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Inquiry Required Before Dismissal for Failure to Pay Partial Filing Fee
Article • May 15, 2000 • from PLN May, 2000
Filed under: PLRA, Filing Fees (PLRA)
Inquiry Required Before Dismissal for Failure to Pay Partial Filing Fee by Inquiry Required Before Dismissal for Failure to Pay Partial Filing Fee The Eleventh Circuit Court of Appeals has held a district court must inquire into why a prisoner failed to pay an initial partial filing fee as ordered …
Class Action Prisoners Must Show Actual Injury to Maintain Access to Courts Relief
Article • April 15, 2000 • from PLN April, 2000
Filed under: Injunctions (PLRA), Court Access, Class Certification
Class Action Prisoners Must Show Actual Injury to Maintain Access to Courts Relief by by Matthew T. Clarke The Sixth Circuit has held that prisoner plaintiffs in a class action access to courts lawsuit must show widespread actual injury to maintain an injunction previously ordered by the federal district court. …
Seventh Circuit Prisoners Must Exhaust Futile Grievance Remedies
Article • April 15, 2000 • from PLN April, 2000
Filed under: Medical, Injury -- Misc., Hernias, Administrative Exhaustion (PLRA), Defenses, Complaints
Seventh Circuit Prisoners Must Exhaust Futile Grievance Remedies by In two separate rulings, the Seventh Circuit Court of Appeals has held that prisoners must exhaust administrative remedies before filing suit, regardless of the relief sought and no matter how ineffectual the prison grievance system may be. Eduardo Perez, a Wisconsin …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies
Article • March 15, 2000 • from PLN March, 2000
Filed under: Out of State Transfers, Corrections Corporation of America/CoreCivic, HIV/AIDS, Systemic Medical Neglect, Medical Records, Escapes, Failure to Protect (General), Eighth Amendment, Attorney Fee Awards, Injunctions (PLRA), Guard Brutality/Beatings, Civil Procedure, Damages, Settlements, Defenses, State Law Claims, Standing, Parties, Qualified Immunity, Contractor Liability, Failure to Protect (Wrongful Death)
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
Hearing Required Prior to Automatic Termination Under PLRA
Article • March 15, 2000 • from PLN March, 2000
Filed under: Conditions of Confinement, Totality of Conditions, Overcrowding, Consent Decrees (PLRA), Injunctions (PLRA)
Hearing Required Prior to Automatic Termination Under PLRA by The Eleventh Circuit has held that a federal district court must hold a hearing on the current conditions at the prison and the scope of the prospective relief to be terminated before terminating prospective relief in a prison conditions lawsuit under …
PLRA Attorney Fees Cap Violates Equal Protection Clause
Article • March 15, 2000 • from PLN March, 2000
Filed under: Retaliation for Litigating, Retaliation for Filing Grievances, PLRA, Attorney Fees (PLRA), Damages
PLRA Attorney Fees Cap Violates Equal Protection Clause by by Matthew T. Clarke A federal district court in Michigan has held that the attorney fees cap in the Prison Litigation Reform Act (PLRA), codified at 42 U.S.C. § 1997e(d), violates the equal protection component of the Due Process Clause of …
Third Circuit Evenly Split on PLRA Attorney Fee Cap
Article • March 15, 2000 • from PLN March, 2000
Filed under: Attorney Fees (PLRA), Excessive Force, Guard Brutality/Beatings, Dogs, Damages
Third Circuit Evenly Split on PLRA Attorney Fee Cap by Circuit has barely upheld the constitutionallity of the Attorney Fee Cap Provision of the Prison Litigation Reform Act (PLRA) 42 U.S.C. § 1997e(d). Michael Collins brought suit alleging the defendants violated his constitutional rights when he was attacked by a …
Judicial Screening Applies Only to IFP Suits
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA)
Judicial Screening Applies Only to IFP Suits by The court of appeals for the Sixth circuit held that 28 U.S.C. § 1915(e)(2), which requires judicial screening of lawsuits and dismissal under certain conditions, applies only to suits filed in forma pauperis (IFP), or without the pre-payment of the filing fees. …
"Three Strikes" Provision of PLRA Unconstitutional
Article • February 15, 2000 • from PLN February, 2000
Filed under: Filing Fees (PLRA), Frivolous Litigation (PLRA), Civil Procedure, Standing, Parole
"Three Strikes" Provision of PLRA Unconstitutional by A federal district court in Arkansas held that a prisoner had standing to challenge the "three strikes" provision of the Prison Litigation Reform Act (PLRA) on equal protection grounds, and that "strict scrutiny" analysis applied. As a result, the provision was declared unconstitutional. …
Filing Fee Refunded in Habeas Case
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA), Habeas Corpus
