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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 …
Nominal Damages Not Monetary Award Under PLRA Attorney's Fees Cap
Article • October 15, 2000 • from PLN October, 2000
Filed under: PLRA, Attorney Fees (PLRA), Restraints, Damages
Nominal Damages Not Monetary Award Under PLRA Attorney's Fees Cap by A federal district court in Maine has held that the award of one dollar in nominal damages does not invoke the PLRA attorney's fees cap, 42 U.S.C. § 1997e(d)(2). Raymond P. Boivin, a Maine state pre-trial detainee, sued a …
Administrative Exhaustion Required in Bivens Suits
Article • October 15, 2000 • from PLN October, 2000
Filed under: Disabled Prisoners, Blind Prisoners, PLRA, Administrative Exhaustion (PLRA), Americans with Disabilities Act, Rehabilitation Act
Administrative Exhaustion Required in Bivens Suits by The court of appeals for the Sixth Circuit ruled that federal prisoners filing Bivens suits must exhaust all administrative remedies regardless of whether or not they are seeking money damages. As previously reported in PLN, the Fifth, Ninth and Tenth circuits have held …
Claim Exhausted When Prison Refuses Grievance Appeal
Article • October 15, 2000 • from PLN October, 2000
Filed under: Disabled Prisoners, Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings
Claim Exhausted When Prison Refuses Grievance Appeal by The court of appeals for the Eleventh circuit held that a Georgia prisoner had exhausted his administrative remedies as required under the Prison Litigation Reform Act (PLRA) when the prison refused to process his grievance appeal. Tracy Miller, a paraplegic Georgia state …
No Administrative Exhaustion Required When AG Won't Give Hearing
Article • October 15, 2000 • from PLN October, 2000
Filed under: Prosecutor/Attorney General Misconduct, Medical, Pain, Surgery, Bedding, Administrative Exhaustion (PLRA)
No Administrative Exhaustion Required When AG Won't Give Hearing by Paul Wright By Paul Wright A federal district court in New York held that a medical indifference claim required administrative exhaustion under the Prison Litigation Reform Act (PLRA) even though money damages were not available as a remedy in the …
Sixth Circuit Terminates Glover v. Johnson
Article • August 15, 2000 • from PLN August, 2000
Filed under: Gender Discrimination -- Women, PLRA, Injunctions (PLRA), Education
Sixth Circuit Terminates Glover v. Johnson by In 1977, two groups of female prisoners of the Michigan Department of Corrections (MDOC) brought two separate §1983 civil complaints against the MDOC and various staff alleging Equal Protection and First Amendment violations with regard to educational and vocational programming (female prisoners sought …
Exhaustion Requirement Discussed, $86,250 Beating Award Upheld
Article • August 15, 2000 • from PLN August, 2000
Filed under: Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings, Damages
Exhaustion Requirement Discussed, $86,250 Beating Award Upheld by The Sixth Circuit Court of Appeals held that the term prison conditions, as used in the Prison Litigation Reform Act at §1997e(a), includes claims of excessive force, thereby subjecting prisoner claims to the Act's administrative exhaustion requirement. The court also held that …
One-Year NY SHU Atypical and Significant Hardship
Article • August 15, 2000 • from PLN August, 2000
Filed under: Injury -- Misc., Disciplinary Hearings, Liberty Interests, Staff Assistance, Notice of Hearing, Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Witnesses, Qualified Immunity
One-Year NY SHU Atypical and Significant Hardship by by Matthew T. Clarke A federal court in New York has held that one year in SHU is an atypical and significant hardship pursuant to Sandin v. Conner, 515 U.S. 472 (1995). The court also held that a prisoner must exhaust state …
Jail Discrimination Violates Equal Protection
Article • August 15, 2000 • from PLN August, 2000
Filed under: Racial Discrimination, PLRA, Frivolous Litigation (PLRA), Legal Mail
Jail Discrimination Violates Equal Protection by The Court of Appeals for the Eighth Circuit held that different treatment of similarly situated prisoners because of their race, states an equal protection claim. In 1998, Ricky L. Powells, a black prisoner, filed three separate lawsuits alleging that several defendants violated his rights …
Administrative Exhaustion not Jurisdictional Satisfied by Letters to Defendants
Article • July 15, 2000 • from PLN July, 2000
Filed under: Prisoner-Prisoner Assault, Administrative Exhaustion (PLRA), Mental Health, Failure to Treat (Mental Illness)
Administrative Exhaustion not Jurisdictional Satisfied by Letters to Defendants by The court of appeals for the Sixth circuit reiterated that the Prison Litigation Reform Act (PLRA) requires administrative exhaustion in all cases, even where prisoners seek money damages not available via prison grievance systems. The court also held that the …
Exhaustion Not Required for Claims of Assault
Article • June 15, 2000 • from PLN June, 2000
Filed under: Staff-Prisoner Assault, Discrimination, Gender Discrimination -- Women, Administrative Exhaustion (PLRA), Damages, Violence Against Women Act, Supervisory Liability
Exhaustion Not Required for Claims of Assault by A federal district court held that the Prison Litigation Reform Act's (PLRA) exhaustion requirement does not apply to assault claims. It also held that a cause of action under the Violence Against Women Act, (VAWA), is analogous to a cause of action …
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