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Article • May 15, 2007
Preliminary Injunction Insufficient for Prevailing Party Status by Under Buckhannon, a preliminary injunction does not make a plaintiff a prevailing party for fees purposes, since the merits inquiry for a preliminary injunction is "necessarily abbreviated" and in some cases a plaintiff need only establish a substantial question on the merits. …
Oklahoma Orthodox Jewish Prisoners Win Kosher Diet by John Dannenberg by John E. Dannenberg Three Orthodox Jewish state prisoners won both preliminary and permanent injunctive relief requiring the Oklahoma Department of Corrections (ODOC) to provide them a Kosher diet at no personal cost. Prisoners Dennis Fulbright, Jon Cottriel and Jerry …
Article • March 15, 2007 • from PLN March, 2007
Federal Court Restrains Los Angeles County Jail Overcrowding by John Dannenberg by John E. Dannenberg On October 27, 2006, the U.S. District Court (C.D. Cal.) issued an ?Order to Show Cause (?OSC?) re Issuance of Preliminary Injunction or Temporary Restraining Order,? plus imposed initial restraints, regarding the ongoing unconstitutional overcrowding …
Federal Court Compels Activation of California DOC Mental Health Crisis Beds; Approves New $111 Million Mental Care Hospital by John Dannenberg by John E. Dannenberg California?s 16-year-old prisoner mental health federal lawsuit (originally, Coleman v. Wilson) was given new and urgently needed life on May 2, 2006 when a frustrated …
Article • January 15, 2007 • from PLN January, 2007
Missouri Prison Ordered to Provide Immediate Abortion by A federal court in Missouri granted an injunction to a female prisoner, requiring the Women?s Diagnostic and Correctional Center (WERDCC) to transport her for an immediate abortion. Prisoner Roe was approximately 16-17 weeks pregnant and had been requesting an abortion while confined …
Idaho Population Cap Upheld; $155,858.68 in Fees and Cost Awarded; 300+ Prisoners Shipped to Minn. C by Idaho Population Cap Upheld; $155,858.68 in Fees and Cost Awarded; 300+ Prisoners Shipped to Minn. CCA Facility A federal court in Idaho has refused to lift a 1987 population cap on four housing …
RLUIPA Bars Total Ban on Melanic Literature by A Michigan federal district court has entered an injunction that bars the Michigan Department of Corrections (MDOC) from continuing a total ban on Melanic literature, requiring MDOC officials to screen such literature to ensure prohibited materials are prevented entry into MDOC prisons. …
Legal Research Prohibition Upon Contract Attorney Denies Adequate Court Access by David Reutter by David M. Reutter An Iowa federal district court has held that the legal assistance program at Iowas Anamosa State Penitentiary (ASP) was an unconstitutional impediment to a prisoners access to the court because it did not …
Native American California Prisoner Entitled to Religious Exception from Prison Hair Grooming Policy by John E Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals, applying the Religious Land Use and Institutionalized Person Act (RLUIPA) (42 U.S.C. § 2000cc, et seq.), held that the blanket three-inch hair length …
Federal Court Seizes California Prisons' Medical Care; Appoints Receiver With Unprecedented Powers by Federal Court Seizes California Prisons' Medical Care; Appoints Receiver With Unprecedented Powers by Marvin Mentor The California Department of Corrections and Rehabilitation (CDCR) is forcefully having its failed healthcare system both corrected and rehabilitated. Despite court-ordered healthcare …
New York's Sex Offender Treatment Program Enjoined; Stay Issued Pending Appeal by by Bob Williams The United States District Court for the Northern District of New York ruled that New York's program for treating convicted state sex offenders violates the Fifth Amendment's guarantee against compulsory self-incrimination and issued a preliminary …
Article • January 15, 2006 • from PLN January, 2006
New York: Wrongfully Imprisoned Man Settles For $5,000,000 by by Michael Rigby A man who was wrongfully convicted of raping a 5-year-old girl has settled with the state of New York for $5 million, the largest such settlement in state history. But no amount of money can atone for the …
Article • October 15, 2005 • from PLN October, 2005
Filed under: PLRA, Injunctions (PLRA)
PLRA Attorney Fee-Award Criteria "Directly Incurred" and "Degree Of Success" Explained by PLRA Attorney Fee-Award Criteria "Directly Incurred" and "Degree Of Success" Explained by John E. Dannenberg After a successful jailhouse lawyer retaliation suit (see: PLN, March 2003, p.20, $90,169 Plus Injunction In California Retaliation Suit), California prison official defendants …
Article • October 15, 2005 • from PLN October, 2005
First Circuit Upholds Order Privatizing Prison Health Care In Puerto Rico by Michael Rigby The U.S. First Circuit Court of Appeals held that an order governing the privatization of health care in Puerto Rican prisons was valid and did not violate the Prison Litigation Reform Act (PLRA). This case is …
Federal Forfeiture Motions are Civil, Subject to PLRA by Federal Forfeiture Motions Are Civil, Subject to PLRA The federal prisoner in Wisconsin filed a motion contesting a forfeiture of property in his criminal case. At 696: The motion is a civil action subject to the PLRA, even though it was …
Army Prison Ban On PLN Containing Postage-Stamp-Exchange Ad Is Enjoined, But Ban On Internet Mail Up by Army Prison Ban On PLN Containing Postage-Stamp-Exchange Ad Is Enjoined, But Ban On Internet Mail Upheld by John E. Dannenberg The U.S. District Court (D. KS) enjoined Ft. Leavenworth prison officials from banning …
Ohio Supermax Placement is Atypical & Significant Hardship; Supreme Court Grants Review by Ohio Supermax Placement is Atypical & Significant Hardship; Supreme Court Grants Review By Bob Williams The United States Court of Appeals for the Sixth Circuit has ruled that Ohio state prisoners have a liberty interest under the …
California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted summary judgment and entered a permanent injunction (PI) against the …
$12,003.74 in Fees/Costs Awarded in Excessive Force Use; PLRA Fee Cap Inapplicable to Stipulated Set by $12,003.74 in Fees/Costs Awarded in Excessive Force Use; PLRA Fee Cap Inapplicable to Stipulated Settlements A federal court in New York awarded attorneys' fees of $10,858 and costs of $1,144.95 for a total of …
Seventh Circuit Invalidates Wisconsin News Clippings Ban by The Seventh Circuit Court of Appeals held that a prison ban on clippings and photocopies of clippings from newspapers and magazines violates the First Amendment right of prisoners to receive and exchange information. The court also held, however, that the district court's …
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