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Article • October 15, 1997 • from PLN October, 1997
Filing Fee Assessed in Dismissed Appeal by The court of appeals for the fifth circuit held that under the PLRA prisoner litigants remain responsible for appellate filing fees in cases where the appeal is eventually dismissed for lack of jurisdiction. The court held that under 28 U.S.C. § 1915(b)(1) prisoners …
Article • October 15, 1997 • from PLN October, 1997
Filed under: PLRA, Filing Fees (PLRA)
Released Prisoner Must Pay Filing Fees by The court of appeals for the fifth circuit held that a person who files a notice of appeal while in prison is subject to the PLRA's filing fee requirements even if later released from prison. The court distinguished this case from Haynes v. …
Article • October 15, 1997 • from PLN October, 1997
Consent Decree Termination Provision Upheld by A federal district court in Indiana held that 18 U.S.C. § 3636(b)(2), which allows for the immediate termination of previously entered consent decrees, is constitutional. The court rejected arguments that § 3626(b)(2) violates prisoners' right to equal protection, impairs contracts and violates the separation …
PLRA Physical Harm Requirement Not Retroactive by A federal district court in Indiana held that 42 U.S.C. § 1997e(e), which precludes suits by prisoners seeking money damages in the absence of physical harm, does not apply retroactively to suits filed before the PLRA's enactment. The court also held a prisoner …
Article • October 15, 1997 • from PLN October, 1997
PLRA Fees Don't Apply to Habeas by The court of appeals for the tenth circuit joined every other circuit to consider the issue by holding that the PLRA's fee requirements do not apply to habeas corpus petitions. Thus, indigent prisoners can still seek a waiver of filing fees for habeas …
Article • September 15, 1997 • from PLN September, 1997
PLRA Applies to Juveniles, Retroactive on Attorney Fees by The court of appeals for the fourth circuit held that the Prison Litigation Reform Act (PLRA) applies to lawsuits brought by juvenile detainees and its cap on attorney fees ($112.50 an hour) applies to work performed before the PLRA's April 26, …
Article • September 15, 1997 • from PLN September, 1997
Sixth Circuit Explains PLRA Again by In the June, 1997, issue of PLN we reported In Re Prison Litigation Reform Act, 105 F.3d 1131 (6th Cir. 1997) where the chief judge of the sixth circuit issued an administrative order to guide judges in that circuit on how to implement the …
Article • September 15, 1997 • from PLN September, 1997
Filed under: PLRA, Filing Fees (PLRA)
Second Circuit Affirms IFP Provisions by The court of appeals for the second circuit held that the filing fee provisions of the PLRA, which require that prisoners ultimately pay all filing fees in civil litigation, are constitutional. The court agreed with the fourth, sixth and eleventh circuits, which have already …
Article • September 15, 1997 • from PLN September, 1997
Filed under: PLRA, Filing Fees (PLRA)
PLRA Forbids Dismissal of Suits Without Paid Fees by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act (PLRA) does not require dismissal of a prisoner's civil rights suit because he had not yet paid the fees arising from a prior lawsuit. Gary Walp, …
Article • September 15, 1997 • from PLN September, 1997
Pro Se Tips and Tactics (Consent Decrees) by John Midgley What A Consent Decree Is This column discusses so-called "consent decrees" in prison cases. I briefly address the advantages of trying to get a consent decree in certain cases, and current issues regarding consent decrees. This column assumes that either …
Article • August 15, 1997 • from PLN August, 1997
PLRA 'Physical Injury' Requirement Affirmed by In the first published case on this issue, a federal district court in Indiana held that a provision of the Prison Litigation Reform Act (PLRA), requiring "physical injury" before a prisoner's lawsuit can proceed, mandated dismissal of prisoners' claim that they were exposed to …
Article • August 15, 1997 • from PLN August, 1997
District Courts Responsible for PLRA Appeal Fees by The court of appeals for the fifth circuit held that a district court erred when it refused to rule on a prisoner's motion to proceed on appeal with In Forma Pauperis (IFP) status, i.e., without pre-paying the filing fees. Prisoners seeking "to …
PLRA Physical Injury Requirement Defined by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act's (PLRA) physical injury requirement for prisoners seeking money damages is the same as the standard used in determining eighth amendment claims. This ruling is significant because it is the …
Article • August 15, 1997 • from PLN August, 1997
PLRA Filing Fees Don't Apply to Habeas by The court of appeals for the Fourth and District of Columbia circuits held that the filing fee provisions of the PLRA do not apply to habeas corpus petitions filed by prisoners. These courts agreed with all other circuits, the second, third, fifth, …
Article • August 15, 1997 • from PLN August, 1997
Fifth Circuit Applies Three Strikes Provision by The court of appeals for the fifth circuit held that 28 U.S.C. § 1915(g), which does not allow IFP status to prisoners who have had three or more suits dismissed as frivolous or for failing to state a claim, is constitutional. The court …
Article • August 15, 1997 • from PLN August, 1997
Filed under: PLRA, Filing Fees (PLRA), Parole
Fourth Circuit Affirms PLRA IFP Provisions in Parole Suit by The court of appeals for the fourth circuit held that changes to 28 U.S.C. § 1915 by the Prison Litigation Reform Act (PLRA), which requires prisoners to pay full filing fees in all civil litigation, are constitutional. Gary Roller, a …
Physical Injury Requirement Not Retroactive by A federal district court in New York held that 42 U.S.C. § 1997e(e), a section of the PLRA which requires prisoners to sustain physical injury before they can seek money damages, is not retroactive to claims arising before the PLRA's April 26, 1996, enactment. …
Article • July 15, 1997 • from PLN July, 1997
Administrative Exhaustion Requirements Not Retroactive by The court of appeals for the sixth circuit held that 42 U.S.C. § 1997e(a), which requires prisoners to exhaust administrative remedies before filing suit in federal court do not apply to cases pending on April 24, 1996, when the PLRA was signed into law, …
Article • July 15, 1997 • from PLN July, 1997
Filed under: PLRA, Filing Fees (PLRA)
6th Circuit Upholds PLRA IFP Provisions by The court of appeals for the sixth circuit rejected the first extensive constitutional challenge made to the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA). The PLRA changes to 28 U.S.C. § 1915, the IFP statute, were detailed in …
Article • July 15, 1997 • from PLN July, 1997
Automatic Stay Provisions by After a federal district court in Michigan found the Michigan DOC guilty of contempt for not complying with prior judicial orders on the prisoners' court access and educational opportunities, see: Glover v. Johnson, 934 F. Supp. 1360 (ED MI 1996), the defendants moved to immediately terminate …
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