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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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- Idaho DOC Director Denies Verified Report of Rampant Sexual Abuse of Women Prisoners by Staff, May 1, 2026. Staff-Prisoner Assault, Guard Misconduct, DOC/BOP misconduct, Retaliatory Segregation, Prison Rape Elimination Act.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Negligence, Lack of Training at Ohio’s Cuyahoga County Jail Led to String of Deaths, May 1, 2026. Systemic Medical Neglect, Drug Overdose, Jail Specific, Failure to Train/Supervise, Medical Neglect/Malpractice.
- Nevada Non-Profit Founder Under Investigation for Misconduct, May 1, 2026. Staff-Prisoner Assault, Staff-Prisoner Harassment, Contractor Misconduct, Complaints, Restrictions, discrimination.
- $750,000 Paid by NaphCare for New York Jail Suicide, May 1, 2026. Naphcare, Jail Specific, Medical Neglect/Malpractice, Suicides, Cruel and Unusual Punishment.
- Arrests of Unhoused People Driving Albuquerque Jail Bookings, May 1, 2026. Government Misconduct, Statistics/Trends, Jail Specific, housing, Prior Conviction/Sentence/Incarceration.
- Idaho Struggles to Respond to Devasting Report of Widespread Prisoner Sex Abuse, April 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Prison Rape Elimination Act, State Legislation, Public Records Act.
- In Texas, Harris County Commissioners Approve $1.2 Million for Fourth Study of Jail Since 2020 After Dozens of Abuse Allegations, April 1, 2026. Contractor Misconduct, Systemic Medical Neglect, Jail Specific, Medical Neglect/Malpractice, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Judge Orders Rikers Manager Must Fix Jail in Seven Years Or Less, April 1, 2026. Prison Reform, Totality of Conditions, Jail Specific, Contempt (Civil Procedure), Consent Decrees.

