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Statute of Limitation Tolled by Administrative Exhaustion
Article • August 15, 2002 • from PLN August, 2002
Filed under: Conditions of Confinement, Failure to Protect (General), Administrative Exhaustion (PLRA), Limitations
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
Article • July 15, 2002 • from PLN July, 2002
Filed under: Medical, Hepatitis, Administrative Exhaustion (PLRA), Americans with Disabilities Act
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 …
PLRA Filing Fee Due for Each Separate Appeal
Article • July 15, 2002 • from PLN July, 2002
Filed under: PLRA, Filing Fees (PLRA), Appeals
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 …
Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim
Article • July 15, 2002 • from PLN July, 2002
Filed under: Snitch Jacketing, PLRA, Physical Injury Rule, Damages, Qualified Immunity
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 …
PLRA Requires Sequential Fee Collection
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 …
Frivolous Dismissal Reviewed Under Abuse of Discretion Standard
Article • July 15, 2002 • from PLN July, 2002
Filed under: Frivolous Litigation (PLRA), Stun Guns/Tasers, Civil Procedure, Complaints
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
Article • June 15, 2002 • from PLN June, 2002
Filed under: Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings
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 …
$1,500 Awarded in New York Slapping Case
Article • June 15, 2002 • from PLN June, 2002
Filed under: Physical Injury Rule, Excessive Force, Guard Brutality/Beatings
$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 …
Tenth Circuit Vacates Religious Diet Awards Under PLRA Physical Injury Rule
Article • June 15, 2002 • from PLN June, 2002
Filed under: Attorney Fee Awards, PLRA, Physical Injury Rule, Damages, Religious Diet
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
Article • June 15, 2002 • from PLN June, 2002
Filed under: Conditions of Confinement, Failure to Protect (General), Administrative Exhaustion (PLRA)
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 …
Ohio Prison Supervisors Possibly Liable for Employing Known Racist Guard
Article • May 15, 2002 • from PLN May, 2002
Filed under: Guard Misconduct, Racial Discrimination, Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings, Supervisory Liability
Ohio Prison Supervisors Possibly Liable for Employing Known Racist Guard by The Sixth Circuit Court of Appeals has reversed a district court's grant of summary judgment to Ohio prison officials and remanded for trial a case involving alleged official indifference to the actions of a known racist guard. The appeals …
High Cost of Prison Telephone Calls Goes to Illinois State Court
Article • May 15, 2002 • from PLN May, 2002
Filed under: Administrative Exhaustion (PLRA), Civil Procedure, State Law Claims, Standing, Telephone Rates, Qualified Immunity
High Cost of Prison Telephone Calls Goes to Illinois State Court by In a characteristically colorful opinion from Judge Richard Posner, the U.S. Court of Appeals for the Seventh Circuit breathed new life into an otherwise moribund lawsuit where plaintiffs sought relief from the exorbitant charges for collect telephone calls …
Intangible Religious Freedom Claims Not Barred by PLRA
Article • April 15, 2002 • from PLN April, 2002
Filed under: Retaliatory Transfers, Physical Injury Rule, Civil Procedure, State Law Claims, Mootness, Religious Diet, Religious Property
Intangible Religious Freedom Claims Not Barred by PLRA by John E Dannenberg Intangible Religious Freedom Claims Not Barred By PLRA by John E. Dannenberg The U.S. District Court (District of Massachusetts) held that the Prison Litigation Reform Act's (PLRA) proscription of claims for emotional damages, in the absence of physical …
PLRA Protects Lawless Guards Accused in Prisoner Beating
Article • April 15, 2002 • from PLN April, 2002
