Skip navigation

Search

1234 results
Page 55 of 62. « Previous | 1 2 3 4 ... 51 52 53 54 55 56 57 58 59 60 61 62 | Next »

Article • September 15, 1998 • from PLN September, 1998
CA Death Row Decree Ended by CA Death Row Decree Ended: A federal district court in California upheld the constitutionality of 18 U.S.C. § 3626 and terminated a consent decree that governed numerous conditions of confinement for death row prisoners at San Quentin. Shortly after the PLRA's enactment in 1996 …
Administrative Exhaustion by Administrative Exhaustion: A federal district court in California held that prisoners filing suit under 42 U.S.C. § 1983 must first exhaust administrative remedies under 42 U.S.C. § 1997e(a). A California prisoner sued for money damages and declaratory relief after he was removed from a prisoner advisory council. …
Administrative Exhaustion Still Required by Administrative Exhaustion Still Required: A federal district court in New York dismissed a prisoner's suit due to the plaintiff's failure to exhaust administrative remedies under § 1997e(a). Anthony Soto, a New York state prisoner, filed suit claiming prison officials failed to protect him from attack …
Two Year Limitations on Illinois § 1983 Suits by The court of appeals for the seventh circuit held that a district court erred in dismissing a prisoner's lawsuit because it had miscalculated the statute of limitations. The court also held that 28 U.S.C. § 1915(g), the "Three Strikes" provision of …
Article • September 15, 1998 • from PLN September, 1998
Three Strikes Doesn't Apply to Pending Cases by Three Strikes Doesn't Apply to Pending Cases: The court of appeals for the Tenth Circuit held that 28 U.S.C. § 1915(g), which prohibits In Forma Pauperis (IFP) status for prisoners that have had three prior suits dismissed as frivolous, does not apply …
Article • August 15, 1998 • from PLN August, 1998
Plaintiffs Must Be Allowed to Present Evidence in PLRA Motions to Terminate Prospective Relief by The court of appeals for the Eighth circuit held that court injunctions limiting jail or prison populations must be dissolved unless findings to justify such relief are entered by a three judge district court. Once …
Article • August 15, 1998 • from PLN August, 1998
PLRA Fees Don't Apply to Mandamus by The court of appeals for the tenth circuit held "that this circuit will no longer require mandatory fees under the PLRA for filing petitions for writs of mandamus seeking to compel district courts to hear and decide actions brought solely under 28 U.S.C. …
Article • August 15, 1998 • from PLN August, 1998
PLRA Filing fees Don't Apply to Civil Commitments by PLRA Filing Fees Don't Apply to Civil Commitments: A federal district court in Wisconsin held that the filing fee provisions of the PLRA do not apply to so called "sex predators" civilly committed in detention facilities for "treatment." 28 U.S.C. § …
Article • August 15, 1998 • from PLN August, 1998
PLRA Finding Required for Injunctive Relief by The court of appeals for the Ninth circuit held that district courts must make specific findings under the Prison Litigation Reform Act (PLRA) before granting prospective relief regarding prison conditions and this requirement applied retroactively to cases pending at the time of the …
Article • August 15, 1998 • from PLN August, 1998
Filed under: PLRA, Filing Fees (PLRA)
Dismissal for Lying About Poverty Affirmed by Dismissal for Lying About Poverty Affirmed: The court of appeals for the seventh circuit held that 28 U.S.C. § 1915(c) requires courts to dismiss cases if applicants for In Forma Pauperis (IFP) status lie about their poverty. Courts have the discretion to make …
Article • August 15, 1998 • from PLN August, 1998
Proof of Administrative Exhaustion Required by Proof of Administrative Exhaustion Required: A federal district court in California held that prisoners filing suit have to provide proof, at the time of filing, that they have exhausted their administrative remedies pursuant to 42 U.S.C. § 1997e(a). "Before he may properly file an …
Risk of Serious Harm States Claim by A federal district court in New York held that jail officials can be held liable for exposing jail detainees to a significant risk of serious harm, whether or not any injury actually occurs. The court also held that jail conditions intended to be …
Article • August 15, 1998 • from PLN August, 1998
TDCJ PLRA Forms Okay by TDCJ PLRA Forms Okay: The court of appeals for the fifth circuit denied a prisoner's motion to proceed on appeal with IFP status because he refused to fill out a Texas Dept. of Criminal Justice (TDCJ) form authorizing withdrawals from his prison trust account to …
Article • August 15, 1998 • from PLN August, 1998
Consent Decree Termination Upheld by Consent Decree Termination Upheld: In the April, 1997, issue of PLN we reported Hadix v. Johnson , 947 F. Supp. 1100 (ED MI 1997) where a district court struck down 18 U.S.C. § 3626 as unconstitutional. Section 3626 allows for the immediate termination of consent …
Article • August 15, 1998 • from PLN August, 1998
CA Tort Claim Not Required for Administrative Exhaustion by CA Tort Claim Not Required for Administrative Exhaustion: A federal district court in California held that it is not necessary for CDC prisoners to submit a California Tort Claims Act (CTCA) complaint to the state Board of Control before filing suit …
No Interlocutory Appeals in Decree Terminations by The court of appeals for the Sixth circuit held that it lacks jurisdiction to hear interlocutory appeals in motions to terminate consent decrees. In 1984 the United States sued the state of Michigan over unconstitutional prison conditions. The lawsuit was settled with a …
Article • July 15, 1998 • from PLN July, 1998
PLRA Three Strikes Ruling Vacated by In the February, 1997, issue of PLN we reported Lyon v. Vandekrol , 940 F. Supp. 1433 (SD IA 1996) where a federal district court held that 28 U.S.C. § 1915(g), section 804 of the PLRA, violates the equal protection clause of the U.S. …
Article • July 15, 1998 • from PLN July, 1998
Seventh Circuit Upholds Constitutionality of Physical Injury Requirement by The court of appeals for the seventh circuit upheld the constitutionality of section 803(d) of the Prison Litigation Reform Act (PLRA) which limits money damages to only those cases involving physical injury. Several Indiana state prisoners filed suit under the Eighth …
Article • July 15, 1998 • from PLN July, 1998
Consent Decree Termination Upheld by In the June, 1997, issue of PLN we reported Inmates of Suffolk County Jail v. Sheriff of Suffolk County , 952 F. Supp. 869 (D MA 1997) in which a federal district court in Massachusetts upheld 18 U.S.C. § 3626, the PLRA provision which allows …
Article • June 15, 1998 • from PLN June, 1998
Filed under: PLRA, Filing Fees (PLRA)
PLRA Filing Fee Provisions Not Retroactive by The court of appeals for the fourth circuit held that the provisions of the Prison Litigation Reform Act (PLRA) that require prisoners filing civil actions or appeals in forma pauperis (IFP) to ultimately pay the filing fees in full, do not apply retroactively. …
Page 55 of 62. « Previous | 1 2 3 4 ... 51 52 53 54 55 56 57 58 59 60 61 62 | Next »