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Settlement in Washington State Deaf Prisoners' Lawsuit
Article • February 15, 1999 • from PLN February, 1999
Filed under: Deaf Prisoners, Disabled Prisoners, Attorney Fee Awards, Attorney Fees (PLRA), Damages, Settlements, Americans with Disabilities Act, Rehabilitation Act, Interpreters, Telephones, Telephone Access
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 …
Guard's Death Threats May Violate Eighth Amendment
Article • January 15, 1999 • from PLN January, 1999
Filed under: Threats by Staff, PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA)
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 …
PLRA Immediate Termination Provisions Unconstitutional
Article • January 15, 1999 • from PLN January, 1999
Filed under: Drug Testing, PLRA, Consent Decrees (PLRA)
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
Article • January 15, 1999 • from PLN January, 1999
Filed under: Conditions of Confinement, Failure to Protect (General), Attorney Fees (PLRA), Damages
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 …
En Banc Review Granted in Taylor
Article • January 15, 1999 • from PLN January, 1999
Filed under: PLRA, Consent Decrees (PLRA)
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 …
Physical Injury Requirement Inapplicable to First Amendment Claims
Article • December 15, 1998 • from PLN December, 1998
Filed under: Frivolous Litigation (PLRA), Physical Injury Rule, Municipal Liability, Religious Freedom, Proselytizing
Physical Injury Requirement Inapplicable to First Amendment Claims by The court of appeals for the Ninth circuit held that the "three strikes" provision of the Prison Litigation Reform Act (PLRA) does not apply to cases pending at the time of the law's enactment and that the PLRA's physical injury requirement …
PLRA Attorney Fee Provision Not Retroactive to Pre-PLRA Services
Article • December 15, 1998 • from PLN December, 1998
Filed under: Attorney Fee Awards, PLRA, Attorney Fees (PLRA)
PLRA Attorney Fee Provision Not Retroactive to Pre-PLRA Services by The Court of Appeals for the Sixth Circuit ruled in favor of attorneys for Michigan women prisoners, holding; (1) that attorney fee provision of the Prison Litigation Reform Act (PLRA) does not apply retroactively, (2) that prisoners were prevailing party …
PLRA Termination Provision Unconstitutional in Ninth Circuit
Article • December 15, 1998 • from PLN December, 1998
Filed under: PLRA, Consent Decrees (PLRA)
PLRA Termination Provision Unconstitutional in Ninth Circuit by The court of appeals for the Ninth circuit held that the section of the Prison Litigation Reform Act (PLRA), which requires immediate termination of previously granted prospective relief in litigation challenging prison conditions, violates separation of powers principles. This decision is unique …
Consent Decree Termination Requires Fact Finding
Article • December 15, 1998 • from PLN December, 1998
Filed under: Conditions of Confinement, Totality of Conditions, Consent Decrees (PLRA)
Consent Decree Termination Requires Fact Finding by Consent Decree Termination Requires Fact Finding The court of appeals for the Eighth circuit held that a district court failed to articulate its reasons for terminating its jurisdiction over a consent decree and remanded the case for an evidentiary hearing and an articulation …
No Refund of PLRA Fees
Article • November 15, 1998 • from PLN November, 1998
Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA)
No Refund of PLRA Fees by The court of appeals for the Seventh circuit held that the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA) are constitutional and prisoners do not get a refund of the partial filing fees they pay if they later refuse to …
No Exhaustion Required in Guard Attack
Article • November 15, 1998 • from PLN November, 1998
Filed under: Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings
No Exhaustion Required in Guard Attack by A federal district court in New York held that 42 U.S.C. § 1997e of the PLRA did not require a prisoner to exhaust administrative remedies before filing suit over being beaten by prison guards. Candido Rodriguez is a New York state prisoner who …
Failure to Exhaust Administrative Remedies Not Jurisdictional
Article • November 15, 1998 • from PLN November, 1998
Filed under: Medical, Injury -- Misc., Administrative Exhaustion (PLRA)
