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Nevada Prisoner Wins Injunction Requiring DOC to Provide Exercise Despite Guard Shortage by by Matt Clarke On June 6, 2023, Judge Cristina D. Silva of the federal court for the District of Nevada renewed a preliminary injunction she issued on March 3, 2023, ordering state prison officials to provide prisoner …
Hear Us Now? Hearing Impaired Tennessee Prisoners Secure Injunction by Under the Americans with Disabilities Act (ADA), 42 U.S.C. ch.126 § 12101 et seq., and the Rehabilitation Act, 29 U.S.C. § 701 et seq., prisoners who are deaf or hard of hearing are entitled to reasonable accommodations so they can communicate and …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Injunctions (PLRA)
Eleventh Circuit: Preliminary Injunctions Have 90-Day Limit Under PLRA; Permanent Injunction Required to Extend Relief by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals held that “the entry of a permanent injunction is necessary to prevent a preliminary injunction from expiring by operation of law after …
Publication • 2021
Filed under: Injunctions (PLRA)
Rethinking the PLRA - the Resiliency of Injunctive Practice and Why It's Not Enough RETHINKING THE PLRA: THE RESILIENCY OF INJUNCTIVE PRACTICE AND WHY IT’S NOT ENOUGH Allison M. Freedman* During the latter part of the twentieth century, prison populations in the United States increased exponentially and the nation became …
Publication • May 26, 2016
Civil Rights Injunctions Over Time - Jail and Prison Court Orders, Schlanger, 2006 \\server05\productn\N\NYU\81-2\NYU202.txt unknown Seq: 1 25-APR-06 14:38 CIVIL RIGHTS INJUNCTIONS OVER TIME: A CASE STUDY OF JAIL AND PRISON COURT ORDERS MARGO SCHLANGER* Lawyers obtained the first federal court orders governing prison and jail conditions in the 1960s. …
Article • March 1, 2016 • from PLN March, 2016
Eleventh Circuit: Expiration of Preliminary Injunction Moots Appeal by David Reutter The Eleventh Circuit Court of Appeals dismissed as moot an appeal by the Florida Department of Corrections (FDOC) that challenged a preliminary injunction regulating its provision of kosher meals to prisoners. The appellate court also vacated orders by the …
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 …
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 …
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 …
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 …
Article • June 15, 2013 • from PLN June, 2013
Plata and Coleman Showdown in California by John Dannenberg by John E. Dannenberg A three-judge federal court tightened the noose around the neck of the California Department of Corrections and Rehabilitation (CDCR) in April 2013 when it issued a lengthy order denying a motion by state officials to delay or …
Article • March 15, 2013
Mass Incarceration Now, Tomorrow, Forever: Gov. Jerry Brown and the Politics of Court Bashing by Jonathan Simon by Jonathan Simon, Professor of Law Just about two years ago, in May 2011, the US Supreme Court in Brown v. Plata 131 S.Ct. 1910 (2011) upheld what Justice Scalia called the "most …
U.S. Supreme Court Holds California’s Prison Overcrowding Violates Eighth Amendment, Must be Remediated by Population Reduction by John Dannenberg by John E. Dannenberg In a landmark ruling upholding provisions of the Prison Litigation Reform Act (PLRA) that permit specially convened three-judge federal court panels to order reductions in state prison …
Federal Court Rejects California’s Attempt to Terminate Clark Remedial Plan, Grants $2.3 Million in Attorney’s Fees by Michael Brodheim by Mike Brodheim On August 26, 2010, the U.S. District Court for the Northern District of California issued proposed Findings of Fact and Conclusions of Law after conducting a hearing to …
Article • December 15, 2010 • from PLN December, 2010
California: Gilmore Injunction Over Prison Libraries Terminated After 38 Years by Four months after adopting regulations setting forth a statewide mandate that “[a]ll inmates, regardless of their classification or housing status, shall be entitled to physical law library access that is sufficient to provide meaningful access to the courts” (Cal. …
California Prison Officials Settle Deliberate Indifference Suit for $12,000 by Michael Brodheim Following mediation in July 2008, Peter Cockcroft, proceeding pro se, agreed to a $12,000 settlement of his § 1983 suit for damages alleging Eighth Amendment violations that transpired between March 2004 and January 2006, when he was a …
Hadix Litigation Winding Down by David Reutter by David M. Reutter After nearly thirty years, a class-action lawsuit challenging conditions of confinement at the State Prison of Southern Michigan-Center Complex is on the cusp of ending. The end is in sight not because prison officials have fully complied with a …
District Court May Order Martinez Report, Ninth Circuit Holds by A federal district court has the discretion to order the preparation of a Martinez report, the U.S. Court of Appeals for the Ninth Circuit decide. Robert Tuzon, an Arizona prisoner, sued various state prison officials alleging that (1) staff had …
Experts Designated and Defendants Ordered to Give Plaintiffs' Attorneys Access to Jails and Records in Maricopa County Jail Medical Suit by On January 28, 2009, a Phoenix federal judge appointed experts to evaluate medical and mental health care in the Maricopa County, Arizona jails, and assist in developing a remedial …
Human Rights Watch Report Calls to Reform PLRA by David Reutter by David M. Reutter “The PLRA has had a devastating effect on the ability of incarcerated persons to protect their health and safety and vindicate other fundmanetal rights,” concludes a June 2009 report titled No Equal Justice: The Prison …
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