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Michigan Grievances Exhausted Upon Fair Notice of Claim
Article • July 15, 2004 • from PLN July, 2004
Filed under: Administrative Exhaustion (PLRA), Civil Procedure, Complaints
Michigan Grievances Exhausted Upon Fair Notice of Claim by The Sixth Circuit Court of Appeals held that a district court erred when it found that a Michigan prisoner failed to exhaust available administrative remedies and dismissed his § 1983 action on that basis. Michigan prisoner Ronnie Burton brought suit against …
Court Vacates Connecticut Jury Award of $30,000 for Failure to Exhaust Administrative Remedies
Article • July 15, 2004 • from PLN July, 2004
Filed under: Sexual Assault, Staff-Prisoner Assault, Administrative Exhaustion (PLRA), Damages
Court Vacates Connecticut Jury Award of $30,000 for Failure to Exhaust Administrative Remedies by David Reutter by David M. Reutter A Connecticut federal district court vacated a jury award of $30,000 because the prisoner plaintiff failed to exhaust administrative remedies. Connecticut prisoner Lori Hock sued guard Paul Thipedeau for violating …
Section 1983 Complaint Dismissed as Mixed Petition, But Amendment Allowed
Article • July 15, 2004 • from PLN July, 2004
Filed under: Retaliation for Filing Grievances, Conditions of Confinement, Toxic Fumes/Chemicals, Administrative Exhaustion (PLRA), Complaints
Section 1983 Complaint Dismissed as Mixed Petition, But Amendment Allowed by The Eighth Circuit Court of Appeals held that a complaint that contains issues that were not administratively exhausted may be dismissed, but the plaintiff should be allowed to amend his complaint to include only those issues that were exhausted. …
No PLRA Fee Cap When Injunctive Relief Obtained
Article • July 15, 2004 • from PLN July, 2004
Filed under: Retaliation for Litigating, Attorney Fee Awards, PLRA, Attorney Fees (PLRA), Injunctions (PLRA), Damages
No PLRA Fee Cap When Injunctive Relief Obtained by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals held that in prisoner 42 U.S.C. § 1983 civil rights lawsuits where both injunctive relief and damages are won (hybrid cases), attorney fee reimbursement for achieving the …
Preliminary Injunction Automatically Expired in 90 Days for Alabama Women Prisoners
Article • June 15, 2004 • from PLN June, 2004
Filed under: Overcrowding, PLRA, Injunctions (PLRA), Preliminary Injunctions/TRO's
Preliminary Injunction Automatically Expired in 90 Days for Alabama Women Prisoners by Bob Williams The U.S. District Court for the Middle District of Alabama has brought to a halt prospective relief from unconstitutional conditions at an Alabama state women's prison because a previously entered preliminary injunction was allowed to expire …
PLRA Only Requires Exhaustion of Applicable Remedies
Article • June 15, 2004 • from PLN June, 2004
Filed under: Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings
PLRA Only Requires Exhaustion of Applicable Remedies by The U.S. Court of Appeals for the Second Circuit has reversed a federal district court dismissal of a prisoner's civil rights lawsuit for failure to exhaust available administrative remedies, as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a). …
Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused
Article • May 15, 2004 • from PLN May, 2004
Filed under: Notice of Rules, Administrative Exhaustion (PLRA), Preliminary Injunctions/TRO's, Habeas Corpus, Telephones, Telephone Access
Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused by Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused A federal district court in Oregon held that a federal prisoner's procedural default in failing to exhaust administrative remedies would be waived. The court also …
Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit
Article • May 15, 2004 • from PLN May, 2004
Filed under: Work, Prison Industries, Prison Labor, Administrative Exhaustion (PLRA), Appeals, Americans with Disabilities Act
Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit by A California federal district court has declined to certify an order for interlocutory appeal because the factual and legal issues in this case are not complex and will not necessitate protracted and expensive litigation. Richard P. Loritz, II, …
BOP Medical Detainees Not Subject to PLRA
Article • May 15, 2004 • from PLN May, 2004
Filed under: PLRA, Administrative Exhaustion (PLRA), Civil Commitment
BOP Medical Detainees Not Subject to PLRA by In a brief per curiam opinion, the court of appeals for the Eighth circuit held that a Federal Medical Center detainee in Missouri was exempt from the administrative exhaustion provisions of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a). The …
PLRA Physical Injury Rule Applied to Non-Prison Case
Article • May 15, 2004 • from PLN May, 2004
Filed under: PLRA, Physical Injury Rule, Damages, Limitations, Wrongful Imprisonment
PLRA Physical Injury Rule Applied to Non-Prison Case by PLRA Physical Injury Rule Applied to Non-Prison Case The Eleventh Circuit Court of Appeals has held that the Prison Litigation Reform Act (PLRA) applies to lawsuits that claim injuries suffered during custodial episodes, even if such custody occurred outside prison walls. …
Private Settlement Agreement Prohibits Award of Attorney Fees and Costs
