Riley v. Kurtz.U.S. Appeals Court PREVAILING PARTY The litigant who successfully brings or defends an action and, as a result, receives a favorable judgment or verdict. prevailing party n. the winner in a lawsuit. PLRA PLRA Partido Liberal Radical Autentico (Paraguay) PLRA Prison Litigation Reform Act of 1995 -- Prison Litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. Reform Act Riley v. Kurtz, 361 F.3d 906 (6th Cir. 2004). A prisoner brought an action against a corrections officer The examples and perspective in this article or section may not represent a worldwide view of the subject. Please [ improve this article] or discuss the issue on the talk page. , alleging that his legal mail was opened by the officer outside of the prisoner's presence, in violation of both prison policy and his First Amendment rights. The prisonern also alleged that the officer wrote a false misconduct report against him, in violation of the Eighth Amendment. A jury entered a verdict in favor of the prisoner, the district court awarded attorney fees and the officer appealed. The appeals court reversed in part and ordered remittitur to reduce a punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. award. On remand, the district court entered an amended judgment and awarded attorney fees. The officer appealed, challenging the attorney fees awards. The appeals court affirmed in part and reversed in part. The appeals court held that the prisoner was the prevailing party within the meaning of [section] 1988 and the prisoner, who prevailed on appeal, was entitled to attorney fees for the appellate work under the Prison Litigation Reform Act (PLRA). The court found that the limitation provisions of PLRA did not violate equal protection. (Michigan) |
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