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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 …
Seventh Circuit Clarifies Good Faith Appeal Standard, Again
Article • August 15, 1999 • from PLN August, 1999
Filed under: PLRA, Filing Fees (PLRA), Appeals
Seventh Circuit Clarifies Good Faith Appeal Standard, Again by In its third ruling on the topic in recent months, the court of appeals for the Seventh circuit attempted to delineate what constitutes a "good faith" appeal under the Prison Litigation Reform Act (PLRA). Aaron Hyche, an Illinois state prisoner, filed …
Alabama Jail Injuction Dissolved
Article • August 15, 1999 • from PLN August, 1999
Filed under: Overcrowding, PLRA, Injunctions (PLRA)
Alabama Jail Injuction Dissolved by The court of appeals for the Eleventh circuit held that a district court had erred in refusing to dissolve an injunction designed to relieve jail overcrowding. In 1982 an injunction was entered by a federal district court which prohibited the state of Alabama and Lauderdale …
First Amendment Guarantees Kosher Meals
Article • August 15, 1999 • from PLN August, 1999
Filed under: Food, Injunctions (PLRA), Civil Procedure, State Law Claims, Preliminary Injunctions/TRO's, Religious Diet
First Amendment Guarantees Kosher Meals by The court of appeals for the Third 1 Circuit held that under the First Amendment, prison officials must provide Jewish prisoners with a diet sufficient to sustain them in good health without violating kosher laws. However, the food need not be hot, nor even …
Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure
Article • August 15, 1999 • from PLN August, 1999
Filed under: Eighth Amendment, Asbestos, PLRA, Physical Injury Rule, Damages
Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure by The court of appeals for the Third Circuit held that a prisoner does not have a cause of action, under 42 U. S. C. section 1983, for damages for emotional distress caused by exposure to asbestos, without proof of physical injury. …
Pro Se IFP Litigant Entitled to Amend Suit in Second Circuit
Article • August 15, 1999 • from PLN August, 1999
Filed under: PLRA, Filing Fees (PLRA), Complaints
Pro Se IFP Litigant Entitled to Amend Suit in Second Circuit by The court of appeals for the Second circuit held that district courts must grant leave to indigent pro se litigants to amend their complaints before the suit is dismissed. The suit in this case was filed by a …
PLRA Consent Decree Termination Provision Upheld by 2nd and 3rd Circuits
Article • August 15, 1999 • from PLN August, 1999
Filed under: Conditions of Confinement, Totality of Conditions, Consent Decrees (PLRA)
PLRA Consent Decree Termination Provision Upheld by 2nd and 3rd Circuits by The courts of appeal for the Second and Third circuits have upheld the consent decree termination provisions of the Prison Litigation Reform Act (PLRA) against a wide array of constitutional challenges. In the July, 1998, issue of PLN …
PLRA Attorney Fee Cap Applies in $65,000 Beating Case
Article • August 15, 1999 • from PLN August, 1999
Filed under: HIV/AIDS, Attorney Fees (PLRA), Excessive Force, Guard Brutality/Beatings, Damages, Costs, Discrimination (Transgender)
PLRA Attorney Fee Cap Applies in $65,000 Beating Case by Afederal district court in Texas has ruled that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, applies to work performed by attorneys appointed after the enactment of the PLRA to represent pro se …
Federal Habeas Not Subject to PLRA
Article • July 15, 1999 • from PLN July, 1999
Filed under: PLRA, Filing Fees (PLRA), Mandamus, Parole, Habeas Corpus
Federal Habeas Not Subject to PLRA by The court of appeals for the Fifth circuit held that 28 U.S.C. § 2241 habeas petitions are not subject to the filing fee provisions of the Prison Litigation Reform Act (PLRA). Samuel Davis, a federal prisoner, filed a writ of mandamus to compel …
Exhaustion Required
Article • July 15, 1999 • from PLN July, 1999
Filed under: Drug Testing, PLRA, Administrative Exhaustion (PLRA)
Exhaustion Required by A federal district court in New York held that a New York state prisoner was required to exhaust the prison grievance system before filing suit. The court held that exhaustion under 42 U.S.C. § 1997e(a) is required even if the grievance process is futile. The case involved …
PLRA Doesn't Affect Court Contempt Powers
Article • July 15, 1999 • from PLN July, 1999
Filed under: Conditions of Confinement, Totality of Conditions, Consent Decrees (PLRA), Contempt (Civil Procedure)
PLRA Doesn't Affect Court Contempt Powers by A federal district court in New Jersey held that 18 U.S.C. § 3626, which allows for the immediate termination of prison and jail consent decrees, does not affect the contempt powers of courts. The underlying case involves a motion by jail detainee plaintiffs …
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