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Article • July 15, 2022 • from PLN July, 2022
The Impact of Criminalizing Abortion on Prisoners and Mass Incarceration by Paul Wright by Paul Wright Over the course of its 233-year history, the United States Supreme Court (SCOTUS) has reversed its prior decisions on occasion. Until now those reversals have generally been to expand constitutional rights for the populace, …
Article • September 1, 2021 • from PLN September, 2021
Filed under: HIV/AIDS, Privacy Act
Fourth Circuit: No Privacy Expectation Exists for Prisoner in Diagnosis and Treatment of HIV by David Reutter by David M. Reutter The Fourth Circuit Court of Appeals held that a prisoner does not have a “reasonable expectation of privacy” in his HIV status while in a prison medical unit. The …
Article • April 25, 2018
Ninth Circuit Reinstates Lawsuit Over Snitch Jacketing by Matthew Clarke by Matthew Clarke On October 24, 2107, the Ninth Circuit Court of Appeals reinstated a lawsuit brought by a federal prisoner who complained that prison authorities were deliberately indifferent to her safety and violated the Privacy Act, 5 U.S.C. § …
Brief • April 12, 2018
Filed under: Privacy Act
Romero et al. v. Securus Technologies Inc., class certification, order, 2018 Case 3:16-cv-01283-JM-MDD Document 93 Filed 04/12/18 PageID.3795 Page 1 of 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 JUAN ROMERO, FRANK TISCARENO, …
Article • December 13, 2017
WA: Jail Phone Conversations Not Private, May Be Used By Prosecutors by On July 25, 2016, the Washington State Court of Appeals,  Division One, held that neither a prisoner or the person on the other end of the phone have an expectation of privacy in a jail phone call and …
Oregon Victim Must Allow In Camera Inspection of Computer by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that an alleged rape victim was required to turn over her computer for in camera inspection of her internet searches. That is, a criminal defendant's right to access "important …
Exonerated Ohio Prisoner’s Claim for Improperly Released Medical Record to Proceed by An Ohio Court of Appeals held a trial court improperly granted summary judgment to the Ohio Department of Rehabilitation and Correction (ODRC) in a lawsuit claiming invasion of privacy, and intentional infliction of emotional distress. The suit was …
Video Visitation Companies Try to Stop In-Person Visitation at Texas Jails by Matthew Clarke In one of the latest attempts to squeeze money out of those least able to afford it, companies that specialize in providing phone and video visitation services to prisoners in Texas jails on a local monopolistic …
Article • September 2, 2016 • from PLN September, 2016
Securus Settles Lawsuit Alleging Improper Recording of Privileged Prisoner Calls by by Jordan Smith, The Intercept Attorneys and advocates for people incarcerated in local jails in Austin, Texas have settled a federal lawsuit against telecommunications company Securus Technologies, with an agreement ostensibly designed to ensure that privileged legal communications between defense …
Publication • September 1, 2016
The CalGang Criminal Intelligence System, CA State Auditor, 2015 August 2016 The CalGang Criminal Intelligence System As the Result of Its Weak Oversight Structure, It Contains Questionable Information That May Violate Individuals’ Privacy Rights Report 2015-130 COMMITMENT INTEGRITY LEADERSHIP The first five copies of each California State Auditor report are …
Semelbauer v. Muskegon County, MI, Complaint, 2014 Case 1:14-cv-01245 Doc #1 Filed 12/04/14 Page 1 of 42 Page ID#1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHELLE SEMELBAUER, PAULETTE BOSCH, DENISE VOS, CRISA BROWN, LATRECE BAKER, TAMMY SPEERS, LONDORA KITCHENS, and STASHIA COLLINS, …
Article • May 15, 2013
9th Circuit Reverses District Court Dismissal of FISA and ECPA Complaints by Derek Gilna In a case by private citizens seeking judicial redress for injuries stemming from the government's interception of domestic telephone and internet communications, the 9th Circuit has reversed a district court dismissal of lead plaintiff Carolyn Jewel's …
Article • April 15, 2013
Supermax Prisoner Denied FOIA and Privacy Requests by 10th Circuit by Derek Gilna Mark Jordan, a prisoner at the United States Penitentiary Administrative Maximum Facility (ADX), in Florence, Colorado, has been denied relief under the Freedom of Information Act (FOIA), 5 U.S.C. Section 552, and the Privacy Act (PA), 5 …
Article • May 15, 2012
Army Scientist Paid $5.8 Million to Settle Anthrax Accusations Defamation Suit by In 2002, then-Attorney General John Ashcroft called Army scientist Steven Hatfill a "person of interest" in a deadly 2001 anthrax mailing case. Six years later, the United States Department of Justice (DOJ) paid Hatfill $5.8 million to settle …
BOP Staff at FMC Lexington Recover Monetary Damages and Attorney Fees for Privacy Act Violations by Derek Gilna In a lengthy decision, the Court of Appeals for the Sixth Circuit held that approximately 100 employees of the Bureau of Prisons (BOP) could recover damages under the Federal Tort Claims Act …
Article • November 15, 2011
D.C. Appeals Court Dismisses Prisoners' Privacy Claims in Photograph Retention Suit by Derek Gilna Derek Gilna The U.S. Court of Appeals for the District of Columbia turned aside an appeal by Keith Maydak, Ambrose Mitchell, Paul Lee, and Gregory Smith, who were federal prisoners, alleging violations by the Bureau of …
Article • September 15, 2011
Prisoners Must Resort to Habeas First before Settling Relief under the Privacy Act when Attacking a Prison Disciplinary Conviction that Involves the Loss of Good Time by Federal prisoners may not seek monetary damages via the Privacy Act when the requested relief, if granted, would necessarily imply the invalidity of …
Brief • March 20, 2009
Gilman v. Ramsey County, MN, Motion, Privacy Public Records