Skip navigation
Prison Legal News

Search

More search options »
1229 results
Page 42 of 62. « Previous | 1 2 3 4 ... 38 39 40 41 42 43 44 45 46 ... 58 59 60 61 62 | Next »

No Filing Fee Refund If Appeal Withdrawn
Article • December 15, 2003
Filed under: PLRA, Filing Fees (PLRA)
No Filing Fee Refund If Appeal Withdrawn by A prisoner who withdraws his appeal may not get a refund of partial fee payments or a cancellation of the obligation to continue paying. The statute makes no provision for such repayments, and ordinary fee-paying litigants have no opportunity for a refund. …
Texas Court Abused Discretion by Dismissing Prisoner's Retaliation Suit
Article • November 15, 2003 • from PLN November, 2003
Filed under: Retaliation for Litigating, Disciplinary Hearings, Retaliatory Discipline, False Charges (Disciplinary Hearings), Filing Fees (PLRA), Frivolous Litigation
Texas Court Abused Discretion by Dismissing Prisoner's Retaliation Suit by by Matthew T. Clarke A Texas state court of appeals has held that the trial court abused its discretion when it dismissed a prisoner's suit that alleged retaliation for accessing federal courts. Angel Martinez Vacca, a Texas state prisoner, filed …
Injunction Prohibits Virginia Grooming Policy Enforcement on BOP Prisoners
Article • November 15, 2003 • from PLN November, 2003
Filed under: Classification, Out of State Transfers, Injunctions (PLRA), Grooming Rules
Injunction Prohibits Virginia Grooming Policy Enforcement on BOP Prisoners by A federal district court for the District of Columbia granted an injunction to a class of Rastafarian and Muslim prisoners holding the requirement that those prisoners must cut their hair or shave their beards imposes a substantial burden on their …
Trial Required in Pennsylvania Guard Beating
Article • November 15, 2003 • from PLN November, 2003
Filed under: Racial Discrimination, Retaliation for Filing Grievances, Retaliatory Discipline, Eighth Amendment, Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Civil Procedure, Defenses
Trial Required in Pennsylvania Guard Beating by John E Dannenberg by John E. Dannenberg The Third Circuit U.S. Court of Appeals held that summary judgment for defendant prison guards was inappropriate without a trial to develop the facts, in a case where a prisoner claimed he was viciously beaten by …
$112.50 Per Hour Post-Judgment Attorney Fees Upheld Under PLRA
Article • November 15, 2003 • from PLN November, 2003
Filed under: Conditions of Confinement, Totality of Conditions, Jail Specific, Attorney Fees (PLRA), Consent Decrees (PLRA), Appeals
$112.50 Per Hour Post-Judgment Attorney Fees Upheld Under PLRA by Bob Williams The Court of Appeals for the Ninth Circuit has held that post-judgment attorney fees are compensable under the Prison Litigation Reform Act (PLRA), though subject to the PLRA's rate cap of $112.50 an hour. In 1991, Robert Webb, …
Federal Appeals Courts Address Finality of Dismissals, Grievance Contents
Article • October 15, 2003 • from PLN October, 2003
Filed under: Staff-Prisoner Assault, Medical Misconduct, Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings, Complaints, Appeals, Limitations
Federal Appeals Courts Address Finality of Dismissals, Grievance Contents by In two, separate, unrelated cases, the Third and Seventh U.S. Circuit Courts of Appeals have addressed the finality of dismissals without prejudice, the contents of grievances, and various procedural points under the Prison Litigation Reform Act (PLRA) and prisoner suits …
PLRA Physical Injury Rule Not Applicable in Non-Prison State Cases
Article • October 15, 2003 • from PLN October, 2003
Filed under: Smoking, Physical Injury Rule, Civil Procedure, Damages, State Law Claims, Complaints, Default Judgments, Venue
PLRA Physical Injury Rule Not Applicable in Non-Prison State Cases by The Eleventh U.S. Circuit Court of Appeals has vacated and remanded part of an Alabama Federal District Court's dismissal of a federal prisoner's suit against tobacco companies. The Court held that prisoner suits unrelated to prison conditions that are …
PLRA Does Not Apply to Challenges to Civil Commitment
Article • October 15, 2003 • from PLN October, 2003
Filed under: PLRA, Filing Fees (PLRA), Complaints, Civil Commitment
PLRA Does Not Apply to Challenges to Civil Commitment by by Matthew T. Clarke The Eleventh Circuit Court of Appeals has held that the PLRA does not apply to challenges to conditions of confinement by persons detained under the Florida sexually violent predator program. Bryant S. Troville, a Florida civil …
Informal Grievance Procedure Must Be Exhausted Before Filing Suit
Article • September 15, 2003 • from PLN September, 2003
Filed under: Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Civil Procedure, Complaints, Parties, Conspiracy (Civil Procedure)
Informal Grievance Procedure Must Be Exhausted Before Filing Suit by The U.S. Court of Appeals for the Third Circuit reversed a district court's denial of summary judgment for prison officials after ruling that prisoners were required to exhaust their administrative remedies before bringing a 42 U.S.C. § 1983 action even …
Washington DOC Settles Kosher Diet Complaints
Article • September 15, 2003 • from PLN September, 2003
Filed under: PLRA, Injunctions (PLRA), Religious Diet
Washington DOC Settles Kosher Diet Complaints by John E Dannenberg Washington DOC Settles Kosher Diet Complaints by John E. Dannenberg Washington state's Department of Corrections (DOC) settled two 42 USC § 1983 complaints from prisoners who "practiced" Judaism but were denied kosher diets. Both settlements accorded the diets; in the …
