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$90,169 Plus Injunction in California Retaliation Suit
Article • March 15, 2003 • from PLN March, 2003
Filed under: Retaliation for Litigating, Prison Labor, PLRA, Attorney Fees (PLRA), Injunctions (PLRA), Damages
$90,169 Plus Injunction in California Retaliation Suit by by John E. Dannenberg In a jailhouse lawyer retaliation suit where both expungement of prison records and $9,000 in damages were awarded, the US District Court (E.D. Calif.) awarded $2,000 for expenses, $8,447 in costs and $70,812 in attorney fees because the …
Ninth Circuit Upholds Sanctions Against Idaho DOC Lawyer; DOC Retaliated for Litigation
Article • February 15, 2003 • from PLN February, 2003
Filed under: Prosecutor/Attorney General Misconduct, Retaliation for Filing Grievances, Attorney Client, Attorney Misconduct, Attorneys General, Injunctions (PLRA), Court Access, Sanctions, Supervisory Liability, Legal Mail
Ninth Circuit Upholds Sanctions Against Idaho DOC Lawyer; DOC Retaliated for Litigation by by Matthew T. Clarke The Ninth Circuit court of appeals upheld the injunctive relief granted against Idaho Department of Corrections (DOC) officials for retaliating against prisoners who filed grievances or litigation. Sanctions awarded against the defendants' attorney …
$2.5 Million Settlement, No Immunity for Indiana Jail Strip Search
Article • February 15, 2003 • from PLN February, 2003
Filed under: Strip Searches, Arrestee Searches, PLRA, Physical Injury Rule, Qualified Immunity
$2.5 Million Settlement, No Immunity for Indiana Jail Strip Search by A federal district court in Indiana granted summary judgment to jail arrestees who were improperly administered strip searches, and denied qualified immunity to the sheriffs. This was a class action suit brought by Mindy Doan under 42 U.S.C. § …
All California Prisoners Win Upgraded Medical Care
Article • February 15, 2003 • from PLN February, 2003
Filed under: Medical, Systemic Medical Neglect, Staffing, Attorney Fees (PLRA), Consent Decrees (PLRA), Settlements, Americans with Disabilities Act, Rehabilitation Act
All California Prisoners Win Upgraded Medical Care by John E Dannenberg by John E. Dannenberg On January 25, 2002, the California Department of Corrections (CDC) entered into a settlement in a class action lawsuit that will upgrade medical care for 157,000 prisoners at all 33 California state prisons. Following the …
California Internet Mail Ban Enjoined
Article • February 15, 2003 • from PLN February, 2003
Filed under: Cancer, Gastrointestinal, Podiatry, Injunctions (PLRA), Computers, Res Judicata, Qualified Immunity, Mail Regulations, Media, Internet
California Internet Mail Ban Enjoined by John E Dannenberg by John E. Dannenberg The US District Court (N.D. Cal.) issued a permanent injunction against the California Department of Corrections' (CDC) policy that prohibits prisoners from receiving mail that contains Internet-generated information. Frank Clement, a prisoner at Pelican Bay State Prison …
Failure to Timely Raise Exhaustion Defense Waives that Defense
Article • February 15, 2003 • from PLN February, 2003
Filed under: Administrative Exhaustion (PLRA), Civil Procedure, Defenses, Class Certification
Failure to Timely Raise Exhaustion Defense Waives that Defense by Failure To Timely Raise Exhaustion Defense Waives That Defense In a successful class-action 42 USC § 1983 civil rights complaint brought by seriously mentally ill Wisconsin Supermax prisoners for injunctive relief [see 164 F.Supp.2d 1096], prison official defendants' motion to …
All Aspects of Inadequate Medical Need Not Be Exhausted
Article • January 15, 2003 • from PLN January, 2003
Filed under: Medical, Hepatitis, Administrative Exhaustion (PLRA)
All Aspects of Inadequate Medical Need Not Be Exhausted by A federal court in California held that it is not necessary for a prisoner to allege every aspect of inadequate medical care claims in a grievance for purposes of exhausting administrative remedies under the Prison Litigation Reform Act (PLRA). On …
California's Parole Revocation System Violates Due Process
Article • January 15, 2003 • from PLN January, 2003
Filed under: Attorney Fee Awards, Appointment of Counsel, Attorney Client, PLRA, Injunctions (PLRA), Parole
California's Parole Revocation System Violates Due Process by John E Dannenberg by John E. Dannenberg In a class action civil rights case, the United States District Court (E.D. Calif.) held that California's parole revocation system violates procedural due process of law because it does not provide for a preliminary hearing …
Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion to Dismiss
Article • January 15, 2003 • from PLN January, 2003
Filed under: Conditions of Confinement, Toxic Fumes/Chemicals, Administrative Exhaustion (PLRA)
Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion to Dismiss by Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion To Dismiss The US District Court (S.D. Cal.) held that the inartful pro se pleadings of a California state prisoner were sufficient to exhaust his administrative remedies for purposes …
Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge
Article • January 15, 2003 • from PLN January, 2003
Filed under: Deaf Prisoners, Physical Injury Rule, Civil Procedure, State Law Claims, Americans with Disabilities Act, Rehabilitation Act, Interpreters, Eleventh Amendment Immunity, Qualified Immunity, Sex Offender Treatment
Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge by A Michigan District Court has granted in part and denied in part Michigan Department of Corrections (MDOC) officials' motion to dismiss a state prisoner's suit against MDOC under the Americans with Disabilities Act (ADA), 42 U.S.C. §12101, et. seq., and the …
PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded
Article • January 15, 2003 • from PLN January, 2003
Filed under: Prison/Jail Murders, Conditions of Confinement, Totality of Conditions, Attorney Fee Awards, Attorney Fees (PLRA), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Settlements, Costs, Mail Regulations, Ad-Seg Hearings, Suicides
PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded by David Reutter by David M. Reutter A federal district court in South Dakota has held the PLRA attorney fees provision does not apply to juvenile facilities, and awarded $379,000 in attorney fees and costs. The court …
7th Circuit: PLRA Exhaustion Requirements Retroactive; BOP Has Late Grievance Hardship Exception
Article • January 15, 2003 • from PLN January, 2003
Filed under: Prison Rebellion, Lockdowns, Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings, Municipal Liability
7th Circuit: PLRA Exhaustion Requirements Retroactive; BOP Has Late Grievance Hardship Exception by The Seventh Circuit Court of Ap-peals held that the administrative exhaustion provisions of the Prison Litigation Reform Act (PLRA) apply retroactively. In October 1995, federal prisoner Anthony McCoy was housed at the Federal Correctional Institution in Greenville, …
$1 Damages and $1.50 Attorney Fees in Guard Brutality Suit
Article • November 15, 2002 • from PLN November, 2002
Filed under: Injury -- Misc., Eighth Amendment, Attorney Fees (PLRA), Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Civil Procedure, Damages, Evidentiary Ruling
$1 Damages and $1.50 Attorney Fees in Guard Brutality Suit by John E Dannenberg by John E. Dannenberg The Eighth Circuit US Court of Appeals affirmed the award of $1 nominal damages for guard brutality in violation of the Eighth Amendment and limited the prevailing prisoner plaintiff's attorney fees to …
District Court Sets Prisoner's "Deliberate Indifference" Hepatitis C Claims for Trial
Article • November 15, 2002 • from PLN November, 2002
Filed under: Medical, Diabetes, Hepatitis, Administrative Exhaustion (PLRA), Complaints, Eleventh Amendment Immunity
District Court Sets Prisoner's "Deliberate Indifference" Hepatitis C Claims for Trial by A Connecticut Federal District Court has ordered that a state prisoner's Eighth Amendment claims arising from Connecticut Department of Corrections (CDOC) officials' deliberate indifference of his severe medical conditions be severed and that some of the claims proceed …
Administrative Exhaustion Required But Unprejudiced; Dismissal and Equitable Tolling
Article • November 15, 2002 • from PLN November, 2002
Filed under: Medical, ENT, Administrative Exhaustion (PLRA), Limitations
Administrative Exhaustion Required But Unprejudiced; Dismissal and Equitable Tolling by Gary Hunter The 5th Circuit court of appeals, in accord with a recent U.S. Supreme Court decision, held that administrative exhaustion is required in all prisoner cases, regardless of the relief sought. It held that cases pending at the time …
No Fundamental Right to Fee Waiver for Civil Rights Action
Article • November 15, 2002 • from PLN November, 2002
Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA)
No Fundamental Right to Fee Waiver for Civil Rights Action by No Fundamental Right to Fee Waiver for Civil Rights Actions The Court of Appeals for the Eighth Circuit has upheld the PLRA's three strikes rule, and overturned a case which found that rule unconstitutional. The opinion in this case …
PLRA Attorney Fee Cap Applies to Fees on Fees
Article • November 15, 2002 • from PLN November, 2002
Filed under: Retaliation for Litigating, Prison Labor, Workplace Injury, Attorney Fee Awards, PLRA, Attorney Fees (PLRA), Injunctions, Appeals
PLRA Attorney Fee Cap Applies to Fees on Fees by John E Dannenberg by John E. Dannenberg In a case of first impression, the Fifth Circuit US Court of Appeals ruled that the Prison Litigation Reform Act (PLRA) fee cap limiting recovery of a prevailing prisoner plaintiff's attorney fees to …
Connecticut District Court Orders Post-Judgment Monitoring Fees
Article • October 15, 2002 • from PLN October, 2002
Filed under: Attorney Fee Awards, PLRA, Attorney Fees (PLRA), Consent Decrees
Connecticut District Court Orders Post-Judgment Monitoring Fees by The United States District Court, District of Connecticut, has awarded the Connecticut Civil Liberties Union Foundation (CCLUF) attorneys' fees in the amount of $67,445.88, and costs in the amount of $1,044. The award arises from on-going, postjudgment monitoring by the CCLUF after …
Sixth Circuit Rules PLRA 150% Fee Cap Constitutional
Article • September 15, 2002 • from PLN September, 2002
Filed under: Retaliation for Litigating, PLRA, Attorney Fees (PLRA), Damages
Sixth Circuit Rules PLRA 150% Fee Cap Constitutional by by Matthew T. Clarke The Sixth Circuit court of appeals has held that 42 U.S.C. § 1997e(d)(2), the section of the Prison Litigation Reform Act, which limits losing civil rights defendants' liability to 150% of the damage award, did not violate …
PLRA Allows California Religious Preliminary Injunction
Article • September 15, 2002 • from PLN September, 2002
Filed under: Prison Labor, Legality of Rules, Injunctions (PLRA), Standing, Preliminary Injunctions/TRO's, Appeals, Religious Freedom, Denial of Religious Services, Sabbaths
PLRA Allows California Religious Preliminary Injunction by David Reutter by David M. Reutter The Court of Appeals for the Ninth Circuit has upheld the grant of a preliminary injunction to California Muslim prisoners .See: Mayweathers v. Terhune, 136 F. Supp. 2d 1152 (E.D. Cal. 2001). Prison officials appealed the injunction …
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