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No Filing Fee Required if IFP Denied in DC Circuit
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA), Appeals
No Filing Fee Required if IFP Denied in DC Circuit by No Filing Fee Required if IFP Denied in DC Circuit: Reflecting a widening split between the circuits on this issue, the court of appeals for District of Columbia circuit held that when prisoner plaintiffs are denied In Forma Pauperis …
Tenth Circuit Clarifies Three Strikes
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA), Habeas Corpus
Tenth Circuit Clarifies Three Strikes by The court of appeals for the Tenth circuit held that under 28 U.S.C. 1915(g), which prohibits IFP status for prisoner litigants that have had three or more suits dismissed as frivolous, malicious or for failing to state a claim upon which relief can be …
Wisconsin Release Account Used to Pay Filing Fees
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA), Seizure of Prisoner Funds
Wisconsin Release Account Used to Pay Filing Fees by A federal district court in Wisconsin held that a prisoner's "release account" can be used to pay PLRA filing fees. The Wisconsin DOC takes a percentage of prisoners' money which it places in an account that can only be accessed when …
Warden Purged of Contempt
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA), Contempt (Civil Procedure)
Warden Purged of Contempt by In the August, 1999, issue of PLN we reported Hall v. Stone, 170 F.3d 706 (7th Cir. 1999) in which Bureau of Prisons (BOP) warden John Farello was held in contempt of court for failing to pay a prisoners' PLRA filing fee. In this ruling …
PLRA Doesn't Apply to Civil Commitments
Article • February 15, 2000 • from PLN February, 2000
Filed under: Conditions of Confinement, Totality of Conditions, Consent Decrees (PLRA), Civil Commitment
PLRA Doesn't Apply to Civil Commitments by A federal district court in Massachusetts held that the PLRA does not apply to sexually dangerous people who are civilly committed, even when the facility they are housed in is in fact a prison administered by the state prison system. In 1975 a …
28 U.S.C. § 1915A Applies to All Prisoner Suits
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA)
28 U.S.C. § 1915A Applies to All Prisoner Suits by 28 U.S.C. § 1915A Applies to All Prisoner Suits The court of appeals for the Second circuit held that 28 U.S.C. § 1915A applies to all suits filed by prisoners. Section 1915A requires district courts to screen civil suits filed …
PLRA Administrative Remedy Exhaustion Requirement Not Retroactive
Article • February 15, 2000 • from PLN February, 2000
Filed under: Administrative Exhaustion (PLRA), Religious Freedom, Clergy
PLRA Administrative Remedy Exhaustion Requirement Not Retroactive by The Second Circuit has held that the Exhaustion of Administrative Remedies requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a), does not apply to suits pending prior to the PLRA's enactment. Abdullah Y. Salahuddin, a New York state prisoner, …
Ninth Circuit Vacates Previous Opinion Ruling PLRA's Provision Unconstitutional
Article • December 15, 1999 • from PLN December, 1999
Filed under: Disciplinary Litigation, PLRA, Consent Decrees (PLRA)
Ninth Circuit Vacates Previous Opinion Ruling PLRA's Provision Unconstitutional by Rules Taylor Not a Consent Decree In 1972, Eddie W. Taylor and George Yanich, Jr., Arizona state prisoners, filed class action suits under 28 U.S.C. § 2254 and 42 U.S.C. § 1983 challenging Arizona's prisoner behavior and discipline rules and …
IFP Plaintiffs Must Have Opportunity to Challenge Reasons for "Bad Faith" Certifications
Article • December 15, 1999 • from PLN December, 1999
Filed under: PLRA, Filing Fees (PLRA), Appeals
IFP Plaintiffs Must Have Opportunity to Challenge Reasons for "Bad Faith" Certifications by The U.S. court of appeals for the Seventh Circuit held that prisoners, who proceed in forma pauperis (IFP) before a district court, are entitled to an opportunity to give reasons justifying an appeal, whenever a district court …
Eleventh Circuit Upholds Constitutionality of PLRA's Automatic Termination Provision
Article • December 15, 1999 • from PLN December, 1999
Filed under: PLRA, Consent Decrees (PLRA)
Eleventh Circuit Upholds Constitutionality of PLRA's Automatic Termination Provision by The Eleventh Circuit court of appeals has upheld the constitutionality of the immediate termination provisions of the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626(b)(2). Alabama women state prisoners filed a class-action civil rights suit under 42 U.S.C. § …
Administrative Remedies Exhausted When Response Time Elapses
Article • December 15, 1999 • from PLN December, 1999
Filed under: Disciplinary Hearings, False Charges (Disciplinary Hearings), Failure to Protect (General), Administrative Exhaustion (PLRA)
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 …
Sleep Deprivation Not Frivolous Claim
Article • December 15, 1999 • from PLN December, 1999
Filed under: Eighth Amendment, Physical Injury Rule, Mental Health
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
Article • December 15, 1999 • from PLN December, 1999
Filed under: Administrative Exhaustion (PLRA), Grooming Rules, Religious Freedom, Religious Grooming
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
Article • November 15, 1999 • from PLN November, 1999
Filed under: Attorney Fee Awards, Attorney Client, Attorney Fees (PLRA), Preliminary Injunctions/TRO's, Visiting, Attorney Visits
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 …
Evidentiary Hearing Allowed in PLRA Consent Decree Terminations
Article • November 15, 1999 • from PLN November, 1999
Filed under: Conditions of Confinement, Totality of Conditions, Consent Decrees (PLRA)
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 …
Race Discrimination Claim Not Barred by PLRA Physical Injury Rule
Article • November 15, 1999 • from PLN November, 1999
Filed under: Racial Discrimination, PLRA, Physical Injury Rule
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
Article • November 15, 1999 • from PLN November, 1999
Filed under: Conditions of Confinement, Totality of Conditions, Attorney Fee Awards, Attorney Client, Attorney Fees (PLRA), Preliminary Injunctions/TRO's, Attorney Visits
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)
Article • November 15, 1999 • from PLN November, 1999
Filed under: Reviews, PLRA, Attorney Fees (PLRA), Consent Decrees (PLRA), Administrative Exhaustion (PLRA), Filing Fees (PLRA), Frivolous Litigation (PLRA), Physical Injury Rule, Injunctions (PLRA)
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
Article • November 15, 1999 • from PLN November, 1999
Filed under: Disciplinary Hearings, Disciplinary Litigation, Administrative Exhaustion (PLRA)
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
Article • October 15, 1999 • from PLN October, 1999
Filed under: Conditions of Confinement, Totality of Conditions, Overcrowding, Attorney Fee Awards, Attorney Fees (PLRA), Consent Decrees (PLRA), Contempt (Civil Procedure)
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 …
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