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TRO Allows Father to Attend Birth; Court Awards Full Attorney Fees
Article • April 15, 2001 • from PLN April, 2001
Filed under: Gender Discrimination -- Women, OB/GYN, PLRA, Attorney Fees (PLRA), Preliminary Injunctions/TRO's, Marriage, Mothers in Prison
TRO Allows Father to Attend Birth; Court Awards Full Attorney Fees by A U.S. District Court in Ohio awarded attorneys' fees and court costs to a state prisoner and her husband who sought and were granted a Temporary Restraining Order (TRO) allowing the husband to attend the birth of their …
Court May Reduce Post-Judgement Attorney's Fees Rate and Billable Hours
Article • March 15, 2001 • from PLN March, 2001
Filed under: Attorney Fee Awards, PLRA, Attorney Fees (PLRA), Contempt (Civil Procedure), Appeals, Consent Decrees
Court May Reduce Post-Judgement Attorney's Fees Rate and Billable Hours by The Ninth Circuit has held that the district court may reduce the rate of pay and number of billable hours for postjudgment work by prevailing civil rights attorneys in prisoner cases when the postjudgment work is less complex and …
PLRA Doesn't Apply to Civil Commitments
Article • March 15, 2001 • from PLN March, 2001
Filed under: PLRA, Filing Fees (PLRA), Civil Commitment
PLRA Doesn't Apply to Civil Commitments by The court of appeals for the Ninth circuit held that the Prison Litigation Reform Act does not apply to people civilly committed as "sexually violent predators." Sammy Page is civilly committed under California's Sexually Violent Predators Act. Page filed suit in Federal court …
New York Prayer Rule Struck Down
Article • March 15, 2001 • from PLN March, 2001
Filed under: Notice of Rules, Legality of Rules, Attorney Fees (PLRA), Costs, Religious Freedom, Denial of Religious Services, Religious Practices
New York Prayer Rule Struck Down by by Matthew T. Clarke The Second Circuit court of ap- peals has held that Rule 105.11 of the New York State Department of Corrections Services (DOCS) Standards of Inmate Behavior (the Rules) violates the Due Process Clause of the Fifth Amendment when used …
Louisiana Abandons Private Juvenile Prisons
Article • February 15, 2001 • from PLN February, 2001
Filed under: Injury -- Misc., Conditions of Confinement, Failure to Protect (General), Filing Fees (PLRA), Complaints
Louisiana Abandons Private Juvenile Prisons by John E Dannenberg The state of Louisiana agreed to a settlement in federal court September 7, 2000 designed to radically alter the way it operates its juvenile prisons. The agreement was intended to settle several lawsuits against the state, including one by the U.S. …
Ninth Circuit Requires Evidentiary Review Before Terminating Old Consent Decree Under PLRA
Article • February 15, 2001 • from PLN February, 2001
Filed under: Consent Decrees (PLRA), Injunctions (PLRA), Law Library Access/Adequacy, Death Penalty/Death Row, Death Row
Ninth Circuit Requires Evidentiary Review Before Terminating Old Consent Decree Under PLRA by by John E. Dannenberg The US Court of Appeals for the Ninth Circuit reversed the district court's termination of prospective relief under two long-standing consent decrees at San Quentin State Prison and remanded with directions to hold …
Failure to Exhaust Requires Hearing Before Dismissal
Article • February 15, 2001 • from PLN February, 2001
Filed under: Administrative Exhaustion (PLRA), Mental Health, Involuntary Treatment/Drugging
Failure to Exhaust Requires Hearing Before Dismissal by The court of appeals for the Second Circuit held that a prisoner's failure to exhaust administrative remedies was not grounds for dismissal for failure to state a claim. The court also held that pro se prisoner litigants must be given an opportunity …
Leave to Amend Complaint Improperly Denied
Article • February 15, 2001 • from PLN February, 2001
Filed under: Conditions of Confinement, Strip Cells, Administrative Exhaustion (PLRA), Legal Property, Complaints
Leave to Amend Complaint Improperly Denied by The court of appeals for the ninth circuit held that a district court erred in refusing to allow a pro se prisoner to amend his complaint. Fred Bennett, a California state prisoner, filed suit against various prison officials. The district court dismissed the …
Iowa Segregation Suit Settled
Article • January 15, 2001 • from PLN January, 2001
Filed under: Hearing Officers, Sanctions (Disciplinary Hearings), Overcrowding, Eighth Amendment, Exercise, Injunctions (PLRA), Ad-Seg Hearings, Mental Health, Failure to Treat (Mental Illness)
Iowa Segregation Suit Settled by James Quigley A federal district court in Iowa held that after nearly a decade of unconstitutional conditions, state prison officials have finally submitted an acceptable plan to remedy substantive due process violations relating to extraordinarily longterm lockup, and various Eighth Amendment violations in a segregation …
Administrative Exhaustion Required in Third Circuit; U.S. S. Ct. Grants Review
Article • January 15, 2001 • from PLN January, 2001
Filed under: Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings, Prisoner Property
Administrative Exhaustion Required in Third Circuit; U.S. S. Ct. Grants Review by The Court of Appeals for the Third Circuit ruled that the PLRA requires exhaustion of administrative remedies for all prisonerinitiated prisoncondition federal court actions, even if "available" remedies exclude the specific relief sought. Applying the rule to both …
