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Article • March 15, 1998 • from PLN March, 1998
Attorney Fee Award in Smoking Suit Affirmed by The court of appeals for the eighth circuit affirmed an award of $11,299.17 in attorney fees to a prisoner who sued over being exposed to Environmental Tobacco Smoke (ETS, AKA second hand smoke). In the December, 1996, issue of PLN we reported …
PLRA Attorney Fee Restrictions Not Retroactive by A federal district court in New York held that the restrictions imposed on recoverable attorney fees by the Prison Litigation Reform Act of 1996 (PLRA) do not apply retroactively and are not applicable to claims by attorneys retained prior to the PLRA's enactment …
Article • February 15, 1998 • from PLN February, 1998
Exposure to Cold States Claim Exhaustion Requirement of PLRA Not Retroactive by A federal district court in Illinois held that a prisoner's allegations of exposure to extreme cold while confined to a cell states an eighth amendment claim. The court also declined to apply the exhaustion of administrative remedies requirement …
Article • February 15, 1998 • from PLN February, 1998
PLRA Requires Winning Prisoner to Pay 25% of Defendants' Atty Fees by In the first published ruling on this issue, a federal district court in New York required a winning prisoner to pay 25% of the reduced attorney fees assessed against the losing prison official defendants. Kevin Clark is a …
Article • January 15, 1998 • from PLN January, 1998
Motion for Seized Property Subject to PLRA Fee by The court of appeals for the fifth circuit held that a federal prisoner's motion for the return of seized property period had run. The district court did not reconsider its ruling. The court of appeals vacated and remanded. The appeals court …
Article • January 15, 1998 • from PLN January, 1998
Filed under: PLRA, Filing Fees (PLRA)
Mailbox Rule Applies to Trust Fund Statement by The court of appeals for the ninth circuit held that Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379 (1988) applies to the filing of trust fund account statements as required by 28 U.S.C. § 1915(a)(2) of the PLRA's filing fee requirements. …
Article • January 15, 1998 • from PLN January, 1998
Mandamus Appeal Denied as Third Strike by The court of appeals for the tenth circuit held that 28 U.S.C. § 1915(g), which bans in forma pauperis civil actions for prisoners that have had three or more actions dismissed as frivolous, malicious or for failing to state a claim, prevents the …
Article • January 15, 1998 • from PLN January, 1998
PLRA Doesn't Apply to Habeas by The court of appeals for the first circuit held that the filing fee provisions of the PLRA do not apply to habeas corpus petitions. In doing so, the first circuit joined the other eleven circuits that have held likewise. At this point all circuit …
Article • January 15, 1998 • from PLN January, 1998
Dismissal of Paid Suit Counts as a "Strike" by The court of appeals for the seventh circuit held that the dismissal of a lawsuit in which the filing fee had been paid counts as a "strike" under 28 U.S.C. § 1915(g). Section (g) of the In Forma Pauperis statute requires …
Article • January 15, 1998 • from PLN January, 1998
Filed under: PLRA, Filing Fees (PLRA)
Fifth Circuit Upholds PLRA IFP Provisions by The court of appeals for the fifth circuit held that the PLRA's filing fee provisions, 28 U.S.C. § 1915, which require that prisoners pay the filing fees of any civil suits or appeals they file in federal court, are constitutional. The court held …
Article • January 15, 1998 • from PLN January, 1998
Writs of Mandamus Not Subject to PLRA Fees by Writs of Mandamus Not Subject to PLRA Fees: The court of appeals for the fifth circuit joined the second and seventh circuit in holding that petitions seeking writs of mandamus in the court of appeals are not subject to the PLRA's …
Fifth Circuit Rules on Appeals to Denials of IFP Status by The court of appeals for the fifth circuit held that prisoners denied In Forma Pauperis (IFP) status in the district courts and whose lawsuit is dismissed as frivolous under 28 U.S.C. § 1915 can appeal that ruling. The court …
Eleventh Circuit Approves and Applies the PLRA by James Quigley By James Quigley The court of appeals for the eleventh circuit held that the provisions of the Prison Litigation Reform Act (PLRA) apply to cases pending prior to its enactment; that the filing fee requirements of the Act do not …
Article • December 15, 1997 • from PLN December, 1997
Alabama AG Moves to Dissolve 17 Consent Decrees by Alabama Attorney General Bill Pryor and state Prison Commissioner Joe Hopper went into federal courts across the state July 2, 1997, moving (under provisions of the PLRA) to dissolve consent decrees governing conditions at three state prisons and 14 county jails. …
VI Decree Modification Denied Under PLRA, DOC Held in Contempt by A federal district court in the Virgin Islands made specific factual findings under the terms of the Prison Litigation Reform Act (PLRA) holding that prison and jail conditions on the island were unconstitutional and required federal court intervention to …
Brief • November 17, 1997
Moya v. City of Albuquerque, NM, Order, PLRA Physical Injury Rule, 1997
PLRA Exhaustion Requirement Jurisdictional by A federal district court in Arizona held that the PLRA's administrative exhaustion requirement, codified at 42 U.S.C. § 1997e(a), requires prisoners to exhaust administrative remedies and the failure to do so deprives the court of subject matter jurisdiction. Dallas Morgan, an Arizona state prisoner, filed …
3rd Cir. Applies 'Imminent Danger' Exception to PLRA 3 Strikes by The court of appeals for the third circuit held that a district court erred when it dismissed a prisoner's In Forma Pauperis (IFP) suit because three prior suits had been dismissed, when the instant suit claimed the plaintiff was …
Article • October 15, 1997 • from PLN October, 1997
Filed under: PLRA, Attorney Fees (PLRA)
PLRA Attorney Fee Cap Not Applicable to Pending Cases by A federal district court in Michigan, in two consolidated long running class action suits, held that 42 U.S.C. § 1997e(d)(3) which limits attorney fees in civil rights cases to 150% of the amount allowed court appointed counsel under 18 U.S.C. …
ADA Suits Not Affected by PLRA Attorney Fee Caps by John Emry There is a great deal of talk and litigation about the Prison Litigation Reform Act which was part of the Omnibus Consolidated Rescissions and Appopriations Act of 1996 (PL 104-134, 110 Stat 1321 (1996)). One aspect of the …
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