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Article • March 31, 2016 • from PLN April, 2016
U.S. Supreme Court Reverses Idaho Supreme Court, Asserts “Federal Supremacy” by Derek Gilna Melene James sued the City of Boise and other defendants in Idaho state court in a 42 U.S.C. § 1983 action, alleging assault, battery, false arrest, wrongful imprisonment and other claims against city police officers, but failed …
Publication • March 8, 2016
Second Circuit PLRA Exhaustion Crib Sheet, Legal Aid Society, 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, …
Article • March 1, 2016 • from PLN March, 2016
Eleventh Circuit: Expiration of Preliminary Injunction Moots Appeal by David Reutter The Eleventh Circuit Court of Appeals dismissed as moot an appeal by the Florida Department of Corrections (FDOC) that challenged a preliminary injunction regulating its provision of kosher meals to prisoners. The appellate court also vacated orders by the …
Article • February 18, 2016
Unauthorized, Unpreserved Oregon Court-Appointed Attorney Fees Reversed by Mark Wilson The Oregon Court of Appeals reversed lower court assessments of attorney fees against criminal defendants without finding that they are, or may be, able to pay. Clifford Graham was convicted of four sex crimes. Since he had previously been twice …
Publication • February 16, 2016
Special Review of the CDCR Release of Inmate Scott Thomas, Oct, CA OIG, 2007 OFFICE OF THE INSPECTOR GENERAL MATTHEW L. CATE, INSPECTOR GENERAL SPECIAL REVIEW INTO THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION’S RELEASE OF INMATE SCOTT THOMAS OCTOBER 2007 STATE OF CALIFORNIA CONTENTS EXECUTIVE SUMMARY -------------------------------------------------------------------------------------- 1 INTRODUCTION …
Publication • February 15, 2016
Filed under: PLRA
DOC Grievance Deadline Chart, Save Coalition, 2008 State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North …
Publication • February 12, 2016
Filed under: PLRA
Prison Litigation Reform Act, Legal Aid Society (Boston), 2014 The Prison Litigation Reform Act John Boston The Legal Aid Society Prisoners’ Rights Project 199 Water Street, 6th floor New York, N.Y. 10038 March 31 , 2014 Prepared for Legal Aid Society Pro Bono Training Copyright 2014 by John Boston. Corrections …
Publication • February 9, 2016
Filed under: PLRA
PLRA Legislation 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 PUBLIC HEALTH …
Publication • February 8, 2016
Guide to Grievance Procedure at Federal Prisons, Washington Lawyer's Committee, 2013 A PRISONER’S GUIDE TO ADMINISTRATIVE REMEDY REQUESTS AT FEDERAL PRISONS This Guide has been created by the D.C. Prisoners’ Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs. It was last updated in June 2013. It …
Grievance Guide for Disability Issues in Federal Prisons, Washington Lawyer's Committee, 2013 A PRISONER’S GUIDE TO THE EXHAUSTING THE ADMINISTRATIVE REMEDY PROCESS FOR DISABILITY ISSUES IN FEDERAL PRISONS This guide has been created by the D.C. Prisoners Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs. It …
Publication • December 1, 2015
Philadelphia Bar Assn Professional Guidance Committee Opinion, Philadelphia Bar Association, 2015 The Philadelphia Bar Association Professional Guidance Committee Opinion 2015-6 (December 2015) The inquirer states that he represents a client in a matter in which the inquirer expects to start litigation against a government entity in a Pennsylvania court. The …
Article • November 18, 2015
California Prisoner Barred From Proceeding in Forma Pauperis by California Prisoner Barred From Proceeding in Forma Pauperis The United States Court of Appeals for the Eastern District of California dismissed, on December 26, 2013, plaintiff Eric Charles Rodney Knapp’s appeal of the district court’s grant of summary judgment in favor …
Article • November 16, 2015
Ninth Circuit Affirms Attorney’s Fees for Denied Motion by Ninth Circuit Affirms Attorney’s Fees for Denied Motion In response to the state’s appeal of awarded attorney’s fees generated by monitoring compliance to an injunction compelling the defendant, Idaho State Board of Corrections (ISBC), to reach prescribed population levels, along with …
Damon v. Masters, Fourth Circuit, Amicus Brief, Religious Accommodations, 2015 No. 15-7619 IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT MARVIN X. DAMON Plaintiff-Appellant v. BART MASTERS, Warden; JOHN BOWLING, Food Service Administrator; J. TABOR, Assistant Food Service Administrator; JOHN BOYD, Food Service Employee Defendants-Appellees Appeal from …
Brief • November 10, 2015
Betances et al v. Fischer et al, 2nd Cir, Memo Support of Stay Motion, habeus appeal frivolousness, 2015 Case 15-2836, Document 26-2, 11/10/2015, 1639089, Page1 of 25 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT PAUL BETANCES, et al., Plaintiffs-Appellees, No. 15-2836 -againstBRIAN FISCHER, et al., Defendants-Appellants. MEMORANDUM OF …
Article • November 6, 2015
State's Motion to Dismiss Lawsuit for Failure to Exhaust Administrative Remedies Denied by State's Motion to Dismiss Lawsuit for Failure to Exhaust Administrative Remedies Denied The U.S. District Court for the Southern District of New York denied a motion by the state to dismiss a prisoner's lawsuit on the grounds …
Article • November 6, 2015
Prisoner's Suit Dismissed After Court Finds "Three Strikes" Litigant Not in Imminent Danger by Matthew Clarke Prisoner's Suit Dismissed After Court Finds "Three Strikes" Litigant Not in Imminent Danger by Matt Clarke In December 2009, Jeremy Pinson, a federal prisoner serving a 22-year sentence for threatening to kill the president, …
Brief • November 4, 2015
Filed under: Filing Fees (PLRA)
Bruce v, Samuels, DC, Supreme Court - SPLC, NACDL, HRDC Amici Curiae Brief, PLRA Filing Fees, 2015 No. 14-844 In The Supreme Court of the United States ____________________________ ANTOINE BRUCE, Petitioner, v. CHARLES E. SAMUELS, JR., ET AL., Respondents. _____________________________ On Writ of Certiorari to the United States Court of …
Article • October 12, 2015
Filed under: Attorney Fees (PLRA)
$48,000 in Attorney Fees Awarded in Prisoner-Injury Civil Action by David Reutter $48,000 in Attorney Fees Awarded in Prisoner-Injury Civil Action           by David Reutter On November 18, 2013, a Colorado federal district court awarded more than $48,000 in attorney fees in a civil rights action involving a prisoner being injured …
Article • September 28, 2015 • from PLN October, 2015
Filed under: Statistics/Trends, PLRA
Trends in Prisoner Litigation, as the PLRA Enters Adulthood by Margo Schlanger Trends in Prisoner Litigation, as the PLRA Enters Adulthood by Margo Schlanger* The Prison Litigation Reform Act (PLRA),1 enacted in 1996 as part of the Newt Gingrich “Contract with America,”2 is now as old as some prisoners. In …
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