PLRA Attorney's Fees Cap Applies to Nonprisoner Intervenors
Article • January 15, 2001 • from PLN January, 2001
Filed under: Attorney Fees (PLRA), Mail, Publications/Books, Sexually Explicit Materials, Mail Regulations, Due Process
PLRA Attorney's Fees Cap Applies to Nonprisoner Intervenors by The Fourth Circuit has held that a publisher who intervened in a law suit filed by prisoners is subject to the attorney fees cap of the Prison Litigation Reform Act. Virginia state prisoners Donald Hodges and Michael Flores sued Keen Mountain …
U.S. S.Ct. Upholds PLRA Automatic Termination Law
Article • January 15, 2001 • from PLN January, 2001
Filed under: PLRA, Consent Decrees (PLRA)
U.S. S.Ct. Upholds PLRA Automatic Termination Law by On June 19, 2000, a divided U.S. supreme court upheld the constitutionality of 18 U.S.C. § 3626(e)(2). In 1996 congress enacted the Prison Litigation Reform Act (PLRA). Among the PLRA's provisions are 18 U.S.C. § 3626(b)(2) which allows for the "immediate termination" …
Excessive Force Claims Require Administrative Exhaustion
Article • December 15, 2000 • from PLN December, 2000
Filed under: ENT, Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings
Excessive Force Claims Require Administrative Exhaustion by The court of appeals for the Sixth circuit held that prisoners filing suit seeking only money damages for excessive use of force by prison employees must exhaust their administrative remedies before they file suit. Dwight Freeman, an Ohio state prisoner, filed suit seeking …
Sexual Assault, Beatings State Claim
Article • December 15, 2000 • from PLN December, 2000
Filed under: Staff-Prisoner Assault, Injury -- Misc., Eighth Amendment, Administrative Exhaustion (PLRA), Physical Injury Rule, Excessive Force, Guard Brutality/Beatings
Sexual Assault, Beatings State Claim by The court of appeals for the Second circuit held that a district court erred when it, sua sponte, dismissed a prisoner's claim that he was beaten and sexually assaulted by guards. The court also held that the lower court erred when it dismissed the …
Error to Dismiss Suit for Inability to Pay Filing Fee
Article • December 15, 2000 • from PLN December, 2000
Filed under: Filing Fees (PLRA), Civil Procedure, Appeals, Limitations
Error to Dismiss Suit for Inability to Pay Filing Fee by The court of appeals for the Fifth circuit held that it was an abuse of discretion for a district court to dismiss a prisoner's suit for failure to pay the initial assessed filing fee without first determining if the …
PLRA Physical Injury Rule Does Not Apply to Mail Claims
Article • December 15, 2000 • from PLN December, 2000
Filed under: Physical Injury Rule, Civil Procedure, Standing, Mail Regulations
PLRA Physical Injury Rule Does Not Apply to Mail Claims by The court of appeals for the Seventh circuit held that prefiling screening under the Prison Litigation Reform Act (PLRA) applies to all prisoner lawsuits, regardless of their fee status and the PLRA's physical injury requirement does not apply to …
Administrative Remedies Exhaustion Tolls LA Statute of Limitations
Article • November 15, 2000 • from PLN November, 2000
Filed under: Medical, Skeletal Injury, Administrative Exhaustion (PLRA), Limitations
Administrative Remedies Exhaustion Tolls LA Statute of Limitations by Ronald Young By Ronald Young The court of appeals for the Fifth circuit held that state administrative proceedings a prisoner was required to exhaust tolled Louisiana's one-year prescriptive period for filing a civil rights claim. The court also held that the …
NY School-Age Prisoners Entitled to Educational Services
Article • November 15, 2000 • from PLN November, 2000
Filed under: Jail Specific, Administrative Exhaustion (PLRA), Education, Civil Procedure, State Law Claims, Class Certification, Americans with Disabilities Act, Individuals with Disabilities Education Act
NY School-Age Prisoners Entitled to Educational Services by New York City school-age prisoners were granted declaratory judgment establishing defendants' liability for failure to provide adequate general and special educational services to class members at the Rikers Island facility. Plaintiffs in this class action § 1983 suit are 16- to 21-year-old …
$78,000 Damages and Fees Awarded in KS Kosher Diet Suit
Article • November 15, 2000 • from PLN November, 2000
Filed under: PLRA, Attorney Fees (PLRA), Damages, Costs, Qualified Immunity, Religious Diet
$78,000 Damages and Fees Awarded in KS Kosher Diet Suit by A federal district court in Kansas awarded a prisoner $30,622 in attorneys' fees and $1,200 in costs and expenses. The court held, however, that the Prison Litigation Reform Act (PLRA), required the court to apply 25 percent of plaintiff's …
Ninth Circuit Reverses Madrid v. Gomez, Adopts Martin v. Hadix
Article • October 15, 2000 • from PLN October, 2000
Filed under: Conditions of Confinement, Totality of Conditions, Appointment of Counsel, Attorney Fees (PLRA)
Ninth Circuit Reverses Madrid v. Gomez, Adopts Martin v. Hadix by Ninth Circuit Reverses Madrid V. Gomez, Adopts Martin v. Hadix By Matthew T. Clarke The Ninth Circuit has ruled that the Prison Litigation Reform Act (PLRA) attorney fees caps do not apply to work performed prior to the enactment …
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