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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. …
Administrative Exhaustion Doesn't Include Judicial Remedies by The court of appeals for the Third circuit held that the Prison Litigation Reform Act's (PLRA) administrative exhaustion requirement does not include judicial exhaustion as well. Hassan Jenkins, a New Jersey state prisoner, filed suit in federal court claiming his due process rights …
Article • March 15, 1999 • from PLN March, 1999
PLRA "Three Strikes" Provision Upheld and Discussed by PLRA "Three Strikes" Provision Upheld and Discussed The ostensible purpose of the Prison Litigation Reform Act (PLRA) was to curtail frivolous litigation by prisoners. 28 U.S.C. § 1915(g) was enacted which does not allow In Forma Pauperis (IFP) status for prisoners that …
Article • March 15, 1999 • from PLN March, 1999
Pennsylvania Consent Decrees Terminated Under PLRA by In two separate rulings, different federal district courts in Pennsylvania held the consent decree termination provisions of the PLRA to be constitutional and dissolved the decrees at issue. In the July, 1998, issue of PLN we reported Imprisoned Citizens Union v. Shapp, 977 …
Attorney Fee Cap Inapplicable to Pre-PLRA Suits; PLRA Automatic Stay Provisions Constitutional by S.Ct. Grants Review of Fee Issue by Matthew T. Clarke The Court of Appeals for the Sixth Circuit has held that the attorney fee cap contained within the Prison Litigation Reform Act, 42 U.S.C. §1997e(d), (PLRA) does …
Article • February 15, 1999 • from PLN February, 1999
Dismissal with Prejudice for Failure to Exhaust; Prison Must Process Grievance within Time Limits by In an opinion of great importance to prisoners filing civil rights suits, the Fifth Circuit court of appeals has upheld a district court's dismissal with prejudice toward future in forma pauperis (IFP) filing of a …
Settlement in Washington State Deaf Prisoners' Lawsuit by Jeff Crollard Aclass action lawsuit was settled on behalf of deaf and hearing-impaired prisoners in Washington State on September 3, 1998. The settlement agreement obligates the Washington State Department of Corrections to provide qualified sign language interpreters and assistive devices, such as …
Article • January 15, 1999 • from PLN January, 1999
Guard's Death Threats May Violate Eighth Amendment by The court of appeals for the District of Columbia (DC) Circuit held that a guard's death threats to a prisoner stated a claim under the Eighth amendment. The court also held that the In Forma Pauperis (IFP) provisions of the Prison Litigation …
Article • January 15, 1999 • from PLN January, 1999
PLRA Immediate Termination Provisions Unconstitutional by Afederal district court in. New Jersey has declared unconstitutional the provisions of the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626(b)(2)(3), permitting the immediate termination of consent decrees. In 1983, Robert Lee Denike and Kenneth Vespa, New Jersey state prisoners, sued prison officials …
PLRA Allows Fees on Fees in Failure to Protect Suit by The court of appeals for the Third circuit held that the Prison Litigation Reform Act (PLRA) allows lawyers to collect attorney fees in litigating attorney fee awards. The practice is sometimes referred to as "fees on fees." The court …
Article • January 15, 1999 • from PLN January, 1999
En Banc Review Granted in Taylor by In the December, 1998, issue of PLN we reported Taylor v. United States , 143 F.3d 1178 (9th Cir. 1998). In that case, a panel of the Ninth circuit court of appeals unanimously held that 18 U.S.C. § 3626(b)(2) is unconstitutional. This provision …
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