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Article • October 10, 2017 • from PLN October, 2017
Second Circuit: Ross Abrogates “Special Circumstances” Exhaustion Exception by The Court of Appeals for the Second Circuit reversed the non-exhaustion dismissal of a New York prisoner’s excessive force suit. Applying Ross v. Blake, 136 S.Ct. 1850 (2016) [PLN, July 2016, p.22], the appellate court held that no administrative remedies were ...
Eleventh Circuit: Procedural Dismissals do Not Count as Strikes Under the PLRA by David Reutter by David Reutter The Eleventh Circuit held last year that a district court erred in finding the dismissals of a prisoner’s prior civil rights actions due to “lack of jurisdiction” and for “want of prosecution” ...
Ninth Circuit Reinstates Wiccan Prisoner’s Consent Decree by The Ninth Circuit Court of Appeals has sharply criticized a district court’s handling of a Wiccan prisoner’s lawsuit, and reinstated a longstanding consent decree in the case. In 1993, California state prisoner William Rouser filed suit on behalf of himself and thirty ...
Article • August 30, 2017 • from PLN September, 2017
Indiana Court Cannot Reduce 45-Day Filing Fee Time Limit by The Indiana Court of Appeals reversed the dismissal of an indigent prisoner’s lawsuit for failing to pay the filing fee within 30 days, when he had complied with state law by paying within 45 days. Indiana prisoners are required to ...
Article • June 30, 2017 • from PLN July, 2017
Michigan Jail Sanctioned for Denying Access to Paralegals by Derek Gilna by Derek Gilna On June 23, 2016, jail officials in Genesee County, Michigan entered into a federal consent decree that required them to provide detainees with bottled water to replace water at the jail that was contaminated by lead. ...
Murphy v. Smith, USA, Amicus Brief, Prisoner Access to Counsel, 2017 No. 16-1067 IN THE Supreme Court of the United States _________ CHARLES MURPHY, Petitioner, v. ROBERT SMITH AND GREGORY FULK, Respondents. ________ On Petition For A Writ Of Certiorari to the United States Court of Appeals for the Seventh ...
Brief • May 12, 2017
Pederson v. County of Plumas, CA, Mot to Enforce Consent Decree, Access to Dentures, 2017 Case 2:89-cv-01659-KJN Document 79 Filed 10/28/16 Page 1 of 29 1 2 3 4 5 6 7 8 9 10 Dan Stormer, Esq. [S.B. # 101967] Mohammad Tajsar, Esq. [S.B. #280152] HADSELL STORMER & RENICK ...
Brief • May 12, 2017
Pederson v. County of Plumas, CA, Order for Sanctions and Report, Access to Dentures, 2017 Case 2:89-cv-01659-KJN Document 91 Filed 05/11/17 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PEDERSON, et al., 12 ...
Brief • May 12, 2017
Pederson v. County of Plumas, CA, Order on Consent Decree, Conditions at Jail, 2017 Case 2:89-cv-01659-KJN Document 85 Filed 02/08/17 Page 1 of 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PEDERSON, et al., 12 13 ...
Article • April 3, 2017 • from PLN April, 2017
Federal Dismissals Not In Forma Pauperis Strikes in Arkansas by On May 5, 2016, the Arkansas Supreme Court reversed the revocation of a prisoner’s in forma pauperis status, finding that dismissed federal court actions could not be counted as strikes under state law. Arkansas Code Annotated (ACA) § 16-68-607 prohibits ...
Female Inmates and Sexual Assault by Christina Piecora by Christina Piecora, Jurist edited by Josh Guckert JURIST Guest Columnist Christina Piecora, St. John's University School of Law, Class of 2015, is the author of the first article in a twelve-part series from the staffers of the Journal of Civil Rights and Economic ...
Coats v. Fox, 9th Cir, Def Answering Brief, failure to treat Hep C, 2012 11-18085 IN TliE UNITED STATES COURT OF APPEALS FOR Tl-ffi NINTH CIRCUIT .oi- WILLIAM THOMAS COATS, A Plaintiff-Appellant, V. MICHAEL FOX, Defendant-Appellee. On Appeal from the United States District Court for the Eastern District of California ...
Coats v. Fox, 9th Cir, Def Supp Excerpts of Record, failure to treat Hep C, 2012 ^NC 11-18085 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT WILLIAM THOMAS COATS, Plaintiff-Appellant, MICHAEL FOX, Defendant-Appellee. On Appeal from the United States District Court for the Eastern District of California ...
Corrections Corporation of America Held in Contempt of Court for Falsifying Records at Idaho Prison by Lonnie Burton On May 23, 2016, the United States Court of Appeals for the Ninth Circuit affirmed an Idaho federal district court ruling that found Corrections Corporation of America (CCA) -- a private prison ...
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 ...
Article • March 10, 2017 • from PLN March, 2017
Federal Strikes Do Not Count as Strikes for Georgia PLRA by A Georgia Court of Appeals held in March 2016 that strikes for dismissed frivolous federal lawsuits do not count as strikes under Georgia’s Prison Litigation Reform Act (PLRA). Since his imprisonment in 2010, Georgia state prisoner Willie Wright, Jr. ...
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 ...
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 ...
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