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Article • October 10, 2017 • from PLN October, 2017
Prisoner Showed Good Cause for Extension of Time by The Tenth Circuit Court of Appeals held a district court erred in denying a prisoner’s motion for extension of time to respond to a dispositive motion. Oklahoma state prisoner Archie Rachel, 71, filed suit in federal court regarding his medical treatment ...
Article • October 10, 2017 • from PLN October, 2017
Filed under: Prison Labor, Grievances
South Carolina Prisoners’ Wage Grievances Not Subject to 15-day Deadline by A South Carolina Appellate Court held that prisoners’ grievances were not subject to a 15-day filing deadline because they did not concern an “incident” but rather challenged the South Carolina Department of Corrections’ (SCDC) policies or procedures. The ruling ...
Article • July 28, 2017 • from PLN August, 2017
Seventh Circuit Reinstates Indiana Prisoner’s Lawsuit, Holds Prison Officials Prevented Him from Pursuing Grievances by Lonnie Burton by Lonnie Burton In an April 5, 2016 ruling, the Seventh Circuit reversed an Indiana federal district court’s order dismissing a lawsuit filed by a state prisoner who claimed prison officials failed to ...
Article • July 28, 2017 • from PLN August, 2017
Filed under: Staffing, Mandamus, Grievances
California Appellate Court Reinstates Prisoner’s Mandamus Action Against CDCR by Derek Gilna by Derek Gilna California Department of Corrections and Rehabilitation (CDCR) prisoner Jared M. Villery filed three administrative grievances in 2014 concerning the failure of prison staff to properly discharge their duties. He alleged that staff failed to respond ...
Governor of the State of Delaware - Independent Review of Security Issues at the James T. Vaugn CC, 2017 Final Report: Independent Review of Security Issues at the James T. Vaughn Correctional Center Requested by the Honorable John C. Carney, Jr., Governor of the State of Delaware on February 14, ...
Fifth Circuit: Staff Misleading Prisoner about Grievance Process Excuses Failure to Exhaust by Matthew Clarke On August 17, 2015, the Fifth Circuit Court of Appeals held that a Texas prisoner’s failure to fully exhaust administrative remedies was excused because jail staff had misled him about grievance procedures. Grady Allen Davis ...
The Private Prison Primer: Stolen shoes and the Kingman riots by By Beryl Lipton, MuckRock Part 1 - Taking a look inside the black hole of prisoner grievances, and the lessons learned too late During the years it was operated by the private Management and Training Corporation, the “property” grievance was ...
Article • February 8, 2017 • from PLN February, 2017
Prisoners Not Required to Take Unspecified Steps to Exhaust Administrative Remedies by On February 25, 2016, the Sixth Circuit Court of Appeals concluded a prisoner’s suit had been improperly dismissed when he “failed to do something not specified, outlined, or required by his prison’s grievance procedure.” Before the Court was ...
Merits Ruling on Procedurally Flawed Grievance Satisfies PLRA by The Eleventh Circuit Court of Appeals has held that district courts may not enforce a prison’s procedural rule to find a failure to exhaust administrative remedies after prison officials declined to enforce the rule themselves. The Court also found the district ...
Merits Ruling on Procedurally Flawed Grievance Satisfies PLRA by The Eleventh Circuit Court of Appeals has held that district courts may not enforce a prison’s procedural rule to find a failure to exhaust administrative remedies after prison officials declined to enforce the rule themselves. The Court also found the district ...
Ninth Circuit Declines to Enforce Procedural Bar When Prison Officials Waive Rule by In a January 12, 2016 decision, the Ninth Circuit Court of Appeals held that a prisoner successfully exhausts “such administrative remedies as are available” under the Prison Litigation Reform Act (PLRA) “despite failing to comply with a ...
A Primer on Prisoners’ Constitutional Rights by Alex Friedmann Prison Legal News (PLN) regularly reports on prison and jail-related court decisions involving violations of prisoners’ constitutional rights. Those who are new to the arena of civil rights litigation and unfamiliar with prisoners’ few remaining rights may need a basic introduction ...
Article • October 25, 2016
Federal Prison Worker Awarded Back Pay after Grievance Settled at Arbitration by Lonnie Burton The American Federation of Government Employees Council of Prison Locals, Local 510 (AFGE) and the United States Department of Justice (DOJ) entered into a settlement agreement on August 9, 2001, which provided for back pay with ...
8th Circuit: "Favorable Termination" Rule Applies Even if Plaintiff No Longer Incarcerated by Lonnie Burton In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court ruled that a prisoner could not bring a suit for damages for an unconstitutional conviction or imprisonment, unless and until the underlying conviction has ...
Article • September 9, 2016
BOP Grievance System Can Foster "Compliance or Defiance" by Derek Gilna The Federal Bureau of Prisons (BOP) first instituted the prisoner grievance system (IR) in 1974, and since that time it appears to have become an important tool to defuse prisoner complaints about the BOP and its procedures. A new ...
Brief • July 26, 2016
Jackson v. Meisner, WI, AAG Letter to Judge, Columbia CI error rejecting inmate complaint, 2013 • STATE OF WISCONSIN DEPARTMENT OF JUSTICE J.B. VAN HOLLEN ATIORNEY GENERAL 17 W. Main Street P.O. Box 7857 Madison, W1 53707-7857 www.doj.state.wi.us Kevin M. St. John Deputy Attorney General Rebecca A. Paulson Assistant Attorney ...
USA v. Hinds County, MS, Settlement Agreement, use of force 8th Am sexual misconduct grievances, 2016.pdf THE DEPARTMENT OF JUSTICE SETTLEMENT AGREEMENT WITH HINDS COUNTY, MISSISSIPPI The Justice Department and Hinds County, Mississippi, Hinds County Board of Supervisors and the Hinds County Sheriff have entered into a court-enforceable settlement agreement ...
USA v. Hinds County, MS, Mot for Entry of Settlement Agreement, use of force 8th Am sexual misconduct grievances, 2016.pdf Case 3:16-cv-00489-WHB-JCG Document 2 Filed 06/23/16 Page 1 of 5 Case 3:16-cv-00489-WHB-JCG Document 2 Filed 06/23/16 Page 2 of 5 Case 3:16-cv-00489-WHB-JCG Document 2 Filed 06/23/16 Page 3 of 5 ...
Second Circuit Reverses Dismissal of Bivens Suit Due to Continuing Violation Doctrine by Derek Gilna Esteban Gonzalez, while incarcerated at the Metropolitan Correctional Center (MCC) in Manhattan and the Metropolitan Detention Center (MDC) in Brooklyn, was confined to the Special Housing Unit (SHU) for stabbing another prisoner “with a knife-like ...
Wisconsin Prisoner’s Civil Rights Action Alleging Verbal Harassment Reinstated by Derek Gilna Ronald J. Beal, a Wisconsin state prisoner, filed a complaint under 42 U.S.C. § 1983 alleging violations of his civil rights by Department of Corrections (DOC) staff who had subjected him to verbal harassment. After his complaint was ...
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