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Collazo v. Pagano, No. 09-4650-pr (2nd Cir.) (656 F.3d 131) (September 2, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, In Forma Pauperis

Collazo v. Pagano, No. 09-4650-pr (2nd Cir.) (656 F.3d 131) (September 2, 2011) (Per Curiam) by In an appeal from a judgment of the district court revoking plaintiff-inmate's in forma pauperis status, 28 U.S.C. section 1915(g), and dismissing his Section 1983 complaint which alleged that he was improperly denied access …

Chavis v. Chappius, No. 07-2304-pr (2nd Cir.) (618 F.3d 162) (August 17, 2010) (Judge Guido Calabresi)

Article • October 1, 2010

Filed under: Punch And Jurists, Imminent Danger Exception

Chavis v. Chappius, No. 07-2304-pr (2nd Cir.) (618 F.3d 162) (August 17, 2010) (Judge Guido Calabresi) by A denial of plaintiff-inmate's motion to proceed in forma pauperis is vacated where: 1) a complaint and a subsequent appeal therefrom qualified as separate "strikes" if both are dismissed for reasons listed in …

Penry v. Lynaugh, No. 87-6177 (U.S. Supreme Court) (492 U.S. 302; 109 S.Ct. 2934) (June 26, 1989) (Justice O'Connor)

Article • September 5, 2005

Filed under: Punch And Jurists, Mental and Emotional Conditions/Distress/Claims

Penry v. Lynaugh, No. 87-6177 (U.S. Supreme Court) (492 U.S. 302; 109 S.Ct. 2934) (June 26, 1989) (Justice O'Connor) by In this case the Court established what has come to be known as the "Penry" claim, under which the Court held that it was error for the court to refuse …

O.K. v. Bush, No. CIV.A.04-CV-01136(JBD) (D.D.C.) (344 F.Supp.2d 44) (October 26, 2004) (Judge John D. Bates)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Mental and Emotional Conditions/Distress/Claims

O.K. v. Bush, No. CIV.A.04-CV-01136(JBD) (D.D.C.) (344 F.Supp.2d 44) (October 26, 2004) (Judge John D. Bates) by There are at least three good reasons to read this decision. First, even though Judge Bates was appointed to the bench by President Bush, and even though, as his decision reflects, he is …

Hadix v. Johnson, No. 03-1334 (6th Cir.) (367 F.3d 513) (May 6, 2004) (Judge Cornelia G. Kennedy)

Article • June 1, 2004 • from P&J June, 2004

Filed under: Punch And Jurists, Consent Decrees - Termination of

Hadix v. Johnson, No. 03-1334 (6th Cir.) (367 F.3d 513) (May 6, 2004) (Judge Cornelia G. Kennedy) by In plaintiff inmates' 42 U.S.C. § 1983 and Eighth Amendment action, defendant prison officials appealed an injunction issued by the United States District Court for the Western District of Michigan, arguing error …

Handschu v. Special Services Div., No. 71 Civ. 2203 (SCH) (S.D.N.Y.) (288 F.Supp.2d 411) (August 6, 2003) (Judge Charles S. Jr. Haight)

Article • January 1, 2004 • from P&J February, 2003

Filed under: Punch And Jurists, Consent Decrees - Termination of

Handschu v. Special Services Div., No. 71 Civ. 2203 (SCH) (S.D.N.Y.) (288 F.Supp.2d 411) (August 6, 2003) (Judge Charles S. Jr. Haight) by Plaintiffs, certified class, filed a class action against defendants, New York Police Department (NYPD) and its officials. The court granted the NYPD's motion to modify its guidelines …

Benjamin v. Fraser, No. 01-7533 (2nd Cir.) (343 F.3d 35) (September 2, 2003) (Judge Barrington D. Jr. Parker)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Consent Decrees - Termination of

Benjamin v. Fraser, No. 01-7533 (2nd Cir.) (343 F.3d 35) (September 2, 2003) (Judge Barrington D. Jr. Parker) by Back in 1975, pretrial inmates at 14 jails in New York City filed seven related class actions against the City and prison officials, alleging that they were being subjected to unconstitutional …

Lewis v. Gagne, No. 1:02-CV-129 (N.D.N.Y.) (281 F.Supp.2d 429) (August 20, 2003) (Judge David N. Hurd)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Prison Litigation Reform Act (PLRA)

Lewis v. Gagne, No. 1:02-CV-129 (N.D.N.Y.) (281 F.Supp.2d 429) (August 20, 2003) (Judge David N. Hurd) by Here, in a case of first impression, the Court held that juvenile delinquents detained by the State are covered by the Prison Litigation Reform Act, and thus must exhaust all administrative remedies before …

Para-Professional Law Clinic v. Beard, No. 02-2788 (3rd Cir.) (334 F.3d 301) (July 1, 2003) (Judge Maryanne Trump Barry)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Prison Litigation Reform Act (PLRA)

Para-Professional Law Clinic v. Beard, No. 02-2788 (3rd Cir.) (334 F.3d 301) (July 1, 2003) (Judge Maryanne Trump Barry) by The question before the Court is this case was whether to continue in effect an injunction that was ordered by Judge Lord in 1987 which permanently enjoined prison officials from …

Calhoun v. DeTella, No. 98-2894 (7th Cir.) (319 F.3d 936) (February 13, 2003) (Judge Ilana Diamond Rovner)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Mental and Emotional Conditions/Distress/Claims

