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Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit
Article • June 15, 2004 • from PLN June, 2004
Filed under: Civil Procedure, Complaints, Costs, Filing Fees, Expert Witnesses
Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit by Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit by Matthew T. Clarke A Texas court of appeals has held that a prisoner's unsworn declaration in support of his seeking to proceed as a pauper satisfies …
Common Fund Required for Incentive Award
Article • June 15, 2004 • from PLN June, 2004
Filed under: Civil Procedure, Damages, Costs
Common Fund Required for Incentive Award by The Sixth Circuit Court of Appeals held a named class representative may not receive an incentive award unless a common fund is established. Prisoner C. Pepper Moore, who was named a class representative in 1988 in Hadix v. Johnson, which was a class …
Beating Judgment for Jail Affirmed on Appeal; Costs Issue Remanded
Article • May 15, 2004 • from PLN May, 2004
Filed under: Excessive Force, Guard Brutality/Beatings, Restraints, Damages, Costs, Municipal Liability
Beating Judgment for Jail Affirmed on Appeal; Costs Issue Remanded by The U.S. Tenth Circuit Court of Appeals affirmed a district court grant of judgment as a matter of law to a Kansas county in an excessive use of force claim brought against county jailers after a jury ruled against …
Prisoner's Letter Treated as Motion; Subpoena's Require Cost Prepayment; Plaintiff's Deposition to be Furnished by Defense
Article • December 15, 2003
Filed under: Civil Procedure, Costs, Discovery
Prisoner's Letter Treated as Motion; Subpoena's Require Cost Prepayment; Plaintiff's Deposition to be Furnished by Defense by Prisoner's Letter Treated as Motion; Subpoena's Require Cost Prepayment; Plaintiff's Deposition to be Furnished by Defense A Pennsylvania federal district court treated a pro se prisoner plaintiff's letter as a motion seeking subpoena …
Mediation Costs Not Taxable in §1983 Suit
Article • September 15, 2003 • from PLN September, 2003
Filed under: Summary Judgment, Costs, Mediation, Sentencing, Wrongful Imprisonment, Qualified Immunity
Mediation Costs Not Taxable in §1983 Suit by Mediation Costs Not Taxable in §1983 Suit The U.S. Eighth Circuit Court of Appeals held that state officials named as defendants in a prisoner's civil rights suit could not be taxed costs for mediation. The decision reverses the U.S. District Court for …
Tribal Funds Exempt from Washington LFO Seizures
Article • March 15, 2003 • from PLN March, 2003
Filed under: Racial Discrimination, Costs, Money/Property, Seizure of Prisoner Funds, Restitution
Tribal Funds Exempt from Washington LFO Seizures by In an unpublished order, a federal court in Washington granted a Native American prisoner's motion for summary judgment on the issue of liability of prison officials in seizing monthly tribal per capita allotments from his prison account to satisfy court-ordered legal financial …
Class Action Filed on Washington DOC Seizure of Tribal Funds
Article • March 15, 2003 • from PLN March, 2003
Filed under: Racial Discrimination, Costs, Money/Property, Seizure of Prisoner Funds, Restitution
Class Action Filed on Washington DOC Seizure of Tribal Funds by On March 29, 2002, a class action suit was filed in a Washington federal court on behalf of all Native American prisoners in the Washington prison system who have had tribal trust funds seized by the Washington Department of …
Hustler Magazine Survives Arizona Prison Obscenity Test
Article • January 15, 2003 • from PLN January, 2003
Filed under: Damages, Costs, Consent Decrees, Mail, Publications/Books, Sexually Explicit Materials
Hustler Magazine Survives Arizona Prison Obscenity Test by On remand from the Ninth Circuit, the U.S. District Court for the District of Arizona found that prison officials were misapplying the constitutional obscenity standard and improperly seizing a prisoner's copies of Hustler magazine. Prison officials were ordered to pay $65 in …
PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded
Article • January 15, 2003 • from PLN January, 2003
Filed under: Prison/Jail Murders, Conditions of Confinement, Totality of Conditions, Attorney Fee Awards, Attorney Fees (PLRA), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Settlements, Costs, Mail Regulations, Ad-Seg Hearings, Suicides
PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded by David Reutter by David M. Reutter A federal district court in South Dakota has held the PLRA attorney fees provision does not apply to juvenile facilities, and awarded $379,000 in attorney fees and costs. The court …
PLRA Attorney Fee Cap and Local Cost Recovery Rules Upheld in New York Hepatitis C Case
Article • November 15, 2002 • from PLN November, 2002
Filed under: Civil Procedure, Costs
PLRA Attorney Fee Cap and Local Cost Recovery Rules Upheld in New York Hepatitis C Case by John E Dannenberg by John E. Dannenberg The U.S. District Court (S.D. N.Y.) upheld the Constitutionality of the Prison Litigation Reform Act's (PLRA) attorney fee cap limitations and applied local rules to cost …
$54,750 Damages Awarded Asthmatic Prisoner in Michigan ETS Suit
Article • August 15, 2002 • from PLN August, 2002
Filed under: Respiratory, Smoking, Attorney Fees (PLRA), Civil Procedure, Costs, Expert Witnesses, Supervisory Liability
$54,750 Damages Awarded Asthmatic Prisoner in Michigan ETS Suit by John E Dannenberg by John E. Dannenberg The U.S. District Court (E.D..) awarded an asthmatic Michigan state prisoner $36,500 in compensatory damages and $18,250 in punitive damages after a bench trial determination that Michigan Department of Corrections (DOC) wardens had …
Motion Accepted as Appeal Notice; Damage Award Set Off Against Costs
Article • August 15, 2002 • from PLN August, 2002
Filed under: Damages, Settlements, Costs, Appeals, Religious Freedom, Religious Diet, Denial of Religious Services
Motion Accepted as Appeal Notice; Damage Award Set Off Against Costs by The Eleventh Circuit Court of Appeals has held that a pro se motion must be accepted as a notice of appeal if it states the intent to appeal, and that a jury's damage award could be set off …
Second and Sixth Circuits Uphold Validity of PLRA's Taxation of Costs
Article • February 15, 2002 • from PLN February, 2002
Filed under: Medical, Respiratory, Disciplinary Litigation, Smoking, Filing Fees (PLRA), Costs
Second and Sixth Circuits Uphold Validity of PLRA's Taxation of Costs by Two recent appellate decisions from the Second and Sixth Federal Circuits have upheld the validity of the PLRA's taxation of costs against unsuccessful prisoner litigants, 28 U.S.C. §1915(f). The Second Circuit ruled that taxation of costs could be …
$80,000 Settlement in CDC Transsexual Suit
Article • August 15, 2001 • from PLN August, 2001
Filed under: Preliminary Injunctions/TRO's, Costs, Transgender, Transgender Medical Procedures
$80,000 Settlement in CDC Transsexual Suit by In August 2000, the State of California settled a claim from a transsexual former prisoner that her need for hormone therapy was ignored while incarcerated by agreeing to pay her $80,000. Torey Tuesday South, 40, began her trek through the California penal system …
Defendants' Attorney Fee Award Must Be Supported by Record
Article • July 15, 2001 • from PLN July, 2001
Filed under: Attorney Fee Awards, Civil Procedure, Frivolous Litigation, Costs
Defendants' Attorney Fee Award Must Be Supported by Record by The court of appeals for the Tenth circuit held that district courts who award civil rights defendants attorney fees must explain the basis for the award. G. Sam Houston is a Colorado prisoner convicted of assorted sex crimes against children. …
PLRA-Based Garnishment Used to Collect Court Costs for Defendant
Article • June 15, 2001 • from PLN June, 2001
Filed under: PLRA, Filing Fees (PLRA), Costs, Seizure of Prisoner Funds
PLRA-Based Garnishment Used to Collect Court Costs for Defendant by The court of appeals for the Fifth Circuit has held that the method for garnishing a prisoner's trust fund set forth in the Prison Litigation Reform Act (PLRA) and codified at 28 U.S.C. §§ 1915(f)(2)(A), (B) and (b)(2), may be …
Costs Allowed Only by Court Order
Article • June 15, 2001 • from PLN June, 2001
Filed under: Civil Procedure, Costs
Costs Allowed Only by Court Order by Costs Allowed Only By Court Order The Second Circuit Court of Appeals granted a pro se prisoner's Motion to Disallow Costs, holding that even under the Prison Litigation Reform Act, (PLRA), the assessment of costs remains within the discretion of the court and …
Montana Court Awards PLRA-Capped Attorney Fees Under Catalyst Theory
Article • June 15, 2001 • from PLN June, 2001
Filed under: Conditions of Confinement, Totality of Conditions, Attorney Fee Awards, Attorney Fees (PLRA), Settlements, Costs, Consent Decrees
Montana Court Awards PLRA-Capped Attorney Fees Under Catalyst Theory by by Matthew T. Clarke A federal district court in Montana has awarded attorney fees to prisoners in a Montana jail, even though the case was settled outofcourt, because the suit was the catalyst of change similar to the relief requested …
Washington DOC Settles Public Disclosure Suits
Article • April 15, 2001 • from PLN April, 2001
Filed under: Civil Procedure, Damages, Settlements, Costs, Disclosure of Records
Washington DOC Settles Public Disclosure Suits by Roger Smith Plaintiffs Roger Smith, Donald Miniken, and Karl Twilleager, prisoners at the McNeil Island Correction Center (MICC) near Steilacoom, Washington, settled their consolidated Public Disclosure Act claims against defendants Washington Department of Corrections, MICC, and MICC Public Disclosure Officer, Rosemarie Routson on …
New York Prayer Rule Struck Down
Article • March 15, 2001 • from PLN March, 2001
Filed under: Notice of Rules, Legality of Rules, Attorney Fees (PLRA), Costs, Religious Freedom, Denial of Religious Services, Religious Practices
New York Prayer Rule Struck Down by by Matthew T. Clarke The Second Circuit court of ap- peals has held that Rule 105.11 of the New York State Department of Corrections Services (DOCS) Standards of Inmate Behavior (the Rules) violates the Due Process Clause of the Fifth Amendment when used …
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