Filed under: Guard Misconduct, DOC/BOP misconduct, Disciplinary Hearings, Malicious Prosecution, Physical Injury Rule, Guard Brutality/Beatings, Limitations, Failure to Train/Supervise
PLRA Protects Lawless Guards Accused in Prisoner Beating by A lawsuit filed by a federal prisoner in Colorado provides a clear example of how the Prison Litigation Reform Act (PLRA) protects lawless prison guards from the consequences of their blatantly illegal actions. William Vance Turner is a Federal Bureau of …
BOP Settles Prisoner Beating/Restraint Lawsuit for $99,000
Article • March 15, 2002 • from PLN March, 2002
Filed under: Injury -- Misc., Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings, Restraints
BOP Settles Prisoner Beating/Restraint Lawsuit for $99,000 by BOP Settles Prisoner Beating/Restraint Lawsuit For $99,000 In the summer of 1997, Lealon Muldrow was incarcerated in the Special Housing Unit (SHU) of the United States Penitentiary (USP) at Atlanta .On July 1 of that year, Muldrow was threatened with being chained …
Third Circuit Holds PLRA Bars Claims for Compensatory Damages
Article • March 15, 2002 • from PLN March, 2002
Filed under: Discrimination, Religious Discrimination, Physical Injury Rule, Damages, Mootness
Third Circuit Holds PLRA Bars Claims for Compensatory Damages by Third Circuit Holds PLRA Bars Claims For Compensatory Damages by Matthew T. Clarke The Third Circuit Court of Appeals has held that although the Prison Litigation Reform Act (PLRA) barred a prisoner from recovering compensatory damages for violations of his …
Claims Dismissed in First Challenge to BOP Communications Ban
Article • March 15, 2002 • from PLN March, 2002
Filed under: Political Prisoners, Attorney Client, Administrative Exhaustion (PLRA), Telephones, Telephone Access, Mail Regulations, Ad-Seg Hearings
Claims Dismissed in First Challenge to BOP Communications Ban by by Matthew T .Clarke The Tenth Circuit Court of Appeals has ordered the claims in the first published challenge to the implementation of Special Administrative Measures (SAMs) by the federal Bureau of Prisons (BOP) dismissed without prejudice for failure to …
PLN Awarded $58,059 in Attorneys' Fees in Oregon Bulk Mail Suit; PLRA Doesn't Apply, Injunction Entered
Article • March 15, 2002 • from PLN March, 2002
Filed under: Attorney Fee Awards, PLRA, Attorney Fees (PLRA), Injunctions, Publications/Books, Mail Regulations, Due Process, PLN Litigation
PLN Awarded $58,059 in Attorneys' Fees in Oregon Bulk Mail Suit; PLRA Doesn't Apply, Injunction Entered by In the April 2001, issue of PLN we reported Prison Legal News v. Cook , 238 F.3d 1145 (9th Cir. 2001), where the Court struck down as unconstitutional the Oregon Department of Corrections …
PLRA Constitutional, Most of Ruiz Relief Terminated in Texas Suit
Article • February 15, 2002 • from PLN February, 2002
Filed under: Prisoner-Prisoner Assault, Retaliation for Litigating, Systemic Medical Neglect, Failure to Protect (General), Overcrowding, Eighth Amendment, Staffing, Consent Decrees (PLRA), Injunctions (PLRA), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Injunctions, Supervisory Liability, Death Row, Mental Health, Failure to Treat (Mental Illness)
PLRA Constitutional, Most of Ruiz Relief Terminated in Texas Suit by The Fifth Circuit Court of Appeals has upheld the constitutionality of the termination provisions of the PLRA, 18 U.S.C. § 3626. On remand, the district court terminated most of the relief previously ordered in the Ruiz case. This involves …
Second and Sixth Circuits Uphold Validity of PLRA's Taxation of Costs
Article • February 15, 2002 • from PLN February, 2002
Filed under: Medical, Respiratory, Disciplinary Litigation, Smoking, Filing Fees (PLRA), Costs
Second and Sixth Circuits Uphold Validity of PLRA's Taxation of Costs by Two recent appellate decisions from the Second and Sixth Federal Circuits have upheld the validity of the PLRA's taxation of costs against unsuccessful prisoner litigants, 28 U.S.C. §1915(f). The Second Circuit ruled that taxation of costs could be …
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