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Ninth Circuit Holds Intermediate Scrutiny Applies in Challenges to Facially Discriminatory Prison Regulations
Loaded on Feb. 1, 2021
by Matthew Clarke
published in Prison Legal News
February, 2021, page 52
Filed under:
Discrimination,
Gender Discrimination -- Women,
Gender Discrimination -- Men.
Location:
California.
by Matt Clarke
On August 21, 2020, the U.S. Court of Appeals for the Ninth Circuit held that the proper standard of review to be applied to facially discriminatory prison regulations challenged as violating the 14th Amendment’s Equal Protection Clause is intermediate scrutiny, the standard previously applied to similar claims ...
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More from this issue:
- The Way Prisoners Flag Guard Abuse, Inadequate Health Care and Unsanitary Conditions Is Broken, by Shannon Heffernan
- Collateral Consequences of Mass Incarceration, by Edward Lyon
- New York Parole System Badly in Need of Repair, by Kevin Bliss
- From the Editor, by Paul Wright
- Pandemic Update: News on Vaccines and Prison and Jail Staffing, by Michael D. Cohen, MD
- Urgent Need for Vaccine Administration in Prisons, Jails and Detention Centers, by Maya Chaudhuri, Aaron Littman, Sharon Dolovich
- Almost 300,000 Fell Ill and 2,000 Died from COVID-19 in U.S. Jails, Prisons, by Derek Gilna
- California Loses Round in Legal Fight to Deny Parole Based on Gang Affiliation, by David Reutter
- Was Indiana Women’s Prison Willfully Ignorant About COVID-19 Numbers?, by Matthew Clarke
- How a Private Prison Company’s Defamation Suit Against One of Its Critics Backfired, by Madison Pauley
- After $625,000 Settlement, Oregon Deputy Charged in Assault of Prisoner, by Mark Wilson
- Pinellas County, Florida Sheriff’s Office Sued in Federal Court for Treatment of Transgender Prisoner, by Derek Gilna
- Federal Judge Slaps ICE, GEO Group Over “Abominable Performance” and Officials Who Lied During Testimony, by David Reutter
- No Summary Judgment on Oregon Prisoner’s Retaliatory Termination Claim, by Mark Wilson
- Minnesota State and Federal Prisoners COVID Case Surge Sparks ACLU Lawsuit, by Derek Gilna
- Missouri Prisoner Pleaded for Release Before Dying of COVID-19, by Daniel A. Rosen
- Ninth Circuit Finds California Prisoner’s Administrative Remedies Effectively Unavailable, by Mark Wilson
- Fourth Circuit Holds Prisoner’s Indefinite Period of Solitary Confinement at Virginia Supermax May Amount to Atypical and Significant Hardship, by Matthew Clarke
- Federal Educational Aid Restored for State and Federal Prisoners, by Dale Chappell
- Progress Made in Fight Against Prison Gerrymandering But Battle Continues, by Douglas Ankney
- COVID-19: What Texas Must Do to Save Prisoners’ Lives, by Edward Lyon
- Ninth Circuit Reverses Lower Court’s Dismissal of California Prisoner’s Religious Freedom Lawsuit, by Mark Wilson
- Minnesota Prison Guard Fired for Excessive Force After Brawl Linked to Floyd Protests, by Anthony Accurso
- New Details Emerge on Senseless Death in a Milwaukee, Wisconsin Jail, by Jayson Hawkins
- $1.1 Million Settlement in Kentucky Jail Sex Abuse Suit, by David Reutter
- Justice Department Report Documents Brooklyn Metropolitan Detention Center’s Poor Response to COVID-19 Crisis, by Kevin Bliss
- Global Tel*Link Hit with Sanctions For Discovery Violations in Georgia Prison Call Class Action, by Derek Gilna
- Federal Judge in Georgia Grants Class Action Status to Prisoners’ Suit Against Global Tel*Link
- Fourth Circuit: ADA Relief Claims Improperly Dismissed in Virginia, by Mark Wilson
- Private Prison Companies Face Stock Crash, Credit Crunch, by Matthew Clarke
- Former BOP Director Norman Carlson, Who Developed Supermax Model, Dies at 86, by Kevin Bliss
