Riley v. Kurtz.

U.S. Appeals Court

DAMAGES

Riley v. Kurtz, 361 F.3d 906 (6th Cir. 2004). A prisoner brought an action against a corrections officer, 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 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)