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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. …
Article • June 15, 1998 • from PLN June, 1998
Eighth Circuit Issues PLRA IFP Procedures by The court of appeals for the eighth circuit has issued a ruling describing the procedures it and all district courts in that circuit will use to assess and collect filing fees from prisoners who file with In Forma Pauperis (IFP) status. The court …
Article • June 15, 1998 • from PLN June, 1998
Some PLRA Fee Questions Answered by the Seventh Circuit by The court of appeals for the seventh circuit held that once a trial court determines that an appeal is taken in bad faith, a prisoner is disqualified from proceeding in forma pauperis on appeal. Any subsequent appeal, if determined to …
Article • June 15, 1998 • from PLN June, 1998
PLRA Termination Provisions Unconstitutional by A federal district court in Arizona held that the Prison Litigation Reform Act (PLRA) section providing for termination of consent decrees entered into prior to the PLRA's enactment is unconstitutional, as being violative of the separation of powers doctrine. The court further ruled that the …
Physical Injury Limit Defined, Wrongly by A federal district court in Texas dismissed a lawsuit as being legally frivolous for not alleging sufficient physical injury under 42 U.S.C. § 1997e(e). Thinh Minh Luong is a Hawaii state prisoner transferred to the Dickens County Corrections Center, a private prison operated by …
Grievance Exhaustion Required by The court of appeals for the sixth circuit held that 42 U.S.C. § 1997e(a) requires administrative exhaustion of all claims filed after the April 26, 1996, enactment of the Prison Litigation Reform Act (PLRA). Section 1997e(a) states that "no action shall be brought with respect to …
Article • May 15, 1998 • from PLN May, 1998
Filed under: PLRA, Filing Fees (PLRA)
Fee Required in Voluntary Dismissal by A federal district court in Nebraska held that the IFP fee requirements of the PLRA, 28 U.S.C. § 1915(b)(2) require payment of the full filing fee even if the prisoner plaintiff later decides to voluntarily dismiss the action. See: Conley v. Henderson , 980 …
Article • May 15, 1998 • from PLN May, 1998
Prior Dismissals Count as Strikes by The court of appeals for the third and ninth circuits joined the fifth, seventh and tenth circuits in holding that 28 U.S.C. § 1915(g) applies to cases dismissed before the PLRA's April 26, 1996, enactment. Section 1915(g) prohibits prisoners from proceeding with in forma …
Article • May 15, 1998 • from PLN May, 1998
Tenth Cir. Upholds IFP Provisions by The court of appeals for the tenth circuit held that the PLRA's IFP provisions, requiring full payment of all filing fees, were constitutional. All circuit courts to consider the issue have held likewise. The court also upheld the censorship of the magazine Muhammad Speaks …
Article • May 15, 1998 • from PLN May, 1998
Bad Faith Appeals by The court of appeals for the District of Columbia circuit held that 28 U.S.C. § 1915(a)(3) precludes prisoners from appealing without full prepayment of the filing fees if the district court certifies that the appeal is not taken in good faith. The issue was one of …
Damage Award and Attorney Fees in Censorship Suit Affirmed by The court of appeals for the eighth circuit affirmed a district court ruling awarding a prisoner $1 in damages and $500 in punitive damages against prison officials who censored racist religious publications pursuant to a "blanket ban" on such materials. …
Article • April 15, 1998 • from PLN April, 1998
PLRA Termination Provisions Constitutional by The court of appeals for the eighth circuit held that the "immediate termination" provisions of the Prison Litigation Reform Act (PLRA) does not violate the separation of powers doctrine, the due process clause, or equal protection. A contrary finding by an Iowa district court was …
Article • April 15, 1998 • from PLN April, 1998
5th Cir. Holds IFP Dismissals Are With Prejudice by 5th Cir. Holds IFP Dismissals are With Prejudice The court of appeals for the fifth circuit, en banc, held that cases dismissed under 28 U.S.C. § 1915, the In Forma Pauperis (IFP) statute will now be considered to be with prejudice, …
Brief • April 2, 1998
Lucas v. White, CA, Plf Memo in Support of Mot for Atty Fees, BOP Sexual Assault, 1998 1 2 3 4 5 ROSEN, BIEN & ASARO, LLP MICHAEL W. BIEN - 096891 155 Montgomery Street, 8th Floor San Francisco, California 94104 Telephone (415) 433-6830 LAW OFFICES OF GERI L. GREEN …
Article • March 15, 1998 • from PLN March, 1998
Sixth Circuit Discusses Habeas IFP by The court of appeals for the sixth circuit has outlined the procedures habeas corpus petitioners seeking In Forma Pauperis (IFP) status must follow. Every circuit to consider this issue has held that the Prison Litigation Reform Act's (PLRA) filing fee provisions do not apply …
Article • March 15, 1998 • from PLN March, 1998
Filed under: PLRA, Filing Fees (PLRA)
Court Questions PLRA IFP Provisions by In a rare voice of dissent to the PLRA's filing fee provisions, Judge Reynolds of the U.S. district court in Wisconsin, described the filing fee requirements of the Prison Litigation Reform Act, then summed it up. "This provision is mean spirited and unnecessary. In …
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