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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 ...
Publication • December 30, 2016
Committee on Professional Ethics Opinion 1062 (62915), New York State Bar Association, 2015 ETHICS OPINION 1062 New York State Bar Association Committee on Professional Ethics Opinion 1062 (6/29/15) Topic: Financing a law practice; crowdfunding websites. Digest: A law firm may engage in certain types of crowdfunding but not others. Any ...
Article • December 29, 2016
Fourth Circuit Finds Internal Investigation Exception to PLRA’s Exhaustion Requirement by The Fourth Circuit Court of Appeals held a Maryland prisoner “reasonably believed that he had sufficiently exhausted [administrative] remedies by complying with an internal investigation” conducted by prison officials on his claims. Before the court was the appeal of ...
Publication • December 29, 2016
Filed under: PLRA
Know Your Rights: The Prison Litigation Reform Act (PLRA), ACLU, 2011 Know Your Rights: The Prison Litigation Reform Act (PLRA) August 2011 The Prison Litigation Reform Act (PLRA) makes it harder for prisoners to file lawsuits in federal court. This fact sheet outlines the information you need to know before ...
Report Finds Criminal Justice System Financially Overburdens Prisoners and Their Families by Christopher Zoukis The Ella Baker Center for Human Rights, a nonprofit focused on racial and economic policy, in conjunction with Forward Together and a dozen other community and civil rights organizations recently released a study which surveyed hardships ...
Tennessee Sheriff’s Willful Denial of Public Records Merits PLN Attorney Fee Award by On June 24, 2015, a Tennessee appellate court found the sheriff of Marshall County had willfully denied access to public records requested by Prison Legal News, and held that PLN was entitled to attorney fees after filing ...
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 ...
Ninth Circuit Adopts Test to Excuse Exhaustion of Administration Remedies for Retaliatory Threats by The Ninth Circuit Court of Appeals joined other circuits in holding that a prisoner’s fear of retaliation may be sufficient to render the grievance procedure unavailable. The Court adopted a test that requires both a subjective ...
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 • September 6, 2016
Filed under: PLRA
Supreme Court Ruling Addresses Three-judge Court in Non-prison Case by In a case involving the constitutionality of congressional apportionment, which requires a three-judge court, a district judge may not dismiss on the ground of failure to state a claim without convening a three-judge court. If the nature of the case ...
Article • September 2, 2016 • from PLN September, 2016
Sixth Circuit Holds PLRA’s Physical Injury Rule Inapplicable to First Amendment Claims by On June 1, 2015, the Sixth Circuit Court of Appeals held “that deprivations of First Amendment rights are themselves injuries, apart from any mental, emotional, or physical injury that might also arise from the deprivation, and that ...
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