Article • May 15, 2004 • from PLN May, 2004
Filed under: PLRA, Attorney Fees (PLRA), Settlements, Consent Decrees
Private Settlement Agreement Prohibits Award of Attorney Fees and Costs by David Reutter Private Settlement Agreement Prohibits Award of Attorney Fees and Costs by David M. Reutter In a case of great importance to lawyers litigating prisoner actions where private settlement agreements are a consideration, the Eighth Circuit Court of …
Physical Injury Rule Doesn't Bar Strip Search Suit
Article • May 15, 2004 • from PLN May, 2004
Filed under: Strip Searches, PLRA, Physical Injury Rule, Damages, Complaints
Physical Injury Rule Doesn't Bar Strip Search Suit by Vacating dismissal by the U.S. District Court, Northern District of Illinois, the U.S. Seventh Circuit Court of Appeals held that a prisoner adequately pleaded an Eighth Amendment violation in a prison strip-search and that 42 U.S.C. § 1997e(e) does not bar …
Denial of Grievance Forms Excuses Failure to Exhaust
Article • May 15, 2004 • from PLN May, 2004
Filed under: Retaliation for Filing Grievances, Retaliatory Discipline, Sewage, Vermin, Administrative Exhaustion (PLRA), Physical Injury Rule, Damages, Complaints, Mental Health
Denial of Grievance Forms Excuses Failure to Exhaust by Denial of Grievance Forms Excuses Failure to Exhaust The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's civil rights suit for failure to state a claim. Pennsylvania prisoner Mark Mitchell was incarcerated …
PLRA Fee Payments Cease Upon Release from Prison
Article • April 15, 2004 • from PLN April, 2004
Filed under: PLRA, Filing Fees (PLRA), Mail Regulations, Legal Mail
PLRA Fee Payments Cease Upon Release from Prison by PLRA Fee Payments Cease Upon Release from Prison The Fourth Circuit Court of Appeals held a prisoner who was granted in forma pauperis (IFP) status is not required to continue filing fee payments upon release from prison. Prisoner Keith William DeBlasio …
County May Be Liable for Private Prison's Customs and Policies
Article • April 15, 2004 • from PLN April, 2004
Filed under: Cornell Corrections, Threats by Staff, Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Shootings, Civil Procedure, Parties, Municipal Liability
County May Be Liable for Private Prison's Customs and Policies by Bob Williams County May Be Liable For Private Prison's Customs And Policies by Bob Williams The New Mexico federal district court has held that a county could potentially be liable under 42 U.S.C. § 1983 for the customs and …
California Parole Violators' Due Process Rights Upheld in Settlement
Article • April 15, 2004 • from PLN April, 2004
Filed under: Overcrowding, PLRA, Injunctions (PLRA), Settlements, Parole
California Parole Violators' Due Process Rights Upheld in Settlement by California Parole Violators' Due Process Rights Upheld in Settlement In a November 17, 2003 Stipulated Or-der for Permanent Injunctive Relief (PI), defendant California prison officials settled a nine-year old federal class action suit brought by parolees whose due process rights …
Permanent Injunction Requires Full HCV Retreatment for Florida Prisoner
Article • April 15, 2004 • from PLN April, 2004
Filed under: Private Prisons, Wexford Health Services, Hepatitis, Attorney Fees (PLRA), Injunctions (PLRA), Guard Brutality/Beatings
Permanent Injunction Requires Full HCV Retreatment for Florida Prisoner by John E Dannenberg Permanent Injunction Requires Full HCV Retreatment for Florida Prisoner by John E. Dannenberg The U.S. District Court (S.D. Fla.) is-sued a permanent injunction on July 24, 2003 ordering James Crosby, the Secretary of the Florida Department of …
Disabled Missouri Prisoner Awarded Backpay after Passing GED Test
Article • April 15, 2004 • from PLN April, 2004
Filed under: Disabled Prisoners, Prison Labor, PLRA, Physical Injury Rule, Education, Damages, Americans with Disabilities Act, Rehabilitation Act, Eleventh Amendment Immunity
Disabled Missouri Prisoner Awarded Backpay after Passing GED Test by The U.S. District Court for the Eastern District of Missouri found that a disabled prisoner was entitled to backpay because he was not reassigned to a premium pay job after he successfully passed the GED test. James Arlt Jr, a …
Blind Prisoner Must Exhaust Administrative Remedies
Article • April 15, 2004 • from PLN April, 2004
Filed under: Blind Prisoners, PLRA, Administrative Exhaustion (PLRA)
Blind Prisoner Must Exhaust Administrative Remedies by Blind Prisoner Must Exhaust Administrative Remedies The Fifth Circuit Court of Appeals held that a blind prisoner is not excused from the administrative exhaustion requirement of the PLRA, and that a state court finding the prison systems grievance procedure violates Louisiana's State Constitution …
Impeding Grievance Exhaustion May Violate Access to Courts
Article • April 15, 2004 • from PLN April, 2004
Filed under: Administrative Exhaustion (PLRA), Court Access, Law Library Access/Adequacy, Damages
Impeding Grievance Exhaustion May Violate Access to Courts by A U.S. District Court for the Eastern District of Wisconsin held that a prisoner's access to court was impeded because jail officials interfered with his ability to exhaust his administrative remedies with respect to several non-frivolous claims, which were dismissed for …
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