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Article • November 15, 2004 • from PLN November, 2004
Fifth Circuit Affirms Termination of Guajardo (Texas Prison Mail) Suit by By Matthew T. Clarke On March 16, 2004, the Fifth Circuit issued a per curiam opinion affirming the district court's termination of the 20-year-old consent decree which had regulated prisoner mail in the Texas Department of Criminal Justice (TDCJ). …
Wisconsin PLRA Fee-Limit Does Not Violate Equal Protection by The Wisconsin Court of Appeals held that the Wisconsin Prison Litigation Reform Act's (WPLRA) prohibition against the recovery of costs and fees by prevailing prisoners does not violate equal protection. Daniel Harr, a prisoner of Wisconsin's "Supermax prison successfully pursued a …
Article • September 15, 2004 • from PLN September, 2004
Filed under: PLRA, Filing Fees (PLRA)
Pro Se Tips and Tactics by Daniel E. Manville Before starting on my1 first, of many, pro se articles, I want to thank John Midgley on behalf of the hundreds, if not thousands, of prisoners that he has helped through these eight years. He has taken difficult legal concepts for …
$76,000 in Fees and Damages Awarded in Kansas Excessive Force Claim by Bob Williams The federal district court in Kansas has awarded a state prisoner $45,000 plus $30,913.90 for attorney fees and expenses in an excessive force claim brought against three prison guards. The court also denied qualified immunity, found …
Washington Jail Settles Conditions Lawsuit by On October 6, 2003 officials in Jefferson County, Washington settled a class action lawsuit filed by a Jefferson County Jail prisoner. The suit alleged inhumane living conditions and resulted in sweeping changes in jail policy. On February 25, 2002 Shawn Orndorff, a prisoner at …
Administrative Remedies Deemed Unavailable Based on Physical Injury by Bob Williams Administrative Remedies Deemed Unavailable Based On Physical Injury By Bob Williams The Fifth Circuit Court of Appeals has held that administrative remedies are unavailable when a prisoner has a physical injury which prevents filing a grievance and a subsequently …
Article • August 15, 2004 • from PLN August, 2004
Filed under: PLRA, Filing Fees (PLRA), RICO
PLRA Indigency Provision Inapplicable When Filing Fee Paid by The Eleventh Circuit Court of Ap-peals held the In Forma Pauperis (IFP) provision of the Prison Litigation Reform Act (PLRA) cannot be used to dismiss a case when the plaintiff pays the filing fee. Thomas R. Farese, a federal prisoner, filed …
Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion by John E Dannenberg Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion by John E. Dannenberg Parting company with six other circuits on the same question, the Tenth Circuit U.S. Court of Appeals held …
Article • August 15, 2004 • from PLN August, 2004
Facts Contained in Administrative Remedies Not Automatically Deemed Facts Alleged in Complaints by The Seventh Circuit Court of Apeals held the attachment of grievances to a complaint, for the purpose of demonstrating exhaustion of remedies, does not permit holding that the plaintiff vouches for the truth of the statements in …
Article • August 15, 2004 • from PLN August, 2004
Permanent Injunction Against California Book Ordering Restrictions Affirmed by John E Dannenberg Permanent Injunction Against California Book Ordering Restrictions Affirmed by John E. Dannenberg The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's permanent injunction (PI) against a California Department of Corrections (CDC) policy at its supermax Pelican …
Article • July 15, 2004 • from PLN July, 2004
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 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 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 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 …
Article • June 15, 2004 • from PLN June, 2004
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 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 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 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, …
Article • May 15, 2004 • from PLN May, 2004
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 …
Article • May 15, 2004 • from PLN May, 2004
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. …
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