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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 …
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 …
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