Filing Fee Refunded in Habeas Case by A federal district court in Massachusetts held that a habeas petitioner had incorrectly been required to pay the appellate filing fee. Because the Prison Litigation Reform Act's (PLRA) filing fee requirements do not apply to habeas petitions the court ordered the filing fee …
No Filing Fee Required if IFP Denied in DC Circuit
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA), Appeals
No Filing Fee Required if IFP Denied in DC Circuit by No Filing Fee Required if IFP Denied in DC Circuit: Reflecting a widening split between the circuits on this issue, the court of appeals for District of Columbia circuit held that when prisoner plaintiffs are denied In Forma Pauperis …
Tenth Circuit Clarifies Three Strikes
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA), Habeas Corpus
Tenth Circuit Clarifies Three Strikes by The court of appeals for the Tenth circuit held that under 28 U.S.C. 1915(g), which prohibits IFP status for prisoner litigants that have had three or more suits dismissed as frivolous, malicious or for failing to state a claim upon which relief can be …
Wisconsin Release Account Used to Pay Filing Fees
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA), Seizure of Prisoner Funds
Wisconsin Release Account Used to Pay Filing Fees by A federal district court in Wisconsin held that a prisoner's "release account" can be used to pay PLRA filing fees. The Wisconsin DOC takes a percentage of prisoners' money which it places in an account that can only be accessed when …
Warden Purged of Contempt
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA), Contempt (Civil Procedure)
Warden Purged of Contempt by In the August, 1999, issue of PLN we reported Hall v. Stone, 170 F.3d 706 (7th Cir. 1999) in which Bureau of Prisons (BOP) warden John Farello was held in contempt of court for failing to pay a prisoners' PLRA filing fee. In this ruling …
PLRA Doesn't Apply to Civil Commitments
Article • February 15, 2000 • from PLN February, 2000
Filed under: Conditions of Confinement, Totality of Conditions, Consent Decrees (PLRA), Civil Commitment
PLRA Doesn't Apply to Civil Commitments by A federal district court in Massachusetts held that the PLRA does not apply to sexually dangerous people who are civilly committed, even when the facility they are housed in is in fact a prison administered by the state prison system. In 1975 a …
28 U.S.C. § 1915A Applies to All Prisoner Suits
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA)
28 U.S.C. § 1915A Applies to All Prisoner Suits by 28 U.S.C. § 1915A Applies to All Prisoner Suits The court of appeals for the Second circuit held that 28 U.S.C. § 1915A applies to all suits filed by prisoners. Section 1915A requires district courts to screen civil suits filed …
PLRA Administrative Remedy Exhaustion Requirement Not Retroactive
Article • February 15, 2000 • from PLN February, 2000
Filed under: Administrative Exhaustion (PLRA), Religious Freedom, Clergy
PLRA Administrative Remedy Exhaustion Requirement Not Retroactive by The Second Circuit has held that the Exhaustion of Administrative Remedies requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a), does not apply to suits pending prior to the PLRA's enactment. Abdullah Y. Salahuddin, a New York state prisoner, …
Ninth Circuit Vacates Previous Opinion Ruling PLRA's Provision Unconstitutional
Article • December 15, 1999 • from PLN December, 1999
Filed under: Disciplinary Litigation, PLRA, Consent Decrees (PLRA)
Ninth Circuit Vacates Previous Opinion Ruling PLRA's Provision Unconstitutional by Rules Taylor Not a Consent Decree In 1972, Eddie W. Taylor and George Yanich, Jr., Arizona state prisoners, filed class action suits under 28 U.S.C. § 2254 and 42 U.S.C. § 1983 challenging Arizona's prisoner behavior and discipline rules and …
IFP Plaintiffs Must Have Opportunity to Challenge Reasons for "Bad Faith" Certifications
Article • December 15, 1999 • from PLN December, 1999
Filed under: PLRA, Filing Fees (PLRA), Appeals
IFP Plaintiffs Must Have Opportunity to Challenge Reasons for "Bad Faith" Certifications by The U.S. court of appeals for the Seventh Circuit held that prisoners, who proceed in forma pauperis (IFP) before a district court, are entitled to an opportunity to give reasons justifying an appeal, whenever a district court …
Eleventh Circuit Upholds Constitutionality of PLRA's Automatic Termination Provision
Article • December 15, 1999 • from PLN December, 1999
Filed under: PLRA, Consent Decrees (PLRA)
Eleventh Circuit Upholds Constitutionality of PLRA's Automatic Termination Provision by The Eleventh Circuit court of appeals has upheld the constitutionality of the immediate termination provisions of the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626(b)(2). Alabama women state prisoners filed a class-action civil rights suit under 42 U.S.C. § …
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