Failure to Exhaust Administrative Remedies Not Jurisdictional by A federal district court in California held that 42 U.S.C. § 1997e(a) is not a jurisdictional prerequisite for federal courts to hear prisoner lawsuits; administrative exhaustion under that statute is not required when a prisoner seeks money damages as relief and the …
PLRA Termination Provision Constitutional in Eleventh Circuit
Article • November 15, 1998 • from PLN November, 1998
Filed under: Exercise, Consent Decrees (PLRA), Death Penalty/Death Row, Death Row
PLRA Termination Provision Constitutional in Eleventh Circuit by The court of appeals for the Eleventh circuit held that the termination provision of the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626(b)(2), does not violate the separation-of-powers doctrine, the due process clause, nor the equal protection clause of the fifth …
No Administrative Exhaustion for Bivens Suit
Article • October 15, 1998 • from PLN October, 1998
Filed under: Eighth Amendment, Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings, Damages
No Administrative Exhaustion for Bivens Suit by No Administrative Exhaustion for Bivens Suits The court of appeals for the Ninth and Tenth circuits held that federal prisoners filing Bivens suits for money damages against Bureau of Prisons (BOP) officials need not exhaust administrative remedies where congress has made no provision …
No Exhaustion Required for Money Damage Claims
Article • October 15, 1998 • from PLN October, 1998
Filed under: Injury -- Misc., Conditions of Confinement, Failure to Protect (General), Administrative Exhaustion (PLRA), Damages
No Exhaustion Required for Money Damage Claims by A federal district court in Illinois held that where prison administrative remedies do not provide for money damages there is no administrative remedy available for prisoner plaintiffs to exhaust within the meaning of 42 U.S.C. § 1997e(a) of the PLRA. Section 1997e(a) …
PLRA Physical Injury Requirement Does Not Apply to Ex-Cons
Article • October 15, 1998 • from PLN October, 1998
Filed under: Eighth Amendment, PLRA, Physical Injury Rule, Qualified Immunity, Drug Treatment/Rehab, Required Religious Programming
PLRA Physical Injury Requirement Does Not Apply to Ex-Cons by The court of appeals for the Seventh circuit held that the PLRA's physical injury requirement does not apply to suits filed after a prisoner is released from prison. The court also held that secular substance abuse programs do not violate …
FRCP 12(b)(6) Standard Applied to PLRA Dismissals
Article • October 15, 1998 • from PLN October, 1998
Filed under: PLRA, Filing Fees (PLRA), Complaints
FRCP 12(b)(6) Standard Applied to PLRA Dismissals by The court of appeals for the Fifth circuit held that district court dismissals of prisoner lawsuits for failure to state a claim under 42 U.S.C. § 1997e(c) are subject to de novo review on appeal under the Federal Rules of Civil Procedure …
Fee Payment Orders Not Immediately Appealable
Article • September 15, 1998 • from PLN September, 1998
Filed under: PLRA, Filing Fees (PLRA), Appeals
Fee Payment Orders Not Immediately Appealable by Fee Payment Orders Not Immediately Appealable: The court of appeals for the Fifth Circuit held that district court orders requiring partial payment of filing fees under the PLRA cannot be appealed prior to the entry of final judgment. Kirk Thompson, a Texas state …
Sixth Circuit Requires Administrative Exhaustion
Article • September 15, 1998 • from PLN September, 1998
Filed under: PLRA, Administrative Exhaustion (PLRA)
Sixth Circuit Requires Administrative Exhaustion by The court of appeals for the sixth circuit ruled that all prisoners filing § 1983 actions involving prison or jail conditions must allege, and prove, they have exhausted administrative remedies and a failure to do so will result in the dismissal, without prejudice, of …
Court Refunds PLRA Deferred Fee Overpayment
Article • September 15, 1998 • from PLN September, 1998
Filed under: PLRA, Filing Fees (PLRA), Contempt (Civil Procedure), Seizure of Prisoner Funds
Court Refunds PLRA Deferred Fee Overpayment by A federal court in Illinois has held that neither prison officials nor the courts have the statutory authority to take more than 20% of a prisoner's monthly income to satisfy deferred filing fees under the PLRA. James Higgason, an Illinois prisoner, filed suit …
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