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Illinois Exhaustion Described by A federal district court in Illinois held that a prisoner had fully exhausted all available administrative remedies under 42 U.S.C. § 1997e when he submitted a grievance through all levels of the Illinois Department of Corrections. Brian Jones filed suit claiming a prison guard beat him …
PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive by A federal district court in Illinois held that 42 U.S.C. § 1997e(a), which requires administrative exhaustion before prisoners file suit, and 42 U.S.C. § 1997e(e), which requires physical injury, before prisoners can file suit, do not apply retroactively to suits …
Article • July 15, 1999 • from PLN July, 1999
PLRA Physical Injury Requirement Not Retroactive by The Tenth circuit court of appeals held that the Prison Litigation Reform Act's physical injury requirement, codified at 42 U.S.C. § 1997e(e), does not apply retroactively to lawsuits filed before the PLRA's enactment on April 26, 1996. Bobby Craig, a pretrial detainee at …
Court Screening Applies to Paid Suits Too by The court of appeals for the Fifth circuit held that 28 U.S.C. § 1915A allows district courts to dismiss as frivolous even lawsuits where the filing fee has been prepaid in full. The court also held that challenges to conditions of confinement …
Parole Officials Liable for False Information in Parole Violation Arrest Warrant by A federal district court in New Jersey has held that parole officials are liable for causing the arrest of a parolee based upon false information. Robert Friedland, a New Jersey state prisoner, was paroled in August, 1995. Subsequently …
Fifth Circuit Upholds PLRA Exhaustion Requirement by Ronald Young The court of appeals for the Fifth circuit affirmed a lower court's dismissal of a prisoner's 42 U.S.C.A. § 1983 claims for failure to exhaust administrative remedies prior to filing suit as required by 42 U.S.C. § 1997e. However, the claims …
Article • June 15, 1999 • from PLN June, 1999
Federal Prisoners Must Exhaust Administrative Remedies Before Suing by The court of appeals for the Eleventh Circuit has held that federal prisoners must exhaust administrative remedies before filing a Bivens suit against prison officials. Michael Alexander, a federal prisoner, filed a Bivens suit challenging the constitutionality of prison regulations prohibiting …
Article • June 15, 1999 • from PLN June, 1999
Imminent Danger Overrides Three Strikes by The court of appeals for the Third Circuit held that conditions allegedly resulting from a vent emitting particles of dust and lint into a cell constitute a serious physical injury for purposes of circumventing the "three strikes" provision of the Prison Litigation Reform Act …
Exhaustion Not Required for Bivens Claim by Exhaustion Not Required for Bivens Claims The court of appeals for the Fifth Circuit held that federal prisoners pressing Bivens claims against federal officials for only monetary relief need not exhaust meaningless administrative remedies. The court further held that a party is entitled …
Article • May 15, 1999 • from PLN May, 1999
Individual Legislators May Intervene to Terminate Prison Suits by Individual Legislators May Intervene To Terminate Prison Suits by Matthew Clarke The court of appeals for the Fifth Circuit held that, under the Prison Litigation Reform Act (PLRA), individual state legislators could intervene in prison release litigation. In 1972, David Ruiz, …
Prisoner Must Show Imminent Danger at Time of IFP Request to Avoid PLRA Three-Strikes Dismissal by The court of appeals for the Fifth Circuit has held that a prisoner who is subject to the three-strikes provision in the Prison Litigation Reform Act (PLRA) must show that he is under imminent …
Article • May 15, 1999 • from PLN May, 1999
District Court Can't Dismiss Appeal for Failure to Pay Filing Fee by The court of appeals for the Seventh circuit held that district courts lack the statutory authority to dismiss appeals due to a party's failure to pay the filing fee. Earl Sperow, an Illinois state prisoner, filed a lawsuit …
Article • April 15, 1999 • from PLN April, 1999
PLRA Exhaustion Requirement Not Retroactive by The court of appeals for the Ninth circuit held that the administrative remedies exhaustion provision of 42 U.S.C. § 1997e(a), as amended by the PLRA, does not apply retroactively to prisoner actions filed prior to its enactment date of April 26, 1996. The court …
Eighth Circuit Upholds, Defines IFP Provisions by The court of appeals for the Eighth circuit, in two separate rulings, has upheld and defined the In Forma Pauperis (IFP) provisions of the PLRA. Kenneth Murray filed a petition under the All Writs Act, 28 U.S.C. § 1651, claiming a court clerk …
Article • April 15, 1999 • from PLN April, 1999
Filed under: PLRA, Filing Fees (PLRA)
IFP Application Not Required When Suit Filed by The court of appeals for the Eighth Circuit held that the PLRA does not require the filing of a trust fund account statement and an In Forma Pauperis (IFP) application at the same time the complaint is filed. Walter Garret, a Missouri …
Article • April 15, 1999 • from PLN April, 1999
Physical Injury Requirement Not Retroactive by The court of appeals for the Ninth circuit held that 42 U.S.C. § 1997e(e) does not apply retroactively to suits filed before the Prison Litigation Reform Act's April 26, 1996, enactment. Byron Swan, a California state prisoner, filed suit in 1994 claiming a guard …
Article • April 15, 1999 • from PLN April, 1999
No Leave to Amend Complaint for IFP Litigants by In an important procedural ruling, the court of appeals for the Ninth circuit held that the Prison Litigation Reform Act (PLRA) had overruled prior circuit rulings requiring that In Forma Pauperis (IFP) litigants be given an opportunity to amend their complaints …
Article • April 15, 1999 • from PLN April, 1999
PLRA Fee Provisions Apply to All Pending Cases in the Fifth Circuit by The court of appeals for the Fifth circuit held that 28 U.S.C. § 1915(a), which requires that prisoners ultimately pay all filing fee costs, applies retroactively to cases filed before the PLRA's enactment, if they are still …
Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles by The court of appeals for the Eighth Circuit held that there was sufficient evidence that the county's policies regarding the housing of juvenile detainees, resulted in overcrowding, which led to a juvenile being beaten, raped …
No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force by Two federal district courts in Illinois held that a state prisoner was not required to exhaust his administrative remedies when filing suit seeking damages if the administrative remedies did not provide for damages. …
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