Litigation

The Prison Litigation Reform Act (PLRA) is the 1996 federal law, which governs how an individual in prison can bring forth constitutional violations within the federal court system. It imposes a number of obstacles specifically designed to reduce the amount of federal litigation coming from prisoners. One of these obstacles is the “three strikes” rule,...

UPDATE: The Eighth Circuit reversed the district court and held that Marcus Mitchell’s case can proceed. It made clear shooting an unarmed Mr. Mitchell in the face with a lead-filled bean-bag round as he was peacefully praying could be a Fourth Amendment violation. It said that Morton County could be liable for that Fourth Amendment...

In Lozman v. City of Riviera Beach, the MacArthur Justice Center stood up for the rights of protesters in an amicus brief, showing that the mere existence of probably cause does not justify an arrest in retaliation for speech. The U.S. Supreme Court agreed, holding 8-1 that at least in some circumstances, probable cause does not excuse a retaliatory arrest.

UPDATE: The MacArthur Justice Center secured a major victory in the California Court of Appeal. The court vacated four convictions in a double homicide case and remanded for a new trial, concluding that the prosecution violated Batson when it struck Crishala Reed from the jury pool. This victory should send a message to prosecutors everywhere: Targeting someone...

Prior to being incarcerated, Mr. Sanders was diagnosed with schizoaffective disorder. In prison, he was designated Seriously Mentally Ill. Nevertheless, for nearly ten years, Mr. Sanders was held in solitary confinement. As a result, his mental health deteriorated, he self-mutilated, and he attempted suicide. In 2016, Mr. Sanders filed a pro se lawsuit in which...

Mr. Finley suffers from severe mental illness, which compels him to swallow razor blades and engage in other acts of self-harm. After he swallowed—but did not pass—a razor blade, prison officials subjected him to solitary confinement, apparently because the blade lodged in his esophagus constituted dangerous contraband. A prison psychiatrist informed corrections personnel that solitary...

Following an order from then-Governor Nikki Haley, Mr. Williamson was transferred from general population in a county jail to solitary confinement in a South Carolina prison after he engaged in misconduct while awaiting trial. Mr. Williamson was not provided notice or a hearing prior to the transfer and was not provided process during the three...

UPDATE: The MacArthur Justice Center secured an important victory in the Fifth Circuit. The court held that the sores that Mr. Buchanan developed on his residual limb satisfy the Prison Litigation Reform Act’s “physical injury” requirement. And it found that Mr. Buchanan can move forward with his lawsuit alleging that the Harris County Jail put...

Mr. Wallace, who suffers from mental illness, has been in solitary confinement since 2006. Mr. Wallace sued, charging that his solitary confinement and the process accompanying its imposition violated the constitution. The district court dismissed the case after concluding that Mr. Wallace was not under imminent danger of serious physical injury and, accordingly, could not...