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Jail Not a Dwelling Under Federal Housing Act
Loaded on Feb. 15, 2002
published in Prison Legal News
February, 2002, page 18
A federal district court in New Mexico ruled that a city jail is not a dwelling for purposes of the Fair Housing Act (FHA) and granted defendants' motion for dismissal of plaintiff's claim of sexual discrimination in the provision of housing.
Filed under:
Staff-Prisoner Assault,
Gender Discrimination -- Women,
Jail Specific,
Federal Statutory Law,
Federal Housing Act.
Location:
New Mexico.
In June 1998, plaintiff Soma Garcia was confined in …
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More from this issue:
- You're in the Hole: A Crackdown on Dissident Prisoners, by Anne-Marie Cusac
- From the Editor, by Paul Wright
- California Prison Guards Protected in Criminal Investigation
- Mental Health Treatment in State Prisons Falls Short
- Oregon Court of Appeals Vacates IFP Decisions
- Pro Se Tips and Tactics, by John Midgley
- $3.54 Million Paid For Falsely Imprisoning Unconvicted Mentally-Incapacitated California Man For Two Years In New York, by John E Dannenberg
- CCA Settles New Mexico "Failure To Protect" Suit For $41,885
- Colorado Sovereign Immunity from Prisoner Suits Upheld; Medical Claim Remanded
- PLN Sues Utah Jail Over Publication Ban; Jail Settles
- Washington Department of Corrections' Address Requirement Illegal
- Conditions of Confinement: Washington State Prisoner Sues Over Twelve Harsh Days in Strip Cell, by Silja JA Talvi
- PLN Sues Washington DOC Over Mail Censorship - Again
- Minnesota Cost-of-Confinement Surcharge Upheld
- Jail Not a Dwelling Under Federal Housing Act
- $2.2 Million Award for New Mexico Prison Bug Spray Injuries
- Denial of Habeas Corpus Parole Challenge Reversed
- Parole Revoked for Refusing Medication
- Vague Confidential Information and Gang Allegations Held Insufficient to Justify Close Custody Ruling, by John E Dannenberg
- PLRA Constitutional, Most of Ruiz Relief Terminated in Texas Suit
- Section 1983 Civil Rights Claims Not Barred by Kansas Tort Remedies
- Second and Sixth Circuits Uphold Validity of PLRA's Taxation of Costs
- Los Angeles Sheriff's Over-Detention Policy Renders County Liable Under 42 U.S.C. Section 1983, by John E Dannenberg
- Order for Attorney Not to Contact Class Members Void
- No Qualified Immunity for Shackling Prisoner to Hospital Bed
- Qualified Immunity Granted at Summary Judgment Stage in Prison Shooting Suit, by John E Dannenberg
- Balisok Bars Privacy Act Claim
- Indiana Creates Liberty Interest in Good Time Credits
- News in Brief
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- GAO Report Finds Rampant Sexual Abuse in Federal Prisons, Most Cases Unresolved, Aug. 1, 2026. Staff-Prisoner Assault, Prisoner-Prisoner Assault, DOC/BOP misconduct, Corrections Audits, Prison Rape Elimination Act.
- Report Shows Pattern of Sexual Assaults in Santa Clara County Jail, Aug. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Corrections Audits, Failure to Protect (General).
- New York Closes Rikers Infirmary as Broader Jail Shutdown Plan Stalls, Aug. 1, 2026. Prison Reform, Overcrowding, Jail Specific, Inadequate Health Care Facilities, Reduction of Prison Population.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Aug. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- New Jersey Lawmakers Pass “Female Incarcerated Person’s Rights Protection Act”, July 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Prison Rape Elimination Act, Staff Training, Mothers in Prison.
- Multiple Detainees Escape from Dilapidated North Carolina Jail, July 1, 2026. Guard Misconduct, Failure to Protect (General), Overcrowding, Staffing, Jail Specific, Security Systems, Criminal Justice, Prison Conditions.
- Federal Jury Awards $2,500 to Male Wisconsin Prisoner Sexually Assaulted by Female Guard, June 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Evidence, Prison Rape Elimination Act, Cruel and Unusual Punishment.
- Dallas County Jail Deaths, Many Preventable, Dramatically Increase Under Sheriff Marian Brown, June 1, 2026. Systemic Medical Neglect, Failure to Treat, Jail Specific, Medical Neglect/Malpractice, Deliberate Indifference.
- Number of Prisoners Awaiting Transfer from Jail Surging in Indiana, June 1, 2026. Transfers, Statistics/Trends, Cost of Prison Systems, Overcrowding, Jail Specific.

