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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) …
Publication • 2015
Filed under: PLRA
Judiciary 2015 Congressional Budget Justification Excerpt, 2015 The Judiciary Fiscal Year 2015 ressional Budget Justification OURTS,AND OTHER JUDICIAL SERVICES UNT REQUIREMENTS Request cal Year 2014 Appropriation OURTS,AND OTHER JUDICIAL SERVICES $1,044,394,000 $1,053,158,000 $8,764,000 zations; the compensation and reimbursement ofexpenses of attorneys appointed to represent persons under 18 U.S.C. 3006A and …
Article • May 24, 2015
Texas Prisoner’s ADA and Deliberate Indifference Claims Survive Summary Judgment, Qualified Immunity by Texas Prisoner’s ADA and Deliberate Indifference Claims Survive Summary Judgment, Qualified Immunity The U.S. District Court for the Southern District of Texas has held in a Texas prisoner’s suit that one of two prison doctors was not …
Article • May 24, 2015
Parole Hearings Are "Prison Conditions" Subject to Exhaustion by Parole Hearings Are "Prison Conditions" Subject to Exhaustion The U.S. District Court for the Eighth Circuit has held that challenges to parole hearings implicate "prison conditions" and thus are subject to the administrative exhaustion requirements of the Prison Litigation Reform Act …
Third Circuit Denies Intervention in CRIPA Class-Action Suit by Mark Wilson Third Circuit Denies Intervention in CRIPA Class-Action Suit by Mark Wilson On April 11, 2014, the Third Circuit Court of Appeals rejected a prisoner’s motion to intervene in a 28-year-old class-action case on the eve of settlement. In 1986, …
Article • March 5, 2015 • from PLN March, 2015
Third Circuit Affirms Nominal Damages, Reverses PLRA Fee Cap Order by Mark Wilson Third Circuit Affirms Nominal Damages, Reverses PLRA Fee Cap Order by Mark Wilson On March 28, 2014, a New Jersey federal district court refused to reduce a prisoner’s attorney fee award to $1.50 (i.e., 150% of his …
An Expanding Strike Zone (Coleman-Bey PLRA Report), Alliance for Justice, 2015 An Expanding Strike Zone: Coleman-Bey and the Future of Civil Protections for Prison Inmates For years, Alliance for Justice has warned of the conservative-led campaign to restrict access to justice.1 From forced arbitration, to restricting medical malpractice claims, to …
Article • January 10, 2015 • from PLN January, 2015
Fifth Circuit Holds Prison Officials Need Not be Named in Grievances by Matthew Clarke Fifth Circuit Holds Prison Officials Need Not be Named in Grievances by Matt Clarke On November 15, 2013, in an unpublished decision, the Fifth Circuit Court of Appeals reversed the summary dismissal of a Texas prisoner’s …
Article • October 10, 2014 • from PLN October, 2014
Ninth Circuit: Exhaustion Prior to Amended Complaint Satisfies PLRA by Mark Wilson Ninth Circuit: Exhaustion Prior to Amended Complaint Satisfies PLRA by Mark Wilson On January 14, 2014, the Ninth Circuit Court of Appeals held that claims raised in an amended complaint satisfy administrative exhaustion requirements under the Prison Litigation …
Article • October 5, 2014
Fifth Circuit: Exhaustion Mandatory Prior to Filing § 1983 Suit by Fifth Circuit: Exhaustion Mandatory Prior to Filing § 1983 Suit   On December 12, 2012, the Fifth Circuit Court of Appeals held that exhaustion of administrative remedies must be completed prior to the filing of a civil rights action …
Kentucky Prisoner’s First and Fifth Amendment Case Reinstated by Sixth Circuit by Derek Gilna Kentucky Prisoner’s First and Fifth Amendment Case Reinstated by Sixth Circuit   by Derek Gilna   Federal prisoner David Wayne Baker filed a “Bivins” suit against his warden and other prison mail clerks for violations of …
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