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Article • November 15, 2002 • from PLN November, 2002
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 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 …
Article • October 15, 2002 • from PLN October, 2002
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 …
Article • September 15, 2002 • from PLN September, 2002
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 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 …
Article • September 15, 2002 • from PLN September, 2002
Multiple Prisoners Proceeding IFP Must Pay Separate Filing Fees by The Eleventh Circuit US Court of Appeals held that multiple prisoners, when asserting in forma pauperis (IFP) status in a federal civil rights action, cannot join their claims to pro-rate a single filing fee among all the plaintiffs. Earnest Hubbard …
Courts Retain Power To Grant TROs Under PLRA by The District of Columbia (DC) Court of Appeals has vacated a district court ruling on the merits of a prisoner lawsuit where the district court also found that the prisoner plaintiffs failed to exhaust administrative remedies prior to filing suit. Louis …
$54,750 Damages Awarded Asthmatic Prisoner in Michigan ETS Suit by John E Dannenberg by John E. Dannenberg The U.S. District Court (E.D..) awarded an asthmatic Michigan state prisoner $36,500 in compensatory damages and $18,250 in punitive damages after a bench trial determination that Michigan Department of Corrections (DOC) wardens had …
Article • August 15, 2002 • from PLN August, 2002
Filed under: PLRA, Attorney Fees (PLRA)
Court Criticizes PLRA Attorney Fee Cap by David Reutter by David M. Reutter ( A federal district court for the Eastern District of Michigan (EDM) has held the Prison Litigation Reform Act (PLRA) caps attorney fees in prisoner civil rights cases, but criticized that holding. Michigan prisoner Blaine Sallier was …
Wisconsin DOC in Contempt for Not Collecting PLRA Fees by Wisconsin DOC in Contempt For Not Collecting PLRA Fees The US District Court (E.D. Wis.) issued an Order to Show Cause to Wisconsin DOC Secretary Jon E. Litscher as to why he should not be held in contempt for declaring …
Statute of Limitation Tolled by Administrative Exhaustion by The Eleventh Circuit Court of Appeals for the has reversed and remanded for a district court to decide, in the first instance, whether the statute of limitations is tolled by a prisoner's satisfaction of the mandatory exhaustion requirements of 42 U.S.C. § …
Oregon Prisoners Sue for HCV Treatment by On November 1, 2001, a group of Oregon prisoners filed suit in federal court against the State of Oregon, the Oregon Department of Corrections (ODOC), and several individual ODOC medical personnel related to the systematic denial and delay of adequate diagnosis and treatment …
Article • July 15, 2002 • from PLN July, 2002
PLRA Filing Fee Due for Each Separate Appeal by by John E. Dannenberg The Second Circuit US Court of Appeals held that a prisoner filing multiple appeals in the same 42 U.S.C. §1983 civil rights action must pay the full filing fee for each separate appeal. Elvin Lebron, a prisoner …
Article • July 15, 2002 • from PLN July, 2002
Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim by Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim Finding that a guard deliberately labeled a prisoner as a snitch, the Tenth Circuit held the prisoner's Eighth Amendment rights were violated, the prisoner's fear of assault stated an Eighth Amendment …
Article • July 15, 2002 • from PLN July, 2002
Filed under: PLRA, Filing Fees (PLRA)
PLRA Requires Sequential Fee Collection by A Massachusetts federal district court has held that under the Prison Litigation Reform Act (PLRA), indigent prisoners who have filed multiple lawsuits can only be assessed 20% of their total monthly receipts. In other words, the filing fees can only be collected sequentially rather …
Article • July 15, 2002 • from PLN July, 2002
Frivolous Dismissal Reviewed Under Abuse of Discretion Standard by The court of Appeals for the Eleventh Circuit has held that a district court's dismissal of a prisoner's 42 U.S.C. § 1983 suit for frivolousness is reviewed by the abuse of discretion standard. It also held that the prisoner's litigation history …
U.S. Supreme Court: Administrative Exhaustion Required for All Prisoner Section 1983 Suits by John E Dannenberg by John E. Dannenberg The US Supreme Court ruled that under the Prison Litigation Reform Act (PLRA), exhaustion of administrative remedies is required in all prisoner civil rights suits pertaining to prison life, regardless …
Article • June 15, 2002 • from PLN June, 2002
$1,500 Awarded in New York Slapping Case by A New York federal district court has held that minor injury incurred from excessive force by a prison guard is actionable, and awarded damages after a bench trial. The court found it was undisputed that while prisoner Larenzo Romaine was housed at …
Article • June 15, 2002 • from PLN June, 2002
Tenth Circuit Vacates Religious Diet Awards Under PLRA Physical Injury Rule by by Matthew T. Clarke The Tenth Circuit held that the PLRA forbids recovery of compensatory damages for violations of the right to exercise a religious preference absent proof of physical injury. Jimmy Searles, a Kansas state prisoner, filed …
Denial of Grievance Forms Is Denial of Remedy by The Court of Appeals for the Eighth Circuit held that a prisoner's "Motion to Reinstate Cause" after dismissal of a 42 U.S.C. §1983 action alleged facts to raise an inference he had exhausted his "available" remedies. While an Arkansas Department of …
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