- Arizona Pays Prisoners Pennies on the Dollar to Fight Fires, All in the Name of Saving Money, by Dale Chappell
- Mellon Foundation to Provide $5.25 Million in Program to Distribute Books to Prisoners, by Douglas Ankney
- Experts Find “Deplorable” Conditions at Mississippi’s Parchman Prison, by David Reutter
- ICE Refused Help in Containing Coronavirus in New Mexico Detention Centers, by Kevin Bliss
- Troubled Ohio Jail Faces Two More Lawsuits, by Matthew Clarke
- Pennsylvania Correctional Emergency Response Teams Face New Scrutiny in “Noose” Controversy, by Derek Gilna
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- Overtime Payouts in California Prison System Approach $500 Million, by Daniel A. Rosen
- Florida State Prisons Scrub Key COVID Data From Website, Obscuring Magnitude of Inmate Deaths and Infections, by Laura Cassels
- Idaho Supreme Court Holds Prisoners Have No Right to Paid or Unpaid Employment, by Matthew Clarke
- Legislative Exemption Let Fired Alaska Cop Be Rehired as Jailer, by Edward Lyon
- Prisoners Paid $2 Per Hour to Move COVID-19 Corpses in El Paso, Texas, by Matthew Clarke
- NY Federal Court Denies Summary Judgment on Claims of Improper Medication Seizure, Evidence Fabrication, Improper Frisk During Prison Visit, by Matthew Clarke
- Minnesota Man Out of Prison After Being Exonerated of Murder, by Edward Lyon
- $4.65 Million Settlement for Florida Female Prisoner Left Quadriplegic After Brutal Beating by Guards, by David Reutter
- Federal Court Again Orders California DOC to Remedy Continuing ADA Violations, by Derek Gilna
- Decline in South Dakota State Prisoners Not Due to COVID, by Edward Lyon
- DOJ Report: Carceral Population Falls, 2017-2018, by Matthew Clarke
- COVID-19: The Politics of Prisoner Vaccination, by Kevin Bliss
- Sixth Circuit Affirms Tennessee DOC’s Hepatitis C Treatment Due to Lack of Funds, by David Reutter
- News in Brief
More from Matthew Clarke:
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- “Happy Mother’s Day”: $1,353,000 Settlement Approved for Migrant Parents Separated from Minor Kids at Border, March 1, 2025
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
More from these topics:
- Two-Week Lockdown at BOP Women’s Prison in Minnesota After Nine Overdoses, Two Deaths, Jan. 15, 2025. Gender Discrimination -- Women, Drug Overdose, Lockdowns, Medical Neglect/Malpractice.
- Why Aren’t Eligible Individuals Taking Advantage of Expungement Laws?, Dec. 15, 2024. Discrimination, Restrictions, discrimination, Expungement/Removal.
- California Changes Prisoner Property Policy After Suit Filed Alleging Gender Discrimination Against Men, Nov. 15, 2024. Gender Discrimination -- Men, Prisoner Property.
- Paternity Questions Dog Miami Jail Birth, Oct. 15, 2024. Staff-Prisoner Assault, Guard Misconduct, Gender Discrimination -- Women.
- One of Eight Prisoners Now Released is a Woman, Sept. 15, 2024. Gender Discrimination -- Women, Statistics/Trends.
- Report Details “Abuse-to-Prison Pipeline” for Young Women, Dec. 1, 2023. Gender Discrimination -- Women.
- Fourth Circuit Rebuffs Federal Prisoner’s Attempt to Expand Bivens in North Carolina, Nov. 15, 2023. Gender Discrimination -- Men, Medical, Fifth Amendment, Search and Seizure, Civil Rights Actions or Offenses/Bivens Actions.
- Louisiana Prison Guard Helps Pregnant Prisoner and Learns That No Good Deed Goes Unpunished, Oct. 15, 2023. Guard Misconduct, Gender Discrimination -- Women, OB/GYN.
- Menstruation Weaponized Against Women in Prison, Aug. 15, 2023. Gender Discrimination -- Women, Inadequate Health Care Facilities.
- Alabama County Ends Controversial Policy Using Women’s Pregnancies to Jail Them, March 1, 2023. Gender Discrimination -- Women, Adam Walsh Child Protection Safety Act, Drug Laws/Offenses.