Overt Act Unnecessary to Allege Conspiracy Claim in 7th Circuit
Article • August 15, 2003 • from PLN August, 2003
Filed under: Retaliation for Litigating, Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Civil Procedure, Complaints, Conspiracy (Civil Procedure), Wrongful Imprisonment
Overt Act Unnecessary to Allege Conspiracy Claim in 7th Circuit by The United States Court of Appeals for the Seventh Circuit held that it is not necessary to allege an overt act to state a conspiracy claim. The court also held that dismissal of a prisoner's retaliation claim for failure …
California Prison Policy Restricting Book Orders Enjoined
Article • August 15, 2003 • from PLN August, 2003
Filed under: Injunctions (PLRA), Publications/Books, Mail Regulations, Control Units/SHU/Solitary Confinement
California Prison Policy Restricting Book Orders Enjoined by The US District Court (ND Calif.) issued a permanent injunction against officials at the maximum security Pelican Bay State Prison (PBSP) that terminated their policy requiring vendors who shipped books, periodicals, magazines or calendars to PBSP prisoners to use a prison-supplied shipping …
Consultants Do Not Insulate Officials from Kosher Diet Liability
Article • July 15, 2003 • from PLN July, 2003
Filed under: Administrative Exhaustion (PLRA), Injunctions (PLRA), Damages, Religious Freedom, Religious Diet, Denial of Religious Services, Religious Practices
Consultants Do Not Insulate Officials from Kosher Diet Liability by Consultants Do Not Insulate Officials from Kosher Diet Liability; Prisoner Loses $30,000 for Failing to Exhaust In an appeal by prison officials of a $30,000 punitive damage award for excluding a prisoner from participating in Jewish services and holidays, the …
Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings
Article • July 15, 2003 • from PLN July, 2003
Filed under: Deaf Prisoners, Disabled Prisoners, Blind Prisoners, Injunctions (PLRA), Restraints, Civil Procedure, Defenses, Class Certification, Parole, Americans with Disabilities Act, Rehabilitation Act, Supervisory Liability, Sovereign Immunity, Civil Commitment
Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals upheld a December 1999 district court decision (USDC, N.D. Calif.) granting injunctive relief to the class of all California state prisoners and parolees having …
Compelled Oral Sex Satisfies PLRA's "Physical Injury" Requirement
Article • July 15, 2003 • from PLN July, 2003
Filed under: Prisoner-Prisoner Assault, Conditions of Confinement, Failure to Protect (General), Physical Injury Rule
Compelled Oral Sex Satisfies PLRA's "Physical Injury" Requirement by The United States District Court for the Northern District of Florida, denying a defendant's motion for partial judgment on the pleadings, has held that compelled oral sex constitutes "physical injury" for purposes of the Prison Litigation Reform Act's (PLRA's) requirement that …
Proof of Actual Rights Violation Required for Attorney Fee Award
Article • June 15, 2003 • from PLN June, 2003
Filed under: Attorney Fees (PLRA), Injunctions (PLRA), Preliminary Injunctions/TRO's, Sentencing, Pardons/Clemency, Death Penalty
Proof of Actual Rights Violation Required for Attorney Fee Award by The Ninth U.S. Circuit Court of Appeals, affirming the decision of a California Federal District Court, has held that a prisoner cannot be awarded attorney fees for winning a temporary restraining order (TRO) if the prisoner did not subsequently …
Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense
Article • June 15, 2003 • from PLN June, 2003
Filed under: Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Civil Procedure, Defenses, Complaints
Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense by Bob Williams Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense by Bob Williams The Third Circuit Court of Appeals has found that the PLRA's exhaustion requirement is an affirmative defense to be pled by the Defendant. A district court …
PLRA Physical Injury Requirement Not Applicable to First Amendment Compensatory Damages
Article • June 15, 2003 • from PLN June, 2003
Filed under: PLRA, Physical Injury Rule, Damages, Religious Diet
PLRA Physical Injury Requirement Not Applicable to First Amendment Compensatory Damages by PLRA Physical Injury Requirement Not Applicable To First Amendment Compensatory Damages A federal district court in New York has held that the Prison Litigation Reform Act's (PLRA) prohibition against seeking damages for mental or emotional injury without a …
PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners
Article • June 15, 2003 • from PLN June, 2003
Filed under: Attorney Fee Awards, Attorney Fees (PLRA), Guard Brutality/Beatings, Civil Procedure, New Trial Motions
PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners by PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners A federal district court in Puerto Rico has denied the defendant's motion for new trial in an excessive force case, and awarded attorney fees and costs to …
Guajardo (Texas Prison Mail) Suit Dismissed
Article • June 15, 2003 • from PLN June, 2003
Filed under: PLRA, Consent Decrees (PLRA), Injunctions (PLRA), Mail Regulations
Guajardo (Texas Prison Mail) Suit Dismissed by by Matthew T. Clarke On September 24, 2002, a federal district court in Texas dismissed the long-standing class-action lawsuit which has governed the mail system in Texas prisons for twenty-five years. The Guajardo suit resulted in three published opinions (432 F.Supp. 1373, 580 …
Page 42 of 62. « Previous | 1 2 3 4 ... 38 39 40 41 42 43 44 45 46 ... 58 59 60 61 62 | Next »