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Article • August 15, 1998 • from PLN August, 1998
Plaintiffs Must Be Allowed to Present Evidence in PLRA Motions to Terminate Prospective Relief by The court of appeals for the Eighth circuit held that court injunctions limiting jail or prison populations must be dissolved unless findings to justify such relief are entered by a three judge district court. Once …
Article • August 15, 1998 • from PLN August, 1998
Consent Decree Termination Upheld by Consent Decree Termination Upheld: In the April, 1997, issue of PLN we reported Hadix v. Johnson , 947 F. Supp. 1100 (ED MI 1997) where a district court struck down 18 U.S.C. § 3626 as unconstitutional. Section 3626 allows for the immediate termination of consent …
No Interlocutory Appeals in Decree Terminations by The court of appeals for the Sixth circuit held that it lacks jurisdiction to hear interlocutory appeals in motions to terminate consent decrees. In 1984 the United States sued the state of Michigan over unconstitutional prison conditions. The lawsuit was settled with a …
Article • July 15, 1998 • from PLN July, 1998
Consent Decree Termination Upheld by In the June, 1997, issue of PLN we reported Inmates of Suffolk County Jail v. Sheriff of Suffolk County , 952 F. Supp. 869 (D MA 1997) in which a federal district court in Massachusetts upheld 18 U.S.C. § 3626, the PLRA provision which allows …
Article • June 15, 1998 • from PLN June, 1998
PLRA Termination Provisions Unconstitutional by A federal district court in Arizona held that the Prison Litigation Reform Act (PLRA) section providing for termination of consent decrees entered into prior to the PLRA's enactment is unconstitutional, as being violative of the separation of powers doctrine. The court further ruled that the …
Article • April 15, 1998 • from PLN April, 1998
PLRA Termination Provisions Constitutional by The court of appeals for the eighth circuit held that the "immediate termination" provisions of the Prison Litigation Reform Act (PLRA) does not violate the separation of powers doctrine, the due process clause, or equal protection. A contrary finding by an Iowa district court was …
Article • December 15, 1997 • from PLN December, 1997
Alabama AG Moves to Dissolve 17 Consent Decrees by Alabama Attorney General Bill Pryor and state Prison Commissioner Joe Hopper went into federal courts across the state July 2, 1997, moving (under provisions of the PLRA) to dissolve consent decrees governing conditions at three state prisons and 14 county jails. …
VI Decree Modification Denied Under PLRA, DOC Held in Contempt by A federal district court in the Virgin Islands made specific factual findings under the terms of the Prison Litigation Reform Act (PLRA) holding that prison and jail conditions on the island were unconstitutional and required federal court intervention to …
Article • October 15, 1997 • from PLN October, 1997
Consent Decree Termination Provision Upheld by A federal district court in Indiana held that 18 U.S.C. § 3636(b)(2), which allows for the immediate termination of previously entered consent decrees, is constitutional. The court rejected arguments that § 3626(b)(2) violates prisoners' right to equal protection, impairs contracts and violates the separation …
Article • September 15, 1997 • from PLN September, 1997
Pro Se Tips and Tactics (Consent Decrees) by John Midgley What A Consent Decree Is This column discusses so-called "consent decrees" in prison cases. I briefly address the advantages of trying to get a consent decree in certain cases, and current issues regarding consent decrees. This column assumes that either …
Article • July 15, 1997 • from PLN July, 1997
Automatic Stay Provisions by After a federal district court in Michigan found the Michigan DOC guilty of contempt for not complying with prior judicial orders on the prisoners' court access and educational opportunities, see: Glover v. Johnson, 934 F. Supp. 1360 (ED MI 1996), the defendants moved to immediately terminate …
Consent Decree Termination by A federal district court in Indiana heard a motion by Lake County officials to dissolve a consent decree governing jail conditions. The motion sought immediate termination of the decree pursuant to 18 U.S.C. § 3626(b)(2) and (3). The court gave an extensive discussion to the history …
Article • June 15, 1997 • from PLN June, 1997
Massachusetts Court Avoids Ruling on Consent Decree Termination by A federal district court in Massachusetts avoided ruling on the constitutionality of the Prison Litigation Reform Act's (PLRA) provisions requiring immediate termination of jail and prison consent decrees, 18 U.S.C. § 3626(b)(2), by refusing to vacate a jail consent decree but …
Article • May 15, 1997 • from PLN May, 1997
Indiana Muslim Consent Decree Vacated under PLRA by A federal district court in Indiana applied the Prison Litigation Reform Act (PLRA) to immediately terminate a consent decree judgment governing prisoners' religious rights. In 1982 prisoners at the Indiana State Prison entered into a consent decree with prison officials to settle …
PLRA Consent Decree Termination Provision Unconstitutional by A federal district court in Michigan held that provisions of the Prison Litigation Reform Act (PLRA) calling for the immediate termination of consent decrees where no findings of constitutional violations were made by the court, was unconstitutional on several grounds. The PLRA created …
Article • February 15, 1997 • from PLN January, 1997
NY Jail Consent Decrees Vacated under PLRA by A federal district court in New York upheld the constitutionality of the Prison Litigation Reform Act (PLRA) and terminated a series of consent decrees in seven cases that governed conditions at Rikers Island and several other New York City jails. Readers should …
South Carolina Consent Decree Terminated under PLRA by The court of appeals for the fourth circuit upheld the termination of a consent decree pursuant to the Prison Litigation Reform Act (PLRA) and rejected challenges to the constitutionality of the PLRA. In 1982 South Carolina prisoners filed suit challenging conditions of …
Article • December 15, 1996 • from PLN December, 1996
PLRA Stay Provision Held Unconstitutional by In two separate rulings different judges in Michigan held that the stay provisions of the Prison Litigation Reform Act (PLRA), codified at 18 U.S.C. § 3626(e) are unconstitutional. Among the PLRA's provisions to section 3626(e) which provides that "Prospective relief subject to a pending …
Overview by National Prison Project by the National Prison Project [Editor's Note: In the July, 1996, issue of PLN we reported enactment of the Prison Litigation Reform Act (PLRA) into law. The PLRA was aimed at substantially reducing prisoners' ability to petition the courts as well as eliminating the courts' …
Prison Litigation Reform Act Passed by Paul Wright On April 27, 1996, president Clinton signed the Prison Litigation Reform Act (PLRA) into law attached as a rider to the budget for the Justice Department. The PLRA is the culmination of a lengthy campaign waged by prisoncrats and the National Association …
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