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Article • June 15, 1997 • from PLN June, 1997
Relation Back Period Suspended during IFP Application by The court of appeals for the third circuit held that the 120 day period allowed for amending complaints under Fed.R.Civ.P. 15(c) is suspended while a district court makes an In Forma Pauperis (IFP) determination under 28 U.S.C. § 1915. Donald Urrutia, a …
Article • May 15, 1997 • from PLN May, 1997
PLRA Applied to Released Prisoners by The court of appeals for the seventh circuit held that appeals filed after the Prison Litigation Reform Act (PLRA) was enacted on April 26, 1996, were subject to dismissal unless a former prisoner paid the filing fees based on the funds he had in …
TRO Granted in DC Smoking Suit by A federal district court in the District of Columbia granted a Temporary Restraining Order (TRO) requiring non-smoking D.C. prisoners to be moved to non-smoking quarters and for D.C. DOC officials to enforce prison no smoking policies by disciplining guards and prisoners who violate …
Article • May 15, 1997 • from PLN May, 1997
Indiana Muslim Consent Decree Vacated under PLRA by A federal district court in Indiana applied the Prison Litigation Reform Act (PLRA) to immediately terminate a consent decree judgment governing prisoners' religious rights. In 1982 prisoners at the Indiana State Prison entered into a consent decree with prison officials to settle …
Article • May 15, 1997 • from PLN May, 1997
PLRA Confuses Courts; Applies Only to Prisoners by To illustrate how poorly written the PLRA is, the court of appeals for the sixth circuit held that 28 U.S.C. § 1915 still "allows individuals who are not prisoners to litigate a case without the prepayment of filing fees." In their haste …
PLRA Codifies Injunction Standards in Conditions Case by In the December, 1995, issue of PLN we reported Smith v. Arkansas DOC, 877 F. Supp. 1296 (ED AR 1995) in which the district court ordered increased staffing levels in open bay barracks prisons in Arkansas. The defendants appealed and the eighth …
Article • May 15, 1997 • from PLN May, 1997
Filed under: PLRA, Filing Fees (PLRA)
PLRA Fee Requirements Not Applicable to Pending Suits by PLRA Fee Requirements not Applicable To Pending Suits A federal district court in California held that the Prison Litigation Reform Act's (PLRA) In Forma Pauperis (IFP) filing fee provisions are not retroactive to suits filed before the law's April 26, 1996, …
Article • May 15, 1997 • from PLN May, 1997
PLRA Allows Sua Sponte Dismissal by A federal district court in Illinois held that the Prison Litigation Reform Act (PLRA) allows courts to assess filing fees and then dismiss prisoner petitions prior to service on the defendants if they fail to state a claim. Deangelo Jones is an Illinois state …
PLRA Consent Decree Termination Provision Unconstitutional by A federal district court in Michigan held that provisions of the Prison Litigation Reform Act (PLRA) calling for the immediate termination of consent decrees where no findings of constitutional violations were made by the court, was unconstitutional on several grounds. The PLRA created …
Reversal of Frivolous Dismissal Voids PLRA Strike by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act (PLRA) applies retroactively to appeals pending on its date of enactment as well as cases dismissed prior to its enactment. The court also held that dismissals based …
PLRA Applied to Attorney Fees by A federal district court in Michigan held that the Prison Litigation Reform Act (PLRA) required that attorneys representing prisoners be paid a maximum of $112.50 an hour. Hadix v. Johnson is the long running Michigan class action suit. After prevailing in the district court …
Article • March 15, 1997 • from PLN March, 1997
PLRA 'Strike' Removed by A federal district court in Maryland issued an order removing a PLRA "strike" against a prisoner litigant. The Prison Litigation Reform Act (PLRA) added section (g) to 28 U.S.C. § 1915. The new section states that whenever a prisoner has had three suits dismissed as frivolous …
Article • March 15, 1997 • from PLN March, 1997
PLRA Overrules FRAP 24(a) by The court of appeals for the fifth circuit held that the PLRA's filing fee provisions supersede Federal Rule of Appellate Procedure (FRAP) 24(a). Ira Jackson, a Texas state prisoner filed suit claiming prison officials were deliberately indifferent to his serious medical needs. The district court …
Article • March 15, 1997 • from PLN March, 1997
Third Circuit: PLRA Doesn't Apply to Mandamus by The court of appeals for the third circuit held that the filing fee provisions of the Prison Litigation Reform Act (PLRA) do not apply to writs of mandamus. Ronald Madden, a Tennessee state prisoner, filed a habeas corpus petition challenging his extradition …
Article • March 15, 1997 • from PLN March, 1997
5th Circuit: PLRA Doesn't Apply to Habeas by Joining the second, third and seventh circuits the court of appeals for the fifth circuit held that the filing fee provisions of the PLRA do not apply to habeas corpus actions. Ralph Cole, a federal prisoner, sought permission to appeal the denial …
Article • March 15, 1997 • from PLN March, 1997
Pro Se Tips and Tactics (Injunctive Relief) by John Midgley In many cases in which a prisoner or group of prisoners is suing over bad prison conditions or practices, the prisoners want an injunction, that is, an order to require state officials to stop violating constitutional rights. This column briefly …
Article • February 15, 1997 • from PLN January, 1997
NY Jail Consent Decrees Vacated under PLRA by A federal district court in New York upheld the constitutionality of the Prison Litigation Reform Act (PLRA) and terminated a series of consent decrees in seven cases that governed conditions at Rikers Island and several other New York City jails. Readers should …
Beating Damages Affirmed; PLRA Not Retroactive on Vacated Attorney Fees by The court of appeals for the seventh circuit affirmed a jury verdict awarding damages to two prisoners who were beaten by prison guards and then denied medical care for their injuries for nearly two days. The court held that …
South Carolina Consent Decree Terminated under PLRA by The court of appeals for the fourth circuit upheld the termination of a consent decree pursuant to the Prison Litigation Reform Act (PLRA) and rejected challenges to the constitutionality of the PLRA. In 1982 South Carolina prisoners filed suit challenging conditions of …
Article • February 15, 1997 • from PLN January, 1997
PLRA Fees Don't Apply to Released Prisoners by The court of appeals for the second circuit held that the provisions of the Prison Litigation Reform Act (PLRA) requiring payment of filing fees do not apply if the prisoner is released after filing suit. Clarence McGann, a New York state prisoner, …
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