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Articles by Lonnie Burton

Federal Court Sends Case Regarding Wrongful Job Termination Based on Felony Convictions to N.Y. State Court with Certified Questions

On August 30, 2016, the Second Circuit United States Court of Appeals certified three questions to the New York State Court of Appeals to help them resolve a case where two former felons brought a wrongful termination action after they were fired when their employer discovered they were convicted felons. ...

Federal Court Rejects Prison Doctor's "Expert" Testimony

A U.S. District Court judge in Arizona has rejected nearly all of the proffered testimony of a doctor that prison officials had claimed was an "expert" on the issues of "the unique challenges of providing health care" in a correctional setting" and whether prison medical staff was "deliberately indifferent" to ...

Federal Court Orders Release of Prisoner from S.H.U.; Ninth Circuit Reverses

Robert Lee Griffin has been in prison since 1970. In 1979 he was validated as a member of the Aryan Brotherhood ("AB") and placed in the Secure Housing Unit (SHU) at Pelican Bay State Prison in California. After publicly renouncing his AB membership, Griffin sued for, and won, a court ...

Fact of Incarceration May Be Used Against Father in Maine Parental Rights Termination Proceeding

The Maine Supreme Judicial Court ruled on August 30, 2016, that a parent's incarceration may be used as a factor by a court in parental rights termination cases. The ruling affirmed a lower court's order stripping a father of his rights to his three-year-old son.

Alijah K. was born in ...

Eleventh Circuit Affirms Dismissal of Pretrial Detainee's Lawsuit for Unsanitary Conditions, Due Process Violations

On August 29, 2016, a three-judge panel of the Eleventh CircA.t U.S. Court of Appeals upheld an order of a federal district court in Alabama which dismissed the lawsuit of a pretrial detainee who had sued after being forced to endure unsanitary conditions, and for due process violations at a ...

Eighth Circuit Finds No Constitutional Right to Communicate in Chinese

On August 15, 2016, the Eighth Circuit U.S. Court of Appeals upheld the dismissal of a case filed by a Chinese-born Missouri state prisoner who had his mail to and from China repeatedly rejected by prison officials.

Richard Yang – a Chinese-born prisoner incarcerated in the state of Missouri – ...

District Court Dismissal of False Arrest Suit Reversed

A suit by a black Canadian woman who was twice arrested upon her entry into the United States may proceed to trial, said a panel of judges of the Ninth Circuit Court of Appeals. That decision reversed a ruling by the lower court dismissing her entire complaint.

The case began ...

California Court Affirms Award of Attorney's Fees to Watchdog Group; Remands Case to Determine if Sanctions Appropriate

On June 7, 2016, the California Court of Appeal, Fourth Appellate District, Division One affirmed the award of attorney's fees to a state watchdog organization after they prevailed in a public records request - action, but remanded the case back to the trial court to determine if the group should ...

CA: Home School District of Incarcerated Youth with Disabilities Required to Pay for Their Education

The California Supreme Court has ruled that the home school district of an incarcerated youth in need of special education services is obliged to bear the cost of that student's education while he is locked up in a county jail.

California law entitles an individual with a disability who is ...

Bureau of Prisons Pays $145,000 to Settle Handicap Discrimination Lawsuit

The Federal Bureau of Prisons (BOP), through the United States Attorney General's Office, agreed to pay a total of $145,000 to settle a 1998 lawsuit brought by a BOP employee who alleged she was discriminated against on the basis of her disability. The settlement amount represented $90,000 in compensation and ...