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Article • March 15, 2020
Federal Circuit Affirms Dismissal of Prisoner's Non-Prison Lawsuit Under PLRA's 3-Strikes Rule, Even Though Unrelated to Prison Conditions by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of a Native American prisoner’s lawsuit against the United States involving Indian affairs, citing …
Article • February 4, 2020 • from PLN February, 2020
Filed under: PLRA, Appeals
Third Circuit: Failure to Make PLRA Findings Moots Appeal by David M. Reutter by David M. Reutter The Third Circuit Court of Appeals held that a district court’s failure to make findings as to the Prison Litigation Reform Act’s (PLRA) “needs-narrowness-intrusiveness criteria” mooted all injunctive enforcement actions that occurred 90 …
Brief • January 2, 2020
Pina v. County of Los Angeles, CA, Order Granting Summary Judgment, Sexual Assault by Guard, 2020 se 2:18-cv-08149-DMG-PLA Document 53 Filed 01/02/20 Page 1 of 17 Page ID #:724 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 …
Article • December 10, 2019 • from PLN December, 2019
PLRA Does Not Prevent In Forma Pauperis Appeal of Case that Resulted in Third Strike by Matthew Clarke by Matt Clarke On July 18, 2019, the Fourth Circuit Court of Appeals held that the Prison Litigation Reform Act (PLRA) does not prohibit a prisoner from being granted in forma pauperis …
Article • December 9, 2019 • from PLN December, 2019
Seventh Circuit Reverses Two PLRA Dismissals for Failure to Comply with Court Forms by Edward Lyon by Ed Lyon On August 13, 2019, the Seventh Circuit Court of Appeals, in a consolidated ruling, vacated the dismissals of two lawsuits based on the Prison Litigation Reform Act (PLRA). The PLRA contains …
G.H., a minor, through Henry, et al. v. Marstiller, TN, order, children in solitary confinement, 2019 Case 4:19-cv-00431-MW-MJF Document 22 Filed 12/06/19 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION G.H., a minor, by and through his parent and legal guardian, Gregory …
Article • October 13, 2019
Sixth Circuit Defines ‘Serious Physical Injury’ for 28 U.S.C. § 1915(g) Purposes by Douglas Ankney by Douglas Ankney  The U.S. Court of Appeals for the Sixth Circuit has defined the term “serious physical injury” in the text of 28 U.S.C. § 1915(g). Michael Gresham is a state prisoner serving a …
Article • September 28, 2019
Sixth Circuit Defines ‘Serious Physical Injury’ for 28 U.S.C. § 1915(g) Purposes by Douglas Ankney by Douglas Ankney  The U.S. Court of Appeals for the Sixth Circuit has defined the term “serious physical injury” in the text of 28 U.S.C. § 1915(g). Michael Gresham is a state prisoner serving a …
Brief • September 19, 2019
Graves v. Penzone, AZ, Order, Jail Conditions and Care, 2019 Case 2:77-cv-00479-NVW Document 2525 Filed 09/19/19 Page 1 of 24 1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 Fred Graves, Isaac Popoca, on their own behalf …
Article • June 4, 2019 • from PLN June, 2019
Filed under: PLRA, Attorney Fees (PLRA)
PLRA Attorney Fee Award Discussed after Oklahoma Jail Prisoner Awarded $35,001 by Derek Gilna by Derek Gilna James Jordanoff, a former pre-trial detainee at the Cleveland County Detention Center in Oklahoma, won a $35,001 judgment following a jury trial based on a First Amendment retaliation claim against ex-guard Josh Coffey.  …
Brief • March 20, 2019
Bossardet v. Ryan, AZ, Plaintiff's Motion for Rule 706 Expert, 2019 1 2 3 Stacy Scheff LAW OFFICE OF STACY SCHEFF P.O. Box 40611, Tucson, AZ 85717-0611 (520) 471-8333 • FAX (520) 300-8033 stacy.scheff@gmail.com State Bar No. 028364 4 5 DISTRICT COURT FOR THE UNITED STATES 6 DISTRICT OF ARIZONA …
Article • March 5, 2019 • from PLN March, 2019
Seventh Circuit Excuses Exhaustion Requirement for Spanish-Speaking Prisoner by Derek Gilna by Derek Gilna The Seventh Circuit Court of Appeals has reversed the dismissal of an Illinois state prisoner’s 42 U.S.C. § 1983 suit for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act (PLRA), based …
Eighth Circuit: Severe Pain Caused by Actual Injury Satisfies PLRA Physical Injury Requirement by Matthew Clarke by Matt Clarke On August 7, 2018, the Eighth Circuit Court of Appeals held the physical injury requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e), does not require a prisoner …
Long-Term Segregation Can Establish Imminent Danger of Serious Physical Injury for PLRA Purposes by Christopher Zoukis by Christopher Zoukis The Seventh Circuit Court of Appeals has held that a mentally ill prisoner who spent 11 years in solitary confinement and had a history of attempted self-harm could plausibly allege that …
Ninth Circuit: Prisoner’s Disciplinary Appeal Exhausted Claim of Having to Work on Religious Holiday by Christopher Zoukis by Christopher Zoukis On May 18, 2018, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s order dismissing a prisoner’s complaint for failure to exhaust administrative remedies. The Ninth …
PLRA’s Administrative Remedies Requirement Tolls Limitations Time but Not Accrual Time by David Reutter by David Reutter In February 2018, the Ninth Circuit Court of Appeals held that the Prison Litigation Reform Act’s administrative exhaustion requirement justifies the tolling of the statute of limitations, but not the creation of a …
Article • September 5, 2018 • from PLN September, 2018
Prison Grievance Coordinator’s Responses Rendered Administrative Remedies Unavailable by David Reutter by David Reutter The Seventh Circuit Court of Appeals held that an Indiana federal district court erred in dismissing a prisoner’s civil rights action for failure to exhaust administrative remedies. The Court held the record indicated the prisoner was …
Article • June 16, 2018
Wrongfully Deported California Permanent Resident Granted Retrial by Christopher Zoukis by Christopher Zoukis     Jose Luis Tapia-Fierro, who was a legal permanent resident of California when he was deported after a conviction of involuntary manslaughter, was granted the right to appeal his deportation decision even after waiving his appeal …
Article • May 9, 2018 • from PLN May, 2018
Dying Prisoner’s Complaint Alleged Claim for Failure to Treat Hepatitis C by The Eleventh Circuit Court of Appeals has reversed the dismissal of a prisoner’s civil rights action that accused staff at Autry State Prison of denying him treatment for hepatitis C. Georgia state prisoner Blair Mitchell, who was serving …
Filing Date of Operative Complaint Dictates if PLRA Exhaustion Applies by The Ninth Circuit Court of Appeals held on August 31, 2017 that “a plaintiff who was in custody at the time he initiated his suit but was free when he filed his amended operative complaint is not a ‘prisoner’ …
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