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Ninth Circuit: PLRA Precludes Award of Attorney Fees Where Violation of Prisoner’s Rights is Not Affirmatively Established
Loaded on Nov. 15, 2011
published in Prison Legal News
November, 2011, page 49
The Ninth Circuit held that the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d)(1), precludes an award of attorney fees in cases where a prisoner obtained relief but did not affirmatively establish a violation of protected rights.
Filed under:
Attorney Fee Awards,
Attorney Fees (PLRA),
Federal Statutory Law,
RLUIPA,
Religious Grooming.
Location:
California.
Proceeding pro se, state prisoner Clark Allen Kimbrough filed a complaint in ...
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More from this issue:
- New York’s Sex Offender Civil Commitment Program Proves Expensive, Problematic, by Matthew Clarke
- Eleventh Circuit Reverses Dismissal of BOP Failure to Protect Suit
- From the Editor, by Paul Wright
- Texas Jail Guards Smuggle Contraband in Tacos, Ramen Noodles
- $725,000 Award in Negligent Medical Care Suit Involving Poisoned New York Prisoner
- Oregon Jail Suicides Lead Grand Juries to Fault Prevention Efforts, Staff Training, by Mark Wilson
- Alabama Sheriff Capitulates to ACLU in Challenge to Denial of Attorney Visits
- Incapacitation Good Cause for Untimely Exhaustion Under PLRA
- Federal Court Rules on Exhaustion Issues for Joined Plaintiffs in Lawsuit Against CCA
- California Appellate Ruling Holds Court Fee Inapplicable to Pre-2009 Convictions
- Ninth Circuit Holds Serious Risk to Prisoner’s Health Posed by Year-Long Denial of Outdoor Exercise “Obvious” as a Matter of Law, by Michael Brodheim
- PLN Files Censorship Suit Against NYDOCS
- U.S. Supreme Court Holds Civil Contemptor Facing Incarceration Requires Procedural Safeguards Absent Counsel
- Former Judges in “Cash for Kids” Scandal Sentenced, by Derek Gilna
- $370,000 in Annual Phone Revenue at Ohio Jail
- PLN Sues Jails in Louisiana, Washington State Over No-Publication Policies
- Ninth Circuit Holds That Absconding Tolls Supervised Release for Federal Parolees
- Settlement Reverses Virginia DOC’s Ban on Jailhouse Lawyers Handbook, by David Reutter
- Summary Judgment for CCA Reversed in Filthy Jail Conditions Case, by David Reutter
- Hawaii Ex-prisoner Awarded $83,000 for Being Held 83 Days Past Release Date
- Requests for Hawaiian Prisoner Workers Soar Due to Poor Economy, by David Reutter
- Boulder, Colorado Jail’s Postcard-Only Correspondence Policy Ends with Settlement
- Ninth Circuit Rules Right to Court Access Violated When Lockdown Prevents Prisoner from Researching Issues Related to Direct Appeal, by Michael Rigby
- Nevada DOC’s Ban on Male Supervisors at Women’s Prison Invalidated
- No Qualified Immunity for Guard Who Transported Prisoner in Dog Cage
- Ninth Circuit Rules California’s Proposition 115 Not Unconstitutional
- Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies, by Michael Brodheim
- Report Blasts Sex Party at New York Juvenile Facility
- Ninth Circuit Holds California Prison Officials Responsible for Providing Reasonable Accommodations to Disabled Prisoners and Parolees Held in County Jails
- New York Court Sentences Rabbi to Four Years in Prison
- Iowa Supreme Court Rules That Sex Offender Treatment Program Requires Due Process Protections
- Colorado Prison Culinary Program Caters to Local Community
- Conditions at New York Juvenile Facilities Deficient; State and Federal Officials Settle Lawsuit
- Ten Years of Sham Segregation Reviews Result in $4,846 Damage Award for Arkansas Prisoner
- Courts Cannot Order Federal Prisoners to Participate in IFRP
- Ohio Prisoner Escape and Hostage-Taking Results in Lawsuit Against CCA, Settlement
- Tenth Circuit Rules Denial of Halal Diet May Violate RLUIPA, by Michael Brodheim
- Tenth Circuit Rules Oklahoma Prisoner Exhausted Administrative Remedies
- Eighth Circuit Upholds Denial of Qualified Immunity on Medical Claims Against CMS
- Florida Jail Offers Video Visits to Profiteer More From Prisoner Families
- ICE, CCA Settle ACLU Lawsuit Regarding Health Care for Immigration Detainees, by Derek Gilna
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- BOP Evidence-Handling “Grave Miscarriage of Justice”; Charges Dismissed by Federal Judge
- PLN Wins Partial Victory, Attorneys Fees in FOIA Video Tape Suit Against U.S. Attorneys’ Office, by Brandon Sample
- Ninth Circuit: PLRA Precludes Award of Attorney Fees Where Violation of Prisoner’s Rights is Not Affirmatively Established
- News In Brief:
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- Over $71,000 Awarded to Michigan Prisoner for Sexual Abuse by Guard, June 1, 2024. Staff-Prisoner Assault, Attorney Fee Awards, Damages.
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