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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 …
Exposure to Fumes Violates 8th Amendment by The court of appeals for the ninth circuit has held that it violates the eighth amendment to expose a prisoner to noxious fumes while he is locked in his cell. The court also discussed the application of qualified immunity in such cases. Steven …
Fear Constitutes Actual Injury by A district court in Illinois has held that the fear a prisoner experiences when attacked by another prisoner, in the absence of any physical injury, is sufficient injury to state a claim for compensatory damages under section 1983. Anthony Jones is an Illinois state prisoner …
AZ Passes Repressive Prison Laws by As part of the national trend towards bashing prisoners the 41st session of the Arizona legislature recently passed a number of repressive laws designed to make life harder for prisoners as well as restrict their access to the courts. The laws went into effect …
Publication
Filed under: PLRA
Pat Nolan Testimony Re Plra Reform Bill 2007 Testimony of: Pat Nolan, Vice President of Prison Fellowship The Subcommittee on Crime, Terrorism, and Homeland Security “Review of the Prison Litigation Reform Act: A Decade of Reform or and Increase in Prison Abuses?” November 8, 2007 Mr. Chairman and members, I …
Publication
Filed under: PLRA
Legal Aid Society Second Circuit Plra Exhaustion Crib Sheet 2008 The Second Circuit PLRA Exhaustion Crib Sheet John Boston The Legal Aid Society Prisoners’ Rights Project Updated September 2, 2008 for Second Circuit Staff Attorneys’ Training This outline sets out the Second Circuit’s rules, with some supplementation from lower courts, …
Publication
Filed under: PLRA
Plra Text 2004 file:///U|/new%20to%20post/PLRA%20text.txt 1 of 100 DOCUMENTS UNITED STATES CODE SERVICE Copyright © 2004 Matthew Bender & Company, Inc., one of the LEXIS Publishing (TM) companies All rights reserved *** CURRENT THROUGH P.L. 108-279, APPROVED 7/22/04 *** *** WITH GAPS OF P.L. 108-271 and 108-276 *** TITLE 42. THE …
Publication
Filed under: PLRA
Rep Tim Holden Testimony on Plra Reform Bill 2007 Honorable Tim Holden (PA-17) Testimony before the Subcommittee on Crime, Terrorism, and Homeland Security of the House Committee on the Judiciary November 8, 2007 Chairman Scott, Ranking Member Forbes and members of the Subcommittee, I want to thank you for the …
Publication
Filed under: PLRA
The Prison Journal Belbot Plra Report 2004 THE PRISON 10.1177/0032885504268177 Belbot / REPORT JOURNAL ON THE/ September PLRA 2004 REPORT ON THE PRISON LITIGATION REFORM ACT: WHAT HAVE THE COURTS DECIDED SO FAR? BARBARA BELBOT University of Houston–Downtown The Prison Litigation Reform Act was passed by Congress in 1996. It …
Publication
Filed under: PLRA
Plra Admin Exhaustion Requirements Closing the Money Damages Loophole Wash U Law 2000 THE PRISON LITIGATION REFORM ACT’S ADMINISTRATIVE EXHAUSTION REQUIREMENT: CLOSING THE MONEY DAMAGES LOOPHOLE A California prison inmate filed suit against prison officials claiming they had implanted electronic devices in his brain to control his thoughts and broadcast …
Publication
Filed under: PLRA
Mccomb Seventh Circuit Review Plra 2006 SEVENTH CIRCUIT REVIEW Volume 1, Issue 1 Spring 2006 CIVIL RIGHTS OF PRISONERS: THE SEVENTH CIRCUIT AND EXHAUSTION OF REMEDIES UNDER THE PRISON LITIGATION REFORM ACT DEVIN MCCOMB∗ CITE AS: DEVIN MCCOMB, Civil Rights of Prisoners: The Seventh Circuit and Exhaustion of Remedies Under …
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