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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 …
Georgia Court Access Consent Decree Terminated
Article • October 15, 1999 • from PLN October, 1999
Filed under: Attorney Fee Awards, Consent Decrees (PLRA), Court Access, Law Library Access/Adequacy
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 …
Supreme Court Holds PLRA Attorney Fee Cap Inapplicable to Work Performed Before Enactment
Article • October 15, 1999 • from PLN October, 1999
Filed under: Attorney Fee Awards, PLRA, Attorney Fees (PLRA)
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
Article • October 15, 1999 • from PLN October, 1999
Filed under: Attorney Fee Awards, Attorney Fees (PLRA), Excessive Force, Guard Brutality/Beatings, Damages, Involuntary Treatment/Drugging
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 …
PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo
Article • September 15, 1999 • from PLN September, 1999
Filed under: Medical, HIV/AIDS, Medication, Eighth Amendment, Exercise, Clothing, Physical Injury Rule
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
Article • September 15, 1999 • from PLN September, 1999
Filed under: HIV/AIDS, Medical Records, Physical Injury Rule, Court Access, Damages, Injunctions, Disclosure of Records
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 …
No Written Screening or Administrative Exhaustion Required
Article • September 15, 1999 • from PLN September, 1999
Filed under: PLRA, Administrative Exhaustion (PLRA)
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 …
Physical Injury Requirement Doesn't Apply to Court Access Claims
Article • September 15, 1999 • from PLN September, 1999
Filed under: Physical Injury Rule, Court Access
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
Article • September 15, 1999 • from PLN September, 1999
Filed under: Physical Injury Rule, Excessive Force, Guard Brutality/Beatings, Summary Judgment
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
Article • September 15, 1999 • from PLN September, 1999
Filed under: Cornell Corrections, Administrative Exhaustion (PLRA), Standing, Telephones, Attorney Calls, Telephone Monitoring
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 …
Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively
Article • September 15, 1999 • from PLN September, 1999
Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA)
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 …
De Novo Review for § 1915A Dismissals
Article • September 15, 1999 • from PLN September, 1999
Filed under: PLRA, Filing Fees (PLRA)
De Novo Review for § 1915A Dismissals by The court of appeals for the Fifth circuit held that dismissals by district courts under 28 U.S.C. § 1915A should be reviewed de novo on appeal. Section 1915A requires district courts to screen prisoner lawsuits and dismiss those which are frivolous, malicious …
Three Strikes Upheld by Ninth Circuit
Article • September 15, 1999 • from PLN September, 1999
Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA)
Three Strikes Upheld by Ninth Circuit by The court of appeals for the Ninth circuit upheld the constitutionality of 28 U.S.C. § 1915(g). Section 1915(g) generally denies in forma pauperis status to prisoner litigants that have had more than three lawsuits dismissed as frivolous, malicious or for failing to state …
Administrative Exhaustion Required in all Cases
Article • September 15, 1999 • from PLN September, 1999
Filed under: Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings
Administrative Exhaustion Required in all Cases by A federal district court in New York held that a prisoner claiming guards beat him was required to exhaust his administrative remedies pursuant to 42 U.S.C. § 1997e. This case is especially useful because it summarizes all the conflicting rulings on this issue. …
State Court Dismissals Don't Count as Strikes
Article • September 15, 1999 • from PLN September, 1999
Filed under: PLRA, Frivolous Litigation (PLRA)
State Court Dismissals Don't Count as Strikes by A federal district court in the District of Columbia held that the dismissal of frivolous suits in state courts do not count as "strikes" under 28 U.S.C. § 1915(g). Section 1915(g) prohibits in forma pauperis status for prisoner litigants that have had …
Automatic Stay Provision Unconstitutional
Article • September 15, 1999 • from PLN September, 1999
Filed under: Overcrowding, PLRA, Consent Decrees (PLRA)
Automatic Stay Provision Unconstitutional by A federal district court in New Mexico held that 18 U.S.C. § 3626(e), a PLRA provision that automatically stays prospective relief 30 days after a party files a motion for immediate termination of such relief, violates the separation of powers doctrine. The case involves a …
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