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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 …
Total Administrative Exhaustion Not Required
Article • September 15, 1999 • from PLN September, 1999
Filed under: PLRA, Administrative Exhaustion (PLRA)
Total Administrative Exhaustion Not Required by A federal district court in Michigan held that 42 U.S.C. § 1997e(a) does not require administrative exhaustion of all claims raised in a complaint. Instead, a court can dismiss the unexhausted claims without prejudice rather than dismiss the entire complaint. The court held that …
No Exhaustion Required in Wisconsin When Only Money Damages Are Sought
Article • September 15, 1999 • from PLN September, 1999
Filed under: PLRA, Administrative Exhaustion (PLRA)
No Exhaustion Required in Wisconsin When Only Money Damages Are Sought by A federal district court in Wisconsin held that Wisconsin prisoners filing suit and seeking only money damages, are not required to exhaust their administrative remedies under 42 U.S.C. § 1997e(a) because the Wisconsin prison grievance system does not …
No Administrative Exhaustion Requirement for Ex-Prisoners
Article • August 15, 1999 • from PLN August, 1999
Filed under: PLRA, Administrative Exhaustion (PLRA)
No Administrative Exhaustion Requirement for Ex-Prisoners by The court of appeals for the Second circuit held that former prisoners who sue over prison or jail conditions of confinement are not required to exhaust their administrative remedies before filing suit in federal court. James Greig, a New York state parolee, filed …
PLRA Doesn't Require Notice of Claim for Exhaustion
Article • August 15, 1999 • from PLN August, 1999
Filed under: PLRA, Administrative Exhaustion (PLRA)
PLRA Doesn't Require Notice of Claim for Exhaustion by Afederal district court in Wisconsin held that 42 U. S.C. 1997e(a) of the Prison Litigation Reform Act (PLRA) does not require prisoners to file a notice of claim with the state attorney general's office in order to exhaust their administrative remedies. …
BOP Warden Held in Contempt for Failure to Forward PLRA Filing Fee
Article • August 15, 1999 • from PLN August, 1999
Filed under: PLRA, Filing Fees (PLRA), Contempt (Civil Procedure), Seizure of Prisoner Funds
BOP Warden Held in Contempt for Failure to Forward PLRA Filing Fee by The court of appeals for the Seventh circuit held that prison wardens are responsible for ensuring Prison Litigation Reform Act (PLRA) filing fees are transmitted from the trust accounts of prisoners to the courts. Wardens who fail …
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