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Tennessee Sheriff’s Willful Denial of Public Records Merits PLN Attorney Fee Award by On June 24, 2015, a Tennessee appellate court found the sheriff of Marshall County had willfully denied access to public records requested by Prison Legal News, and held that PLN was entitled to attorney fees after filing …
Merits Ruling on Procedurally Flawed Grievance Satisfies PLRA by The Eleventh Circuit Court of Appeals has held that district courts may not enforce a prison’s procedural rule to find a failure to exhaust administrative remedies after prison officials declined to enforce the rule themselves. The Court also found the district …
Ninth Circuit Declines to Enforce Procedural Bar When Prison Officials Waive Rule by In a January 12, 2016 decision, the Ninth Circuit Court of Appeals held that a prisoner successfully exhausts “such administrative remedies as are available” under the Prison Litigation Reform Act (PLRA) “despite failing to comply with a …
Ninth Circuit Adopts Test to Excuse Exhaustion of Administration Remedies for Retaliatory Threats by The Ninth Circuit Court of Appeals joined other circuits in holding that a prisoner’s fear of retaliation may be sufficient to render the grievance procedure unavailable. The Court adopted a test that requires both a subjective …
A Primer on Prisoners’ Constitutional Rights by Alex Friedmann Prison Legal News (PLN) regularly reports on prison and jail-related court decisions involving violations of prisoners’ constitutional rights. Those who are new to the arena of civil rights litigation and unfamiliar with prisoners’ few remaining rights may need a basic introduction …
Brief • October 28, 2016
Pederson v. County of Plumas, CA, Mot to Enforce Consent Decree, Access to Dentures, 2017 Case 2:89-cv-01659-KJN Document 79 Filed 10/28/16 Page 1 of 29 1 2 3 4 5 6 7 8 9 10 Dan Stormer, Esq. [S.B. # 101967] Mohammad Tajsar, Esq. [S.B. #280152] HADSELL STORMER & RENICK …
Article • September 6, 2016
Filed under: PLRA
Supreme Court Ruling Addresses Three-judge Court in Non-prison Case by In a case involving the constitutionality of congressional apportionment, which requires a three-judge court, a district judge may not dismiss on the ground of failure to state a claim without convening a three-judge court. If the nature of the case …
Article • September 2, 2016 • from PLN September, 2016
Sixth Circuit Holds PLRA’s Physical Injury Rule Inapplicable to First Amendment Claims by On June 1, 2015, the Sixth Circuit Court of Appeals held “that deprivations of First Amendment rights are themselves injuries, apart from any mental, emotional, or physical injury that might also arise from the deprivation, and that …
Publication • September 1, 2016
Filed under: Statistics/Trends, PLRA
Screening Inmate Cases in Texas - A Brief Overview of Federal and State Inmate Litigation, Justice for Texans, undated T. Michael Kennedy, P.C. 1431 Greenway Drive Suite 800 Irving, TX 75038 972-281-5888 www.justicefortexans.com email: tmichael@justicefortexans.com Screening Inmate Cases in Texas: A Brief Overview of Federal and State Inmate Litigation in …
Publication • September 1, 2016
Civil Rights Plaintiffs Can Defeat Qualified Immunity Defenses and Get Frivolous Appeal Sanctions, Rosen, 1999.pdf CIVIL RIGHTS PLAINTIFFS CAN DEFEAT QUALIFIED IMMUNITY DEFENSES AND GET FRIVOLOUS APPEAL SANCTIONS: THEY SHOULD TRY MORE OFTEN!  Sanford Jay Rosen April 1999 INTRODUCTION This article is about recent United States Supreme Court and …
Publication • August 25, 2016
Filed under: PLRA
Margo Schlanger Testimony on PLRA Reform Bill, American Bar Assn Review, 2007 AMERICAN BAR ASSOCIATION GOVERNMENTAL AFFAIRS OFFICE 740 FlFTEENTH STREET,NW WASHINGTON. DC 20005-1022 (202) 662-1760 STATEMENT OF MARGO SCHLANGER PROFESSOR OF LAW, WASHINGTON UNIVERSITY IN ST. LOUIS ON BEHALF OF THE AMERICAN BAR ASSOCIATION PRESENTED TO THE SUBCOMMITTEE ON …
Article • August 5, 2016
PLRA Requires each Prisoner Plaintiff to Pay Full Filing Fee by The Seventh Circuit Court of Appeals affirmed a Wisconsin District Court’s order that held each prisoner proceeding in forma pauperis (IFP) must pay the full $150 filing fee. This action was filed by four prisoners at Wisconsin’s top-security prison, …
Michigan PLRA Requires Dismissal for Failure to Make Initial disclosure Statements; Prisons not a Public Service by A Michigan Court of Appeals held the state’s Prison Litigation Reform Act (PLRA) requires dismissal of a lawsuit when a prisoner-plaintiff fails to “disclose the number of civil actions and appeals that the …
Publication • August 3, 2016
Filed under: PLRA
Testimony of John Boston, Project Director, Prisoners’ Rights Project of the New York City Legal Aid Society before the Sub-Committees on Crime and on the Constitution and Civil Rights of the House Committee on the Judiciary (undated) Testimony of John Boston, Project Director, Prisoners’ Rights Project of the New York …
Article • August 1, 2016
Broward County Jail Conditions Subject to Consent Decree by The Broward County Sheriff entered into a consent Decree to settle a class action lawsuit challenging the conditions at the County’s jails. The suit, filed in 1976, resulted in the federal district court overseeing the litigation to determine the conditions of …
U.S. Supreme Court: Prisoners Must Exhaust “Available” Administrative Remedies by Derek Gilna Shaidon Blake, a Maryland prisoner, claimed that he was punched in the face and had his head slammed into a wall by guard James Madigan while handcuffed during a move to a segregation cell – an assault that …
Disputed PLRA Administrative Exhaustion Issues Properly Resolved in Bench Trial by The Sixth Circuit Court of Appeals held on June 18, 2015 that disputed issues of fact regarding exhaustion under the PLRA may be resolved in a bench trial. The appellate court also found the plaintiff had failed to exhaust …
Publication • May 26, 2016
Civil Rights Injunctions Over Time - Jail and Prison Court Orders, Schlanger, 2006 \\server05\productn\N\NYU\81-2\NYU202.txt unknown Seq: 1 25-APR-06 14:38 CIVIL RIGHTS INJUNCTIONS OVER TIME: A CASE STUDY OF JAIL AND PRISON COURT ORDERS MARGO SCHLANGER* Lawyers obtained the first federal court orders governing prison and jail conditions in the 1960s. …
Disputed PLRA Administrative Exhaustion Issues Properly Resolved in Bench Trial by The Sixth Circuit Court of Appeals held on June 18, 2015 that disputed issues of fact regarding exhaustion under the PLRA may be resolved in a bench trial. The appellate court also found the plaintiff had failed to exhaust …
From the Editor by Paul Wright Welcome to the 26th anniversary issue of Prison Legal News! I would like to thank all the people around the country who have helped PLN and the Human Rights Defense Center grow and prosper over the past 26 years. This includes all of our …
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