The United States Court of Appeals for the Sixth Circuit has ruled that Ohio state prisoners have a liberty interest under the …
Article • June 15, 2005 • from PLN June, 2005
$195,900 in Damages, Fees/Costs Awarded in Prison Sexual Abuse Case; PLRA Fee Caps Inapplicable to Former Prisoners by A federal court in New York awarded a former prisoner $179,900 in attorney's fees and costs, against the prison guard who sexually assaulted her. The court concluded that the fee cap provisions …
California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted summary judgment and entered a permanent injunction (PI) against the …
$12,003.74 in Fees/Costs Awarded in Excessive Force Use; PLRA Fee Cap Inapplicable to Stipulated Set by $12,003.74 in Fees/Costs Awarded in Excessive Force Use; PLRA Fee Cap Inapplicable to Stipulated Settlements A federal court in New York awarded attorneys' fees of $10,858 and costs of $1,144.95 for a total of …
Fifth Circuit Allows Sexual-Orientation Discrimination in Texas Prisoner Rape Suit by Matthew Clarke by Matthew T. Clarke The Fifth Circuit court of appeals held that a homosexual prisoner who prison officials allegedly allowed to be repeatedly sexually assaulted and made a sex slave may sue the prison officials for both …
Exhaustion of Administrative Remedy Requirement May be Excused by The Second Circuit Court of Appeals has held that the failure to exhaust administrative remedies may be excused in limited circumstances and should be excused in this case. This civil rights action arose from events that occurred while Ivan Rodriguez was …
Delaware Prisoner's $100,000 Damage Award For Retaliation Upheld by by Michael Rigby A disabled Delaware prisoner's $100,000 damage award for retaliation will stand, a federal district court in Delaware has held. On August 20, 1999, Roger Atkinson, a blind prisoner with a host of medical problems, sued Delaware prison officials …
Seventh Circuit Interprets "Brought" As Used 42 U.S.C. § 1197e(a) by Seventh Circuit Interprets "Brought" As Used 42 U.S.C. § 1997e(a) The U.S. Court of Appeals for the 7th Circuit has interpreted the word "brought" in 42 U.S.C. § 1997e(a) to mean "when the complaint is tendered to the district …
Prisoner's Release Fails to Excuse PLRA's Exhaustion Requirement by The Sixth Circuit Court of Appeals held the Prison Litigation Reform Act's (PLRA) administrative remedy exhaustion requirement was not excused by the fact the plaintiff had been released at the time the district court considered the motion to dismiss. While a …
Article • December 15, 2004 • from PLN December, 2004
Wisconsin District Court Reversed; PLRA Fee Limits Constitutional, Says Seventh Circuit by In a 6-5 decision marked by a plurality opinion and a strongly-worded dissent, the en banc Seventh U.S. Circuit Court of Appeals reversed the U.S. District Court, Western District of Wisconsin, and held that provisions of the Prison …
Article • December 15, 2004 • from PLN December, 2004
Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes by Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes Judge Barkett has dissented from the denial of en banc review of an Eleventh Circuit Court of Appeals decision that held the Prison Litigation Reform …
Untimely Grievances Satisfy PLRA; $70,000 Beating Verdict Upheld by The Sixth Circuit Court of Appeals held that even an untimely grievance satisfied the exhaustion requirement of the Prison Litigation Reform Act (PLRA) so long as the prisoner goes through every step of the grievance process. In doing so, the court …
Punitive Transfer After Winning Administrative Appeal Is Actionable by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that the transfer of a California state prisoner to a Security Housing Unit (SHU) punitive segregation facility after his underlying alleged rules violation had been reversed …
Seventh Circuit Invalidates Wisconsin News Clippings Ban by The Seventh Circuit Court of Appeals held that a prison ban on clippings and photocopies of clippings from newspapers and magazines violates the First Amendment right of prisoners to receive and exchange information. The court also held, however, that the district court's …
Article • November 15, 2004 • from PLN November, 2004
PLRA Fee Cap Upheld, Applied to Parole Case; Allows Fees-on-Fee Award by David Reutter The Eleventh Circuit Court held the attorney fee cap of the Prison Litigation Reform Act (PLRA) applies to parole cases and is constitutional and allows a fees-on-fees award. Georgia prisoner Coleman Jackson filed a joint motion …
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