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No Refund or Cancellation of Filing Fees on Appeal
Article • January 15, 2002 • from PLN January, 2002
Filed under: PLRA, Filing Fees (PLRA), Settlements, Appeals
No Refund or Cancellation of Filing Fees on Appeal by The Court of Appeals for the Second circuit held that prisoners who proceed in forma pauperis (IFP) on appeal, and later choose to dismiss their appeals before a ruling issues, are not entitled to a refund of the filing fees …
Prisoners Entitled to Hearing Before Consent Decree Termination
Article • January 15, 2002 • from PLN January, 2002
Filed under: Conditions of Confinement, Totality of Conditions, Consent Decrees (PLRA)
Prisoners Entitled to Hearing Before Consent Decree Termination by John E Dannenberg by John E. Dannenberg The U.S. District Court's (D.N.H.) PLRA based termination of a 1975 New Hampshire state prison consent decree was vacated and remanded to permit the prisoners an opportunity to demonstrate if there were any "current …
En Banc Third Circuit Rules on PLRA Three Strikes
Article • January 15, 2002 • from PLN January, 2002
Filed under: PLRA, Frivolous Litigation (PLRA), Pepper Spray/Tear Gas
En Banc Third Circuit Rules on PLRA Three Strikes by In a 134 en banc decision, the Third Circuit Court of Appeals abandoned its prior interpretation of the "imminent danger" exception to the PLRA's "three strikes" rule, 28 U.S.C. § 1915(g), and adopted the interpretation given to the phrase by …
New Jersey Prisoners Exempt from Exhaustion Requirement
Article • January 15, 2002 • from PLN January, 2002
Filed under: Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings
New Jersey Prisoners Exempt from Exhaustion Requirement by New Jersey Prisoners Exempt From Exhaustion Requirement A federal district court has held that New Jersey prisoners are not required to exhaust institution implemented grievance procedures before filing a civil rights suit. New Jersey prisoners Victor Concepcion and Anthony Ways filed suit …
PLRA Screening Applies Regardless of Fee Status
Article • January 15, 2002 • from PLN January, 2002
Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA), Complaints
PLRA Screening Applies Regardless of Fee Status by The Tenth Circuit Court of Appeals held that the Prison Litigation Reform Act (PLRA) screening and dismissal provisions apply even when the prisoner is not proceeding in forma pauperis . Federal prisoner Gerald Plunk filed a Bivens action alleging that he was …
Damages Awarded in Ohio Disciplinary Suit
Article • January 15, 2002 • from PLN January, 2002
Filed under: Disciplinary Litigation, Informants (Disciplinary Hearings), Witnesses (Disciplinary Hearings), Drug Testing, Administrative Exhaustion (PLRA), Civil Procedure, Injunctions, Standing
Damages Awarded in Ohio Disciplinary Suit by A federal district court in Ohio held that a trial was required to determine if a prisoner was improperly denied the right to call witnesses at a disciplinary hearing. The Court also held that the suit was not barred by the PLRA or …
Iowa Law Library Consent Decree Terminated Under PLRA
Article • January 15, 2002 • from PLN January, 2002
Filed under: PLRA, Consent Decrees (PLRA), Law Library Access/Adequacy
Iowa Law Library Consent Decree Terminated Under PLRA by A federal district court in Iowagranted prison officials' motion for termination of a consent decree requiring the maintenance of law libraries, pursuant to the Prison Litigation Reform Act, (PLRA). In 1973 Charles Martin, a prisoner of the Iowa State Penitentiary (ISP), …
Use of Force, Religious Diet Claims Set for Trial
Article • December 15, 2001 • from PLN December, 2001
Filed under: Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings, Qualified Immunity, Censorship, Religious Diet
Use of Force, Religious Diet Claims Set for Trial by A New York prisoner's 42 U.S.C. § 1983 lawsuit on First and Eighth Amendment violations survived three out of four summary judgment challenges by prison officials and moved closer to trial. On September 5, 1996, Abdul Majid, a prisoner at …
Sixth Circuit Rules PLRA Attorneys' Fees Cap Provisions Not Unconstitutional
Article • December 15, 2001 • from PLN December, 2001
Filed under: Attorney Fees (PLRA), Excessive Force, Guard Brutality/Beatings, Damages
Sixth Circuit Rules PLRA Attorneys' Fees Cap Provisions Not Unconstitutional by Two District Court Rulings Overturned The Court of Appeals for the Sixth Circuit has overruled two federal magistrates, both of whom, in separate decisions, had previously held that the statutory limitatons on attorneys' fees in prisoner civil rights actions …
PLRA Bars Mental and Emotional Damages for Asbestos Exposure
Article • December 15, 2001 • from PLN December, 2001
Filed under: Asbestos, PLRA, Physical Injury Rule, Damages, Complaints
PLRA Bars Mental and Emotional Damages for Asbestos Exposure by The Fifth Circuit Court of Appeals has held that a prisoner may not recover damages for mental and emotional injuries due to his exposure to asbestos and other health-threatening prison conditions. Johnny Ray Herman, a Louisiana state prisoner, filed suit …
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 …
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