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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 …
Article • April 3, 2017 • from PLN April, 2017
Federal Dismissals Not In Forma Pauperis Strikes in Arkansas by On May 5, 2016, the Arkansas Supreme Court reversed the revocation of a prisoner’s in forma pauperis status, finding that dismissed federal court actions could not be counted as strikes under state law. Arkansas Code Annotated (ACA) § 16-68-607 prohibits …
Female Inmates and Sexual Assault by Christina Piecora by Christina Piecora, Jurist edited by Josh Guckert JURIST Guest Columnist Christina Piecora, St. John's University School of Law, Class of 2015, is the author of the first article in a twelve-part series from the staffers of the Journal of Civil Rights and Economic …
Corrections Corporation of America Held in Contempt of Court for Falsifying Records at Idaho Prison by Lonnie Burton On May 23, 2016, the United States Court of Appeals for the Ninth Circuit affirmed an Idaho federal district court ruling that found Corrections Corporation of America (CCA) -- a private prison …
Fifth Circuit: Staff Misleading Prisoner about Grievance Process Excuses Failure to Exhaust by Matthew Clarke On August 17, 2015, the Fifth Circuit Court of Appeals held that a Texas prisoner’s failure to fully exhaust administrative remedies was excused because jail staff had misled him about grievance procedures. Grady Allen Davis …
Article • March 10, 2017 • from PLN March, 2017
Federal Strikes Do Not Count as Strikes for Georgia PLRA by A Georgia Court of Appeals held in March 2016 that strikes for dismissed frivolous federal lawsuits do not count as strikes under Georgia’s Prison Litigation Reform Act (PLRA). Since his imprisonment in 2010, Georgia state prisoner Willie Wright, Jr. …
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