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Administrative Remedies Exhausted When Response Time Elapses by The court of appeals for the Fifth circuit held that prison administrative remedies are deemed exhausted when the time period for the prison's response elapses, regardless of whether or not the prison has responded. 42 U.S.C. § 1997e requires that prisoners exhaust …
Article • December 15, 1999 • from PLN December, 1999
Sleep Deprivation Not Frivolous Claim by Ronald Young by Ronald Young The court of appeals for the Fifth circuit held that a prisoner's claim based on custodial classification was frivolous, and the prisoner's Eighth Amendment claim was frivolous insofar as it sought damages for emotional suffering. The court also held …
Dismissal of Haircut Suits Reversed by In two brief, separate rulings, the court of appeals for the Eighth circuit reversed and remanded the dismissal of lawsuits challenging prison haircut rules by Rastafarian prisoners. In one case, the court held the district court had improperly concluded the plaintiff had not exhausted …
PLRA Attorney Fee Cap Not Retroactive in Attorney Client Case by A federal district court in Colorado has held that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d) does not apply to attorney fees accrued prior to the enactment of the PLRA, but …
Article • November 15, 1999 • from PLN November, 1999
Evidentiary Hearing Allowed in PLRA Consent Decree Terminations by The court of appeals for the Fourth circuit reaffirmed that the Prison Litigation Reform Act's (PLRA) consent decree termination provisions are constitutional and also held that the PLRA provides no avenue for district courts to make after the fact findings to …
Article • November 15, 1999 • from PLN November, 1999
Race Discrimination Claim Not Barred by PLRA Physical Injury Rule by A federal district court in Missouri held that the physical injury rule of the Prison Litigation Reform Act (PLRA) applied only to Eighth amendment claims and did not apply to a prisoner's equal protection claim of racial discrimination. The …
PLRA Attorney Fee Provision Not Retroactive in Jail Conditions Suit by The court of appeals for the DC Circuit held that the Prison Litigation Reform Act (PRLA) provision, which caps attorney fee awards, applies to work performed after the act's effective date (April 26, 1996), even when the suit was …
A Guide to the Prison Litigation Reform Act, by John Boston (Review) by Paul Wright Review by Paul Wright The passage of the Prison Litigation Reform Act (PLRA) in 1996 has significantly changed many aspects of prison and jail litigation. The PLRA makes it increasingly difficult for prisoner plaintiffs to …
Heck Not Applicable to Ad Seg; Only "Available" Exhaustion Required by Heck Not Applicable to Ad Seg; Only "Available" Exhaustion Required A federal district court in California held that the principles of Heck v. Humphrey, 512 U.S. 477 (1994), do not apply to claims that do not involve deprivation of …
Alabama Prison Officials Held in Contempt Again by A federal district court held Alabama prison officials in contempt for violating a 12-year-old Consent Decree. The court also awarded attorney's fees against the state and dissolved the decree pursuant to the Prison Litigation Reform Act, (PLRA). In 1983, prisoners in an …
Georgia Court Access Consent Decree Terminated by After being in effect less than a decade, a consent decree stemming from a class action lawsuit and providing for a mixed system of court access for Georgia state prisoners was dissolved on November 11, 1998, as U.S. District judge Anthony Alaimo vacated …
Article • October 15, 1999 • from PLN October, 1999
Supreme Court Holds PLRA Attorney Fee Cap Inapplicable to Work Performed Before Enactment by by Matthew T. Clarke The Supreme Court has held that the attorney fee cap contained within the Prison Litigation Reform Act, 42 U.S.C. §1997e(d), (PLRA) does not apply to attorney fees for work performed prior to …
PLRA Attorney Fee Limits Not Retroactive in Second Circuit by The court of appeals for the Second Circuit held that the Prison Litigation Reform Act's (PLRA) attorney fee provisions do not apply to fee awards made after the law's enactment when representation began before the PLRA's enactment. Donovan Blissett, a …
Article • September 15, 1999 • from PLN September, 1999
PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo by The Tenth Circuit court of appeals has held that prisoner suits dismissed for failure to plead a physical injury, as required by the Prison Litigation Reform Act (PLRA), must be reviewed de novo. Darren Eugene Perkins, an HIV-positive …
PLRA Physical Injury Requirement Constitutional by James Quigley The U.S. Court of Appeals for the D.C. Circuit held that the "Limitation on Recovery" provision (physical injury rule) of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e), does not violate a prisoner's rights to equal protection or access to …
Article • September 15, 1999 • from PLN September, 1999
No Written Screening or Administrative Exhaustion Required by A federal district court in Alaska chided the Alaska attorney general's office when the latter complained the court was not providing a written summary of its screening of prisoner lawsuits under 28 U.S.C. § 1915A. The court held it was under no …
Article • September 15, 1999 • from PLN September, 1999
Physical Injury Requirement Doesn't Apply to Court Access Claims by A federal district court in Illinois held that 42 U.S.C. § 1997e(e), which conditions prisoners' right to file suit in federal court on the suffering of physical injury, does not apply to court access claims. The court held that it …
Fact Issue of Physical Injury Precludes Summary Judgment by Ronald Young The court of appeals for the Fifth circuit held that the material fact issue as to whether prisoner suffered more than de minimis physical injury from alleged excessive force precluded summary judgement in favor of prison officials. Juan Gomez, …
Private Prison Denied Wiretap Exception by A federal district court in Rhode Island held that a private jail is neither a "law enforcement" agency, nor a federal Bureau of Prisons (BOP) facility, that would shield it from liability under federal wiretapping statutes, 18 U.S.C. §§ 2510-2520 (the Act). The court …
Article • September 15, 1999 • from PLN September, 1999
Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively by Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively The court of appeals for the Third circuit held that 28 U.S.C. § 1915(g) does not allow courts to revoke the In Forma Pauperis status of litigants …
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