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Article • August 8, 2022 • from PLN August, 2022
Seventh Circuit Says No Evidence Illinois Prisoner Lied About Endangerment to Circumvent PLRA’s Three-Strikes Rule by Matthew Clarke by Matt Clarke On February 1, 2022, the U.S. Court of Appeals for the Seventh Circuit held that a district court committed clear error when it found that a severely mentally ill …
Article • July 1, 2021 • from PLN July, 2021
En Banc Eleventh Circuit Holds Prisoners Can Seek Punitive Damages Without Physical Injury by David Reutter by David M. Reutter In a reversal of its own precedent, the Eleventh Circuit Court of Appeals held that 42 U.S.C. section 1997e(e) permits claims for punitive damages without a showing of physical injury. …
Eighth Circuit: Severe Pain Caused by Actual Injury Satisfies PLRA Physical Injury Requirement by Matthew Clarke by Matt Clarke On August 7, 2018, the Eighth Circuit Court of Appeals held the physical injury requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e), does not require a prisoner …
Long-Term Segregation Can Establish Imminent Danger of Serious Physical Injury for PLRA Purposes by Christopher Zoukis by Christopher Zoukis The Seventh Circuit Court of Appeals has held that a mentally ill prisoner who spent 11 years in solitary confinement and had a history of attempted self-harm could plausibly allege that …
Improper Analysis of Sovereign Immunity Defense Requires Remand in Georgia Negligence Claim by The Georgia Supreme Court vacated the rulings of two lower courts because they failed to apply the proper legal analysis in deciding the application of sovereign immunity. The matter before the court came on a petition for …
Damon v. Masters, Fourth Circuit, Amicus Brief, Religious Accommodations, 2015 No. 15-7619 IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT MARVIN X. DAMON Plaintiff-Appellant v. BART MASTERS, Warden; JOHN BOWLING, Food Service Administrator; J. TABOR, Assistant Food Service Administrator; JOHN BOYD, Food Service Employee Defendants-Appellees Appeal from …
Article • November 6, 2015
Prisoner's Suit Dismissed After Court Finds "Three Strikes" Litigant Not in Imminent Danger by Matthew Clarke Prisoner's Suit Dismissed After Court Finds "Three Strikes" Litigant Not in Imminent Danger by Matt Clarke In December 2009, Jeremy Pinson, a federal prisoner serving a 22-year sentence for threatening to kill the president, …
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 …
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 …
Article • August 15, 2013 • from PLN August, 2013
Seventh Circuit: Health Hazard without Physical Injury Can State a Claim by On September 27, 2012, the Seventh Circuit Court of Appeals upheld the dismissal of a prisoner's lawsuit, but noted that seemingly de minimis harm from a vermin infestation may state a cognizable claim. Illinois prisoner Calvin Thomas filed …
Congress Amends PLRA Physical Injury Requirement for Sexual Abuse Cases by John Boston The federal Violence Against Women Act (VAWA) was renewed and broadened in February 2013, after much controversy involving Republican opposition to provisions extending certain of the statute's protections to LGBT persons, Native Americans living on reservations and …
Article • April 15, 2013
4th Circuit: Prisoner Alleges Sufficient Facts to Establish Imminent Danger, Permitted to Proceed Despite Three Prior “Strikes” by In an unpublished per curiam opinion decided September 2006, the Fourth Circuit vacated a district court order dismissing a prisoner’s civil rights complaint pursuant to 28 U.S.C. §1915(g) on the ground that …
Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld by Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld On March 19, 2012, the Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(e) bars compensatory damages …
Pennsylvania Prisoner’s $185,000 Jury Award Reduced to $75,005 by Matthew Clarke by Matt Clarke On June 7, 2011, a Pennsylvania federal judge issued an order reducing a prisoner’s jury award for destruction of legal materials to $75,005. The award had previously been reduced from $185,000 to $115,000. Andre Jacobs, a …
Eleventh Circuit Holds Failure to Prove Physical Injury Accompanies Emotional Injury is Affirmative Defense by David Reutter By David M. Reutter The Eleventh Circuit Court of Appeals has held that 42 U.S.C. 1997e’s prohibition against a prisoner bringing a federal civil action for emotional injury without a prior showing of …
Article • March 15, 2011
Third Circuit Says Asthma May be Physical Injury by The Third Circuit Court of Appeals vacated a lower court’s dismissal of a federal prisoner’s Federal Tort Claims Act (FTCA) negligence claim for failing to show a sufficient physical injury under the Prison Litigation Reform Act (PLRA). Federal prisoner Mike Perez …
Article • December 15, 2010 • from PLN December, 2010
U.S. Supreme Court Holds Significant Injury Unnecessary for Excessive Force Claims by Brandon Sample More than de minimis injury is not required to state an excessive force claim, the U.S. Supreme Court unanimously decided on February 22, 2010. In Hudson v. McMillian, 503 U.S. 1 (1992) [PLN, May 1992, p.3], …
Everything Revolves Around Overcrowding: The State of California’s Prisons by Donald Specter by Donald Specter, Director, Prison Law Office I. Introduction California has the nation’s largest and the world’s third-largest prison system.1 In two separate class action lawsuits, filed a decade apart, California prisoners sued the governor and corrections officials …
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