Skip navigation

Search

125 results
Page 5 of 7. « Previous | 1 2 3 4 5 6 7 | Next »

Arizona Can't Seize All Prison Labor Back Wages by The Arizona court of appeals held that the state of Arizona can only seize thirty percent of a successful prisoner litigants back wages award. In 1983 and 1984 Richard Ford, an Arizona state prisoner, worked for Cutter Industries, a private company …
Frivolous Qualified Immunity Appeals Warrant Sanctions by The court of appeals for the Sixth Circuit that it lacked jurisdiction over an interlocutory appeal from an order denying qualified immunity because the prison medical personnel defendants would not concede to view the facts in a light most favorable to the prisoner. …
Article • July 15, 1999 • from PLN July, 1999
Texas Courts Must Hold Hearing Before Dismissing Suit for Having No Arguable Basis in Fact by A Texas state appellate court held that prison guards may not be sued as individuals under the Texas Tort Claims Act, Texas Civil Practice and Remedies Code §§ 101.001101.109, and district courts may not …
PLN Writer Settles Nude Photo Suit for $3,000 by On June 2, 1998, a Florida prisoner and Assistant Attorney General struck a settlement deal in the midst of a federal trial. The prisoner regained possession of two nude photos confiscated by DOC officials in 1993 and received approximately $3,000 in …
Article • November 15, 1998 • from PLN November, 1998
$28,719 Assessed Against Pro Se Litigant by Afederal district court in Virginia assessed $28,719.25 in defendants' attorney fees against an unsuccessful pro se prisoner litigant but declined to impose Rule 11 sanctions. John McGlothlin, a Virginia state prisoner, filed suit claiming violation of his right to the free exercise of …
Article • April 15, 1998 • from PLN April, 1998
5th Cir. Holds IFP Dismissals Are With Prejudice by 5th Cir. Holds IFP Dismissals are With Prejudice The court of appeals for the fifth circuit, en banc, held that cases dismissed under 28 U.S.C. § 1915, the In Forma Pauperis (IFP) statute will now be considered to be with prejudice, …
Frivolous State Litigation by Paul Wright By Paul Wright The court of appeals for the eighth circuit held that a prisoner's demotion from administrative to punitive segregation did not implicate any federal due process liberty interest. We would not normally report this case because it involves no new or novel …
No Frivolousness Review Allowed When Filing Fee Paid by The court of appeals for the eighth circuit held that a district court erred when it dismissed portions of a pro se prisoner's complaint after the filing fee had been paid. The lower court also erred when it instructed the defendants …
Denial of Eyeglasses Violates Eighth Amendment by The court of appeals for the second circuit held that a vision impaired prisoner who is denied medically prescribed eyeglasses states a claim for violation of the eighth amendment. The court also gave some interesting comments that this case should not be confused …
$75,000 Jury Verdict in Prisoner Attack Affirmed by The court of appeals for the seventh circuit affirmed a jury verdict awarding a prisoner $75,000 in compensatory damages and $55,262.42 in attorney fees after the prisoner was threatened then beaten by other prisoners. Gregory Pope, an Illinois state prisoner, was threatened …
Reversal of Frivolous Dismissal Voids PLRA Strike by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act (PLRA) applies retroactively to appeals pending on its date of enactment as well as cases dismissed prior to its enactment. The court also held that dismissals based …
Article • March 15, 1997 • from PLN March, 1997
PLRA 'Strike' Removed by A federal district court in Maryland issued an order removing a PLRA "strike" against a prisoner litigant. The Prison Litigation Reform Act (PLRA) added section (g) to 28 U.S.C. § 1915. The new section states that whenever a prisoner has had three suits dismissed as frivolous …
Article • March 15, 1997 • from PLN March, 1997
Case Closed After 24 Years by by Ronald Del Raine, Leavenworth, KS [Editor's Note: This is the oldest running prison case that PLN is aware of. Talk about frivolous litigation?! How much money did the government spend dragging this through the courts for more than two decades?] In November 1972, …
Article • October 15, 1996 • from PLN October, 1996
Complaint Can't Be Dismissed if Partial Filing Fee Paid by The court of appeals for the second circuit held that district courts cannot require indigent litigants to pay a partial filing fee and then dismiss their complaints as frivolous under 28 U.S.C. § 1915(d). Jerry Hughes, a New York state …
TVs for Justice by Dan Pens According to a Tulsa newspaper, Oklahoma prisoner Bruce Hawkins filed a suit in which he claimed he was assaulted and abused by prison guards and then denied medical treatment. Federal district court judge Ralph Thompson held there was no merit to the case and …
Failure to Protect States Claim by The court of appeals for the fifth circuit held that a district court erred in dismissing as frivolous a suit by a prisoner claiming his eighth amendment rights were violated when they failed to protect him from attack by other prisoners. Billy Horton, a …
Article • July 15, 1996 • from PLN July, 1996
New Jersey Governor Vetoes Frivolous Bill by In the January '96 issue of PLN we featured "TX Anti-Litigation Law," about a law passed in Texas purportedly to stem "frivolous" litigation by prisoners. Also in that article was information about how this type of law was crafted by the National Association …
Article • June 15, 1996 • from PLN June, 1996
IFP Status Not Available for Trivial Suits by The court of appeals for the third circuit has expanded the ability of district courts to dismiss suits filed in forma pauperis by indigents. This case epitomizes the maxim that bad cases make bad case law. Melvin Deutsch is a federal prisoner …
Damn Lies and Statistics by Most PLN readers are well aware of the conservative PR campaign designed to convince legislators and the voting public that the courts are threatened with drowning in a deluge of prisoner-initiated litigation. The National Association of Attorneys General (NAAG) has developed model legislation designed to …
Article • April 15, 1996 • from PLN April, 1996
Fourth Circuit Rules on IFP Statute, Again by In the July, 1995, issue of PLN we reported Nasim v. Warden, Maryland House of Correction, 42 F.3d 1472 (4th Cir. 1995) in which the fourth circuit court of appeals reversed a district court's dismissal of a prisoners' § 1983 suit as …
Page 5 of 7. « Previous | 1 2 3 4 5 6 7 | Next »