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Article • February 15, 1997 • from PLN February, 1997
Third Circuit Rules that PLRA Doesn't Apply to Habeas by The court of appeals for the third circuit held that the Prison Litigation Reform Act's (PLRA) provision that prisoner litigants pay the filing fee for civil actions does not apply to habeas corpus petitions. The court gave an extensive discussion …
Article • February 15, 1997 • from PLN February, 1997
PLRA's IFP Provisions Violate Equal Protection by A federal district court in Iowa held that the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA) are retroactive and violate the equal protection clause of the fifth amendment. Section 804(d) of the PLRA created a new subsection to …
Article • February 15, 1997 • from PLN February, 1997
PLRA IFP Provision Applied Retroactively by The court of appeals for the ninth circuit held that 28 U.S.C. § 1915(e)(2), which allows courts to dismiss prisoner suits that have been filed In Forma Pauperis (IFP) at any time if determined to be frivolous, can be applied retroactively to appeals pending …
Article • February 15, 1997 • from PLN January, 1997
Seventh Circuit Applies PLRA to Federal Prisoners by In five consolidated appeals the court of appeals for the seventh circuit applied the Prison Litigation Reform Act (PLRA) to actions brought by federal prisoners. The court held that this ruling, together with Martin v. United States, 96 F.3d 853 (7th Cir. …
Article • February 15, 1997 • from PLN January, 1997
Seventh Circuit Defines and Applies PLRA and AEDPA by In five consolidated appeals the seventh circuit held that for purposes of the Prison Litigation Reform Act (PLRA) neither habeas corpus petitions nor petitions for mandamus in criminal proceedings constitute "prisoner litigation" and thus do not require payment of filing fees …
PLRA Not Retroactive on Attorney Fees by The court of appeals for the eighth circuit held that the Prison Litigation Reform Act (PLRA) provisions limiting attorney fees in prison cases is not to be retroactively applied. The court also affirmed the district court ruling that the practice of randomly double …
Article • December 15, 1996 • from PLN December, 1996
PLRA Not Applicable to Appeals Filed before Passage by The court of appeals for the second circuit held that the Prison Litigation Reform Act's (PLRA) fee provisions did not apply to appeals submitted prior to its passage. The court also held that summary judgment rulings must be properly supported by …
Article • December 15, 1996 • from PLN December, 1996
PLRA Stay Provision Held Unconstitutional by In two separate rulings different judges in Michigan held that the stay provisions of the Prison Litigation Reform Act (PLRA), codified at 18 U.S.C. § 3626(e) are unconstitutional. Among the PLRA's provisions to section 3626(e) which provides that "Prospective relief subject to a pending …
Article • December 15, 1996 • from PLN December, 1996
Attorney Fees Awarded in Smoking Suit by A federal district court in Nebraska awarded a prisoner plaintiff $8,346 in attorney fees and $2,952 in expenses in a suit challenging Nebraska state prisoners' exposure to Environmental Tobacco Smoke (ETS, also known an second hand smoke). This to the first published case …
Article • November 15, 1996 • from PLN November, 1996
Filing Fee Requirement Not Retroactive by The court of appeals for the tenth circuit held that the Prison Litigation Reform Act (PLRA) did not have retroactive effect as applied to filing fees for indigent litigants. David White, a Colorado state prisoner, filed suit after he was denied access to a …
Article • November 15, 1996 • from PLN November, 1996
Louisiana Prison System Back Under Court Supervision by The court of appeals for the fifth circuit affirmed a district court order which vacated a prior order terminating the court's jurisdiction over a consent decree governing the Louisiana prison system. In doing so the appeals court held that the Prison Litigation …
Article • November 15, 1996 • from PLN November, 1996
Three Strikes Applied by The court of appeals for the seventh circuit discussed the application of the Prison Litigation Reform Act's (PLRA) provision requiring full payment of filing fees after three suits have been dismissed as frivolous, malicious or failing to state a claim upon which relief can be granted. …
Article • November 15, 1996 • from PLN November, 1996
PLRA Filing Fees Don't Apply to Habeas Petitions by The court of appeals for the second circuit has held that the Prison Litigation Reform Act's (PLRA) imposition of filing fee payment obligations on civil actions filed by prisoners do not apply to habeas corpus petitions. While federal habeas corpus petitions …
Article • November 15, 1996 • from PLN November, 1996
PLRA Applied Retroactively to Filing Fees by The court of appeals for the second circuit held that the Prison Litigation Reform Act's (PLRA) provisions requiring payment of filing fees applies retroactively to civil appeals filed by indigent pro se prisoners before the PLRA's enactment. The case involves four unrelated prison …
Article • November 15, 1996 • from PLN November, 1996
Prior Frivolous Suits Count for PLRA by The court of appeals for the tenth circuit held that writs of mandamus fall within the scope of filing fee requirements imposed by the Prison Litigation Reform Act (PLRA), Public Law 104-134, 110 Stat. 1321 (April 26, 1996). The court also held that …
Article • November 15, 1996 • from PLN November, 1996
PLRA Application to Mandamus Discussed by The court of appeals for the second circuit held that the filing fee requirements of the Prison Litigation Reform Act (PLRA) apply to writs of mandamus filed in civil cases but not in criminal proceedings. Paul Nagy is a detainee undergoing criminal trial in …
Overview by National Prison Project by the National Prison Project [Editor's Note: In the July, 1996, issue of PLN we reported enactment of the Prison Litigation Reform Act (PLRA) into law. The PLRA was aimed at substantially reducing prisoners' ability to petition the courts as well as eliminating the courts' …
Article • November 15, 1996 • from PLN November, 1996
2nd Circuit Applies PLRA to IFP Litigants by In the July, 1996, issue of PLN we reported the passage of the Prison Litigation Reform Act (PLRA) which significantly changed the manner in which indigent prisoner litigants filed civil suits and appeals. In the first circuit court ruling to extensively discuss …
Article • October 15, 1996 • from PLN October, 1996
Filed under: PLRA, Attorney Fees (PLRA)
Correction by In the July, 1996, issue of PLN we reported Prison Litigation Reform Act Passed. On page three we incorrectly stated that the PLRA limits attorney fees to $40 an hour for out of court work. The PLRA limits attorney fee recovery to 150% of the amount set in …
Prison Litigation Reform Act Passed by Paul Wright On April 27, 1996, president Clinton signed the Prison Litigation Reform Act (PLRA) into law attached as a rider to the budget for the Justice Department. The PLRA is the culmination of a lengthy campaign waged by prisoncrats and the National Association …
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