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Administrative Remedies Need Not Identify Wrongdoers
Article • December 15, 2001 • from PLN December, 2001
Filed under: PLRA, Administrative Exhaustion (PLRA), Discovery
Administrative Remedies Need Not Identify Wrongdoers by The Court of Appeals for the Eleventh Circuit has held that prisoners do not need to identify those persons directly involved in the alleged deprivations in their administrative remedies to satisfy the exhaustion requirement of 42 U.S.C. § 1997(e)a. Prisoner Raymond Brown filed …
Excessive Force Claims Not Subject to Exhaustion; Supreme Court Grants Review
Article • December 15, 2001 • from PLN December, 2001
Filed under: Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings
Excessive Force Claims Not Subject to Exhaustion; Supreme Court Grants Review by The United States Court of Appeals for the Second Circuit held that the exhaustion requirement of the Prison Litigation Reform Act (PLRA) does not apply to assault and excessive force claims. Connecticut state prisoner Ronald Nussle brought a …
South Dakota Prison Conditions Class Action Settled
Article • November 15, 2001 • from PLN November, 2001
Filed under: Conditions of Confinement, Totality of Conditions, Consent Decrees (PLRA), Settlements
South Dakota Prison Conditions Class Action Settled by The federal district court in South Dakota has dissolved a state prison conditions consent decree and approved a class action settlement, ending two decades of litigation. State prisoners filed a §1983 suit challenging prison conditions, certified as a class action in 1982. …
Sixth Circuit Upholds PLRA Attorneys' Fees Cap
Article • October 15, 2001 • from PLN October, 2001
Filed under: Conditions of Confinement, Totality of Conditions, Attorney Fees (PLRA)
Sixth Circuit Upholds PLRA Attorneys' Fees Cap by The Sixth Circuit Court of Appeals has ruled that the cap on attorneys' fees imposed by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d)(3), does not violate the equal protection provision of the Fifth Amendment to the U.S. Constitution. This …
Administrative Exhaustion Not Jurisdictional
Article • October 15, 2001 • from PLN October, 2001
Filed under: Medical, Skeletal Injury, Administrative Exhaustion (PLRA), Magistrates
Administrative Exhaustion Not Jurisdictional by John E Dannenberg The Eighth Circuit Court of Appeals held that under the Prison Litigation Reform Act of 1996 (PLRA), a federal court is not deprived of jurisdiction to hear a prisoner's civil rights complaint under 42 U.S.C. § 1983 if he has not first …
PLRA Does Not Apply to Habeas Corpus Actions
Article • September 15, 2001 • from PLN September, 2001
Filed under: Disciplinary Hearings, Disciplinary Litigation, Filing Fees (PLRA), Appeals, Habeas Corpus
PLRA Does Not Apply to Habeas Corpus Actions by The Court of Appeals for the Sev-enth Circuit held that the requirements of the Prison Litigation Reform Act (PLRA) do not apply to properly characterized habeas corpus petitions under 18 U.S.C. §§ 2241, 2254, or 2255, finding that those actions are …
Ohio Death Row Prisoners Sue Over Last Words
Article • September 15, 2001 • from PLN September, 2001
Filed under: Administrative Exhaustion (PLRA), Civil Procedure, Standing, Mootness, Death Row, Access to Media, Censorship
Ohio Death Row Prisoners Sue Over Last Words by An Ohio federal district court refused to dismiss a challenge to an Ohio policy prohibiting condemned prisoners from giving last statements. The Court also discussed the PLRA's administrative exhaustion requirements and mootness concerns. Ohio Death Row prisoner Fred Treesh and another …
U.S. Supreme Court Requires Futile Administrative Exhaustion
Article • August 15, 2001 • from PLN August, 2001
Filed under: Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings
U.S. Supreme Court Requires Futile Administrative Exhaustion by On May 29, 2001, a unanimous United States Supreme Court held that 42 U.S.C. § 1997e(a) of the Prison Litigation Reform Act (PLRA) requires the complete exhaustion of prison administrative remedies, regardless of how futile those remedies may be and regardless of …
PLRA Attorney Fee Cap Analyzed
Article • August 15, 2001 • from PLN August, 2001
Filed under: Reviews, PLRA, Attorney Fees (PLRA)
PLRA Attorney Fee Cap Analyzed by The Temple Law Review recently published an article useful to any litigants challenging the Prison Litigation Reform Act's (PLRA) cap on attorney fees under 42 U.S.C. § 1997e(d). The Price of Civil Rights: The PLRA's Attorney's Fee Cap Provision as a Violation of Equal …
PLRA's Attorney Fee Cap Held Unconstitutional
Article • July 15, 2001 • from PLN July, 2001
Filed under: Medical, Transplants, Attorney Fees (PLRA), Damages
PLRA's Attorney Fee Cap Held Unconstitutional by John E Dannenberg by John E. Dannenberg A federal district court in Wisconsin held that the Prison Litigation Reform Act (PLRA) cap on recovery of attorney fees in successful prisoner civil rights complaints violated Fifth Amendment equal protection principles and determined that $80,000 …
Non-Physical Damage Claims Barred Until Released
Article • July 15, 2001 • from PLN July, 2001
Filed under: Prison/Common Area Searches, PLRA, Physical Injury Rule, Damages
Non-Physical Damage Claims Barred Until Released by The Court of Appeals for the Eleventh Circuit has held that a lawsuit which seeks damages for emotional and mental claims filed by a prisoner while confined are barred, but the same claim can be pursued if filed after release. Eleven Georgia prisoners …
Private Jail Settlement Not a Consent Decree under PLRA
Article • July 15, 2001 • from PLN July, 2001
Filed under: Overcrowding, PLRA, Consent Decrees (PLRA), Settlements
Private Jail Settlement Not a Consent Decree under PLRA by John E Dannenberg by John E. Dannenberg The United States District Court, Eastern District of CA, held that a "private settlement" agreement to cap the El Dorado (California) County jail population was not a "consent decree" as defined in the …
PLRA Limits Guard's Liability for Prisoner's Attorney Fees
Article • July 15, 2001 • from PLN July, 2001
Filed under: Attorney Fees (PLRA), Excessive Force, Guard Brutality/Beatings
PLRA Limits Guard's Liability for Prisoner's Attorney Fees by John E Dannenberg PLRA Limits Guard's Liability For Prisoner's Attorney Fees by John E. Dannenberg The US District Court, SD Ohio ruled that the Prison Litigation Reform Act's (PLRA) 150% cap restricting a prevailing prisoner plaintiff's attorney fees limited only how …
PLRA Physical Injury Rule Applies to ADA Claims
Article • July 15, 2001 • from PLN July, 2001
Filed under: Blind Prisoners, PLRA, Physical Injury Rule, Damages, Americans with Disabilities Act, Rehabilitation Act
PLRA Physical Injury Rule Applies to ADA Claims by The Circuit Court of Appeals for the Seventh Circuit has held that the Prison Litigation Reform Act (PLRA) rule of requiring physical injury applies to damage claims brought under the American with Disabilities Act (ADA) and Rehabilitation Act of 1973. Richard …
Federal Court Partially Terminates New York Jail Consent Decree Relief
Article • June 15, 2001 • from PLN June, 2001
Filed under: Gay/Lesbian, Attorney Client, Consent Decrees (PLRA), Restraints, Law Library Access/Adequacy, Mail Regulations, Postage, Ad-Seg Hearings, Visiting, Attorney Visits
Federal Court Partially Terminates New York Jail Consent Decree Relief by by Matthew T. Clarke A federal district court in New York has terminated consent decree relief for New York City Jail prisoners with respect to restrictive housing due process, prisoner correspondence, and law libraries, while leaving intact the consent …
PLRA-Based Garnishment Used to Collect Court Costs for Defendant
Article • June 15, 2001 • from PLN June, 2001
Filed under: PLRA, Filing Fees (PLRA), Costs, Seizure of Prisoner Funds
PLRA-Based Garnishment Used to Collect Court Costs for Defendant by The court of appeals for the Fifth Circuit has held that the method for garnishing a prisoner's trust fund set forth in the Prison Litigation Reform Act (PLRA) and codified at 28 U.S.C. §§ 1915(f)(2)(A), (B) and (b)(2), may be …
Montana Court Awards PLRA-Capped Attorney Fees Under Catalyst Theory
Article • June 15, 2001 • from PLN June, 2001
Filed under: Conditions of Confinement, Totality of Conditions, Attorney Fee Awards, Attorney Fees (PLRA), Settlements, Costs, Consent Decrees
Montana Court Awards PLRA-Capped Attorney Fees Under Catalyst Theory by by Matthew T. Clarke A federal district court in Montana has awarded attorney fees to prisoners in a Montana jail, even though the case was settled outofcourt, because the suit was the catalyst of change similar to the relief requested …
PLRA Vacated Consent Decrees Can't Be Enforced in State Court
Article • May 15, 2001 • from PLN May, 2001
Filed under: Consent Decrees (PLRA), Civil Procedure, State Law Claims
PLRA Vacated Consent Decrees Can't Be Enforced in State Court by PLRA Vacated Consent Decrees Can't be Enforced in State Court The court of appeals for the Eighth circuit held that consent decrees terminated under the Prison Litigation Reform Act (PLRA) cannot be enforced as private contracts in state court. …
PLRA Attorney Fee Cap Doesn't Apply After Release; Texas County Liable in Attack
Article • May 15, 2001 • from PLN May, 2001
Filed under: Failure to Protect (General), PLRA, Attorney Fees (PLRA), Municipal Liability
PLRA Attorney Fee Cap Doesn't Apply After Release; Texas County Liable in Attack by The court of appeals for the Fifth circuit held that a Texas county was liable for failing to protect an arrestee from assault in its jail. The court also held that the Prison Litigation Reform Act …
Change in AIDS Medication States Claim
Article • May 15, 2001 • from PLN May, 2001
Filed under: Medical, HIV/AIDS, Medication, Administrative Exhaustion (PLRA)
Change in AIDS Medication States Claim by Change In Aids Medication States Claim A Virginia federal district court ruled prisoner Terry Lee Taylor stated a claim under 42 U.S.C. §1983 where a prison doctor order a change in Taylor's AIDS medication without notification. The new medication caused Taylor to suffer …
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