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PLRA’s Administrative Remedies Requirement Tolls Limitations Time but Not Accrual Time by David Reutter by David Reutter In February 2018, the Ninth Circuit Court of Appeals held that the Prison Litigation Reform Act’s administrative exhaustion requirement justifies the tolling of the statute of limitations, but not the creation of a …
Article • September 5, 2018 • from PLN September, 2018
Prison Grievance Coordinator’s Responses Rendered Administrative Remedies Unavailable by David Reutter by David Reutter The Seventh Circuit Court of Appeals held that an Indiana federal district court erred in dismissing a prisoner’s civil rights action for failure to exhaust administrative remedies. The Court held the record indicated the prisoner was …
Article • June 16, 2018
Wrongfully Deported California Permanent Resident Granted Retrial by Christopher Zoukis by Christopher Zoukis     Jose Luis Tapia-Fierro, who was a legal permanent resident of California when he was deported after a conviction of involuntary manslaughter, was granted the right to appeal his deportation decision even after waiving his appeal …
Article • May 9, 2018 • from PLN May, 2018
Dying Prisoner’s Complaint Alleged Claim for Failure to Treat Hepatitis C by The Eleventh Circuit Court of Appeals has reversed the dismissal of a prisoner’s civil rights action that accused staff at Autry State Prison of denying him treatment for hepatitis C. Georgia state prisoner Blair Mitchell, who was serving …
Filing Date of Operative Complaint Dictates if PLRA Exhaustion Applies by The Ninth Circuit Court of Appeals held on August 31, 2017 that “a plaintiff who was in custody at the time he initiated his suit but was free when he filed his amended operative complaint is not a ‘prisoner’ …
Article • March 19, 2018
Filed under: PLRA
Missouri Prison Litigation Reform Act's Fee Requirement Affirmed by Edward Lyon by Edward B. Lyon Twenty-one Jefferson City, Missouri Correctional Center prisoners filed a class action challenge to the state's Prison Litigation Reform Act's (MPLRA) fee requirement for habeas corpus petitions in Cole County's circuit court. The court denied service of process, dismissed the …
Article • March 6, 2018 • from PLN March, 2018
PLRA Strikes Accruing After Notice of Appeal Do Not Count to Determine IFP Eligibility by The Third Circuit Court of Appeals held on August 4, 2017 that in determining a prisoner’s in forma pauperis (IFP) motion, a court must look to the date a pleading is filed – and not …
Brief • February 9, 2018
Graves v. Penzone, AZ, Ptf. Reply in Support of Motion to Re-Open Discovery, Jail Conditions and Care, 2018 Case 2:77-cv-00479-NVW Document 2447 Filed 02/09/18 Page 1 of 12 1 2 3 4 5 6 Gabriel B. Eber (admitted pro hac vice) Eric Balaban (admitted pro hac vice) ACLU National Prison …
Davis v. Mason, IN, Opinion, Guard Excessive Force, 2018 In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-2707 TERRY DAVIS, Plaintiff-Appellant, v. DAVID MASON and BLAKE THRASHER, Defendants-Appellees. ____________________ Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. …
Brief • January 31, 2018
Ball v. LeBlanc, LA, Order and Opinion, Death Row Conditions, 2018 Case: 17-30052 Document: 00514330178 Page: 1 Date Filed: 01/31/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-30052 United States Court of Appeals Fifth Circuit FILED January 31, 2018 Lyle W. Cayce Clerk ELZIE BALL; …
Brief • December 22, 2017
Graves v. Penzone, AZ, Ptf. Motion to Re-open Discovery, Jail Conditions and Care, 2017 Case 2:77-cv-00479-NVW Document 2435 Filed 12/22/17 Page 1 of 14 1 2 3 4 5 6 Gabriel B. Eber (admitted pro hac vice) Eric Balaban (admitted pro hac vice) ACLU National Prison Project 915 15th Street, …
Article • December 19, 2017
District Court Held IFP Not Available on Appeal of Third Strike by David Reutter by David Reutter The Third Circuit Court of Appeal denied an indigent prisoner's motion to proceed forma pauperis (IFP) on appeal from dismissal of a third frivolous civil complaint. The court held that the denial was …
Brief • November 20, 2017
Woodson v. McCollum, OK, Opinion, Plaintiff Obligation to Pay Filing Fees, 2017 PUBLISH FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS November 20, 2017 FOR THE TENTH CIRCUIT _________________________________ Elisabeth A. Shumaker Clerk of Court MARCUS D. WOODSON, Plaintiff - Appellant, v. No. 17-6064 TRACY …
Article • October 10, 2017 • from PLN October, 2017
Second Circuit: Ross Abrogates “Special Circumstances” Exhaustion Exception by The Court of Appeals for the Second Circuit reversed the non-exhaustion dismissal of a New York prisoner’s excessive force suit. Applying Ross v. Blake, 136 S.Ct. 1850 (2016) [PLN, July 2016, p.22], the appellate court held that no administrative remedies were …
Eleventh Circuit: Procedural Dismissals do Not Count as Strikes Under the PLRA by David Reutter by David Reutter The Eleventh Circuit held last year that a district court erred in finding the dismissals of a prisoner’s prior civil rights actions due to “lack of jurisdiction” and for “want of prosecution” …
Ninth Circuit Reinstates Wiccan Prisoner’s Consent Decree by The Ninth Circuit Court of Appeals has sharply criticized a district court’s handling of a Wiccan prisoner’s lawsuit, and reinstated a longstanding consent decree in the case. In 1993, California state prisoner William Rouser filed suit on behalf of himself and thirty …
Article • August 30, 2017 • from PLN September, 2017
Indiana Court Cannot Reduce 45-Day Filing Fee Time Limit by The Indiana Court of Appeals reversed the dismissal of an indigent prisoner’s lawsuit for failing to pay the filing fee within 30 days, when he had complied with state law by paying within 45 days. Indiana prisoners are required to …
Article • June 30, 2017 • from PLN July, 2017
Michigan Jail Sanctioned for Denying Access to Paralegals by Derek Gilna by Derek Gilna On June 23, 2016, jail officials in Genesee County, Michigan entered into a federal consent decree that required them to provide detainees with bottled water to replace water at the jail that was contaminated by lead. …
Brief • May 12, 2017
Pederson v. County of Plumas, CA, Order for Sanctions and Report, Access to Dentures, 2017 Case 2:89-cv-01659-KJN Document 91 Filed 05/11/17 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PEDERSON, et al., 12 …
Murphy v. Smith, USA, Amicus Brief, Prisoner Access to Counsel, 2017 No. 16-1067 IN THE Supreme Court of the United States _________ CHARLES MURPHY, Petitioner, v. ROBERT SMITH AND GREGORY FULK, Respondents. ________ On Petition For A Writ Of Certiorari to the United States Court of Appeals for the Seventh …
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