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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 …
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 …
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