Calhoun v. DeTella, No. 98-2894 (7th Cir.) (319 F.3d 936) (February 13, 2003) (Judge Ilana Diamond Rovner) by Here the Court held that, although 42 U.S.C. § 1997e(e) bars Federal civil actions by a prisoner for mental and emotional injuries suffered while in custody without a showing of some prior …

Handschu v. Special Services Division, No. 71 Civ. 2203 (S.D.N.Y.) (288 F.Supp.2d 404) (March 12, 2003) (Judge Charles S. Jr. Haight)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Consent Decrees - Termination of

Handschu v. Special Services Division, No. 71 Civ. 2203 (S.D.N.Y.) (288 F.Supp.2d 404) (March 12, 2003) (Judge Charles S. Jr. Haight) by Defendant New York City, New York, Police Department (NYPD) submitted for review its final proposed draft of guidelines to be included in the NYPD's patrol guide. Plaintiff class …

Handschu v. Special Services Division, No. 71 Civ. 2203 (CSH) (S.D.N.Y.) (273 F.Supp.2d 327) (February 11, 2003) (Judge Charles S. Jr. Haight)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Consent Decrees - Termination of

Handschu v. Special Services Division, No. 71 Civ. 2203 (CSH) (S.D.N.Y.) (273 F.Supp.2d 327) (February 11, 2003) (Judge Charles S. Jr. Haight) by Defendants, successor officials in charge of the New York City Police Department (NYPD), represented by the Corporation Counsel of the City of New York ("Corporation Counsel"), move …

Ruiz v. Johnson, No. CIV. A. H-78-987 (S.D.Tex.) (154 F.Supp.2d 975) (June 18, 2001) (William Wayne Justice)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Consent Decrees - Termination of

Ruiz v. Johnson, No. CIV. A. H-78-987 (S.D.Tex.) (154 F.Supp.2d 975) (June 18, 2001) (William Wayne Justice) by

U.S. v. Walter, No. 00-10384 (9th Cir.) (256 F.3d 891) (July 18, 2001) (Judge Donald P. Lay)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Mental and Emotional Conditions/Distress/Claims

U.S. v. Walter, No. 00-10384 (9th Cir.) (256 F.3d 891) (July 18, 2001) (Judge Donald P. Lay) by The defendant in this case believed that a friend, one Ronald Merrit, stole several hundred dollars from him. To get revenge, he sent a letter addressed to President Clinton signed with Merrit’s …

Ruiz v. U.S., No. 99-20228 (5th Cir.) (243 F.3d 941) (March 20, 2001) (Judge Carl E. Stewart)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Consent Decrees - Termination of

Ruiz v. U.S., No. 99-20228 (5th Cir.) (243 F.3d 941) (March 20, 2001) (Judge Carl E. Stewart) by Here the Court reversed Judge Justice's decision reported at 37 F.Supp.2d 855 holding that the termination provisions of the PLRA were unconstitutional because they violated the separation of powers and due process …

Abdul-Akbar v. McKelvie, No. 98-7307 (3rd Cir.) (239 F.3d 307) (January 29, 2001) (Judge Ruggero J. Aldisert)

Article • March 1, 2001 • from P&J March, 2001

Filed under: Punch And Jurists, Imminent Danger Exception

Abdul-Akbar v. McKelvie, No. 98-7307 (3rd Cir.) (239 F.3d 307) (January 29, 2001) (Judge Ruggero J. Aldisert) by As explained by the majority in this case: "The primary issue for decision is whether we should overrule the holding of Gibbs v. Roman, 116 F.3d 83 (3d Cir. 1997), interpreting 28 …

Miller v. French, No. 94-224 (U.S. Supreme Court) (530 U.S. 327; 120 S.Ct. 2246) (June 19, 2000) (Justice O'Connor)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Consent Decrees - Termination of

Miller v. French, No. 94-224 (U.S. Supreme Court) (530 U.S. 327; 120 S.Ct. 2246) (June 19, 2000) (Justice O'Connor) by In this 5 to 4 decision, the Supreme Court ruled that a controversial provision of the Prison Litigation Reform Act (PLRA) that automatically suspends certain court orders governing conditions in …

Taylor v. U.S., No. 97-16069 (9th Cir.) (181 F.3d 1017) (June 18, 1999) (Judge Pamela Ann Rymer)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Consent Decrees - Termination of

Taylor v. U.S., No. 97-16069 (9th Cir.) (181 F.3d 1017) (June 18, 1999) (Judge Pamela Ann Rymer) by In this lengthy review of the provisions of the PLRA which allow termination of consent decrees, a divided en banc court ultimately held that the motion to terminate was "moot", thus vacating …

Ruiz v. Johnson, No. 98-20233 (5th Cir.) (178 F.3d 385) (June 25, 1999) (Judge E. Grady Jolly)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Consent Decrees - Termination of

Ruiz v. Johnson, No. 98-20233 (5th Cir.) (178 F.3d 385) (June 25, 1999) (Judge E. Grady Jolly) by In the 6/20/99 issue of P&J, we noted as our leading case Judge Justice's chilling 228-page decision in Ruiz v. Johnson, 37 F.Supp.2d 855 (S.D.Tex. 1999) (Ruiz I). That decision represented his …

Hadix v. Johnson, No. 80-73581 (E.D.Mich.) (45 F.Supp.2d 584) (March 18, 1999) (Judge John Feikens)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Consent Decrees - Termination of

Hadix v. Johnson, No. 80-73581 (E.D.Mich.) (45 F.Supp.2d 584) (March 18, 1999) (Judge John Feikens) by On remand from the decision reported at 133 F.3d 940, the court held that effective compliance with a long-standing consent decree had been achieved, thus effectively concluding this prolonged litigation.