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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 …
Article • September 24, 2015 • from PLN October, 2015
Filed under: Editorials, PLRA
From the Editor by Paul Wright From the Editor by Paul Wright Next April will mark the 20th anniversary of the Prison Litigation Reform Act (PLRA) – the continuing legacy of President Clinton and Congress which has done more to undermine the rule of law and constitutional rights since the …
Article • September 24, 2015 • from PLN October, 2015
Filed under: Attorney Fees (PLRA)
PLRA Attorney Fee Limits Inapplicable to Discovery Violation Awards by PLRA Attorney Fee Limits Inapplicable to Discovery Violation Awards In April 2014, a Virginia federal district court awarded $15,980 in attorney fees for a discovery violation in a class-action prisoner civil rights suit. The court’s award came after it found …
Article • September 21, 2015
$800,000 in Attorneys’ Fees Awarded by California Court Against Los Angeles Police by $800,000 in Attorneys’ Fees Awarded by California Court Against Los Angeles Police The United States District Court, Central District of California, held on March 3, 2014, for plaintiff Troy Dugan in his motion for attorneys’ fees after …
Article • September 21, 2015
$733,000 in Attorneys’ Fees Awarded in Los Angeles Police Death Suit by $733,000 in Attorneys’ Fees Awarded in Los Angeles Police Death Suit On December 20, 2010, the United States District Court, Central District of California, awarded $719,417.00 in attorneys’ fees and $13,541.92 in costs to three attorneys representing the …
Filing • August 18, 2015
Filed under: Filing Fees (PLRA)
Bruce v. Samuels, HRDC amicus brief, USSC, PLRA 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 Appeals for the District of Columbia Circuit …
Three Strikes Litigant Required to Show Ongoing “Imminent Danger” to Proceed on Appeal by Lonnie Burton Three Strikes Litigant Required to Show Ongoing “Imminent Danger” to Proceed on Appeal by Lonnie Burton On January 7, 2015, the Ninth Circuit Court of Appeals held that a pro se prisoner litigant who …
Article • July 2, 2015
Seventh Circuit Dismisses Prisoner’s Suit as Sanction for Perjury by Seventh Circuit Dismisses Prisoner’s Suit as Sanction for Perjury The U.S. Court of Appeals for the Seventh Circuit, affirming a trial court’s dismissal of a prisoner’s suit, has sanctioned him for his history of dishonesty in litigation. Natanael Rivera filed …
Article • June 3, 2015 • from PLN June, 2015
Ninth Circuit: PLRA Fee Cap Inapplicable to Fees on Appeal by Ninth Circuit: PLRA Fee Cap Inapplicable to Fees on Appeal by Mark Wilson The Ninth Circuit Court of Appeals held that the attorney fee cap provision of the Prison Litigation Reform Act (PLRA) does not apply to fees incurred …
Article • June 3, 2015 • from PLN June, 2015
Fifth Circuit Holds Texas Prisoner has Right to Free Kosher Meals by Matthew Clarke Fifth Circuit Holds Texas Prisoner has Right to Free Kosher Meals by Matt Clarke On December 21, 2012, in a lawsuit that still remains pending, the Fifth Circuit Court of Appeals held that a Jewish prisoner …
Hadix v. Caruso, MI, Plf's Opp. to Def's Motion for Termination, Prison Conditions, 2015 I. DEFENDANTS MISAPPLY THE WAL-MART DECISION. The case that Defendants’ Trial Brief cites most extensively involves employment law and considers whether class certification should be granted. Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) …
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