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Article • October 5, 2014
Ninth Circuit: Subjective Unawareness Insufficient to Excuse Non-Exhaustion by Ninth Circuit: Subjective Unawareness Insufficient to Excuse Non-Exhaustion   The Ninth Circuit Court of Appeals held that subjective unawareness of a grievance procedure does not render the administrative remedy "unavailable" under the Prison Litigation Reform Act (PLRA). The prisoner must prove, …
Failure to Exhaust Administrative Remedies Dooms 7th Circuit Prisoner Suit by Derek Gilna Failure to Exhaust Administrative Remedies Dooms 7th Circuit Prisoner Suit   By Derek Gilna   The §1983 civil rights complaint filed by Wisconsin state prisoner, James R. Schultz, has been dismissed by the 7th Circuit Court of …
Brief • September 26, 2014
Filed under: Attorney Fees (PLRA)
Berrian v. City of New York, NY, Def Objects to Judge Recommendations, PLRA attorney fee awards, 2014 Case 1:13-cv-01719-DLC-DCF Document 59 Filed 09/26/14 Page 1 of 7 13 cIV r7I9 (DLCXDCF) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK STAFFORD BERzuAN, Plaintiffs, -against- CITY OF NEW YORK; Commissioner DORA …
Article • September 20, 2014 • from PLN September, 2014
Filed under: Attorney Fees (PLRA)
Fourth Circuit Finds PLRA Attorney Fee Cap Constitutional by David Reutter Fourth Circuit Finds PLRA Attorney Fee Cap Constitutional by David M. Reutter The Fourth Circuit Court of Appeals held on November 1, 2013 that the attorney fee provision of the Prison Litigation Reform Act (PLRA) is constitutional. The ruling …
How Prisoners' Rights Lawyers are Preserving the Role of the Courts Margo Schlanger 2014 How Prisoners’ Rights Lawyers Are Preserving the Role of the Courts by Margo Schlanger DRAFT: August 11, 2014 This article canvasses prisoners’ lawyers strategies prompted by the 1996 Prison Litigation Reform Act. The strategies not only …
Berrian v. City of New York, NY, Report and Recommendation, DOC Assaults, 2014 Case 1:13-cv-01719-DLC-DCF Document 45 Filed 07/28/14 Page 1 of 34 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------)( STAFFORD BERRIAN, Plaintiff, -against- USDCSDNY DOCUMENT ELECTRONICALLY FILED DOC#:~~---i~r-r~ DATE FILED: 1- ,/ U f 14No. 13cvl …
Article • July 11, 2014 • from PLN July, 2014
Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable by David Reutter Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable by David Reutter The Third Circuit Court of Appeals held on August 26, 2013 that a judge may resolve factual disputes …
Article • July 9, 2014 • from PLN July, 2014
Habeas Petitioner Cannot Avoid Payment of Appellate Filing Fees by Michael Brodheim Habeas Petitioner Cannot Avoid Payment of Appellate Filing Fees by Michael Brodheim The Seventh Circuit Court of Appeals has held that a prisoner seeking collateral relief cannot avoid paying appellate filing fees. Following a murder conviction, Indiana prisoner …
Article • June 7, 2014 • from PLN June, 2014
Mandamus Petition May Constitute Prison Conditions Litigation in Pennsylvania by David Reutter Mandamus Petition May Constitute Prison Conditions Litigation in Pennsylvania by David M. Reutter The Supreme Court of Pennsylvania held on July 9, 2013 that a mandamus petition related to an underlying complaint concerning prison conditions itself constitutes prison …
Trends in Prison Litigation and the PLRA Margo Schlanger U.C. Irvine L. Rev. 2014 Schlanger, Trends in Prisoner Litigation, DRAFT October 2, 2014, page 1 of 23 Trends in Prisoner Litigation, as the PLRA Enters Adulthood by Margo Schlanger* Forthcoming, U.C. IRVINE L. REV. (2015) The Prison Litigation Reform Act …
Publication • 2014
Filed under: PLRA
Judiciary 2014 Congressional Budget Justification Excerpt, 2014 y The Judiciar y Fiscal wear 2014 Congressional Budget Suxn mar
Brief • April 15, 2014
Scott v. Clarke, VA, Atty Fees for Discovery Compulsion, Systemic Medical Neglect, 2014 Case 3:12-cv-00036-NKM Document 109 Filed 04/15/14 Page 1 of 11 Pageid#: 1240 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION CYNTHIA B. SCOTT , ET AL., CIVIL ACTION NO . 3:12-CV …
Brief • April 15, 2014
Berrian v. City of New York, NY, Memo in Opposition to Motion for Attorneys' Fees, Use of Excessive Force, 2014 Case 1:13-cv-01719-DLC-DCF Document 37 Filed 04/15/14 Page 1 of 26 IndexNo. 13 CIV 1719 LC LINITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK STAFFORD BERzuAN, Plaintiff, -against- CITY OF …
Article • March 15, 2014 • from PLN March, 2014
D.C. Circuit Holds PLRA’s Exhaustion Requirement Inapplicable to Former Prisoner by The Circuit Court of Appeals for the District of Columbia has held that the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA) does not apply to suits filed by persons who are no longer incarcerated. The lawsuit …
Ninth Circuit Reinstates Disabled Prisoner's Deliberate Indifference Claim by On November 5, 2012, the Ninth Circuit reversed a district court’s dismissal of a lawsuit filed by a disabled prisoner with limited English proficiency who alleged that prison officials violated his constitutional rights by failing to honor a doctor’s order to …
Brief • December 3, 2013
Thankachan v. Peekskill Housing Authority, NY, Plf Reply Brief in Res to HUD Opp to Plf Mot for Supp Atty Fees, attorney fees, 2013
Prison Rape Elimination Act Standards Finally in Effect, but Will They be Effective? by Alex Friedmann "Sexual abuse is not an inevitable feature of incarceration. Leadership matters because corrections administrators can create a culture within facilities that promotes safety instead of one that tolerates abuse." – National Prison Rape Elimination …
Ninth Circuit Requires Notice to Pro Se Prisoner Litigants for Motions to Dismiss for Failure to Exhaust by The Ninth Circuit Court of Appeals held on September 19, 2012 that district courts must give pro se prisoners notice of their rights and duties when responding to a motion to dismiss …
Article • August 15, 2013
PLRA Administrative Exhaustion an Affirmative Defense by The U.S. Court of Appeals for the Fourth Circuit (4th Circuit) has reversed a District Court dismissal of a prisoner civil rights action for not showing that available administrative remedies were exhausted before suit was filed. In 1999, Rodney Anderson began serving time …
Premature Appeal Not Frivolous Under PLRA by The Second Circuit Court of Appeals has held the Prison Litigation Reform Act’s (PLRA’s) “three strikes” provision does not encompass a dismissal for filing a premature notice of appeal. New York prisoner Injah E. Tafari brought a civil rights action in September 2000, …
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