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Article • May 15, 2007
Court Not Obligated to Pay Indigent Prisoner's Witness Fees by The U.S. Court of Appeals for the Sixth Circuit held that an indigent prisoner pursuing a civil rights action was responsible for his own witness fees. Willard Johnson brought an in forma pauperis (IFP) civil rights action against two psychiatrists …
Article • May 15, 2007
Illinois Prisoner Entitled to $5 Per Diem Against Fine; Court Has No Authority to Withhold Corrections Wages by The Illinois Fourth District Court of Appeals held a trial court does not have authority to withhold a prisoner's monthly corrections income, and a prisoner is entitled to a $5 per diem …
$29,000 Attorney Fees and Costs Award in Procedural Due Process Suit and Failure to Provide Kosher Meals by $29,000 Attorney Fees and Costs Award in Procedural Due Process Suit and Failure to Provide Kosher Meals A New York Federal District Court granted the plaintiff's motion for the award of attorney …
Article • May 15, 2007
Filed under: Civil Procedure, Costs
Cost of Prosecuting Prisoner Crimes In Pennsylvania Prisons Must Be Paid By State by Cost of Prosecuting Prisoner Crimes In Pennsylvania Prisons Must Be Paid By State The Pennsylvania Supreme Court has affirmed an appellate court ruling that the State must reimburse counties for prosecution costs related to crimes committed …
Article • May 15, 2007
Filed under: Civil Procedure, Costs
Dead GA Prisoner's Family Dismissed in Federal Court, Allowed to Refile in State Court Without Paying Costs by Dead GA Prisoner's Family Dismissed in Federal Court, Allowed to Refile in State Court Without Paying Costs In October of 1997, Alfonso Roberson died of unreported causes in the county jail for …
TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records by TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records Act Cases The Pollow family settled a civil rights action against police in Memphis, Tennessee …
Article • February 15, 2007 • from PLN February, 2007
Garnishment of Ohio Prisoner’s Account Permitted to Pay Court Costs by Garnishment of Ohio Prisoner's Account Permitted to Pay Court Costs The Ohio Supreme Court has held that the state may collect court costs from an indigent criminal defendant, including collection from a prisoner's account. Before the Court was the …
Survivors of Texas Jail Suicidee Win $516,000 Against Phone Provider by Matthew T. Clarke The mother and son of a prisoner who committed suicide by hanging himself from a telephone in his jail cell won a lawsuit against the phone provider. On appeal, the award was upheld, but some of …
Article • March 15, 2006 • from PLN March, 2006
Florida DOC's Copy Cost Assessment Rule Declared Invalid by David Reutter by David M. Reutter Florida's First District Court of Appeal has held the Florida Department of Corrections (FDOC) does not have legislative authority to support its rule regarding the amount prisoners are charged for photographic copying services, authorizing deductions …
Article • December 15, 2005 • from PLN December, 2005
Excessive Force Claim Nets $3,200 in Attorney's Fees; $1,000 in Damages by An Illinois Federal District Court has awarded $3,200 in attorney's fees in a prisoner's claim that his Eighth Amendment rights were violated. The civil rights action was brought by Illinois prisoner Frank Farella against Logan Correctional Center guards …
Article • December 15, 2005 • from PLN December, 2005
$820,000 Damages Upheld Against NY Jailer Who by $820,000 Damages Upheld Against NY Jailer Who Housed Informant with Defendant by John E. Dannenberg The Second Circuit U.S. Court of Appeals upheld $820,000 in damages for injuries suffered by an informant who was severely beaten by the defendant he had testified …
PLN Loses Florida Writer Pay Ban/Censorship by David Reutter Lawsuit: Appeal Pending by David M. Reutter A Florida federal district court has held that PLN has not suffered, and is not currently suffering, a significant First Amendment injury from Florida Department of Corrections (FDOC) rule, policies, or procedures that ban …
Washington DOC Settles Contempt Action For $500,000; Money To Fund Patient Advocate by Michael Rigby The Washington Department of Corrections has agreed to pay $500,000 to settle a contempt action stemming from alleged violations of a consent decree governing medical care at the Washington Corrections Center for Women (WCCW). Pending …
Brief • June 23, 2005
Filed under: Costs
Castellini v. Lappin, MA, Stipulation of Dismissal without Costs, 2005 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS RICHARD CASTELLINI, Plaintiff, v. Civil Action No. 05-10220-PBS HARLEY G. LAPPIN (in his official capacity as Director of the Bureau of Prisons), Defendant. STIPULATION OF DISMISSAL WITH PREJUDICE AND WITHOUT COSTS AND INTEREST …
$12,003.74 in Fees/Costs Awarded in Excessive Force Use; PLRA Fee Cap Inapplicable to Stipulated Set by $12,003.74 in Fees/Costs Awarded in Excessive Force Use; PLRA Fee Cap Inapplicable to Stipulated Settlements A federal court in New York awarded attorneys' fees of $10,858 and costs of $1,144.95 for a total of …
Article • March 15, 2005 • from PLN March, 2005
Filed under: Civil Procedure, Costs
Missouri Post-Conviction Proceedings Not Encompassed By PLRA Payment Scheme by Missouri Post-Conviction Proceedings Not Encompassed By PLRA Payment Scheme The Missouri court of appeals has held that because a Missouri Supreme Court Rule 29.15 motion is not a civil action encompassed by the state's Prison Litigation Reform Act (PLRA), Mo. …
Wisconsin PLRA Fee-Limit Does Not Violate Equal Protection by The Wisconsin Court of Appeals held that the Wisconsin Prison Litigation Reform Act's (WPLRA) prohibition against the recovery of costs and fees by prevailing prisoners does not violate equal protection. Daniel Harr, a prisoner of Wisconsin's "Supermax prison successfully pursued a …
New York Prisoners Win Injury Awards, Lack of Expert Testimony Detrimental by Michael Rigby New York Prisoners Win Injury Awards, Lack Of Expert Testimony Detrimental by Michael Rigby In two separate cases, New York courts of claims awarded $3,500 to prisoners pursuing pro se personal injury claims against the state. …
$76,000 in Fees and Damages Awarded in Kansas Excessive Force Claim by Bob Williams The federal district court in Kansas has awarded a state prisoner $45,000 plus $30,913.90 for attorney fees and expenses in an excessive force claim brought against three prison guards. The court also denied qualified immunity, found …
Article • July 15, 2004 • from PLN July, 2004
Florida Prisoner Awarded Costs in Successful Records Request Litigation by David Reutter Florida Prisoner Awarded Costs in Successful Records Request Litigation by David M. Reutter Florida's First District Court of Appeals has held that a prisoner who successfully challenges a public agency's failure to produce public records is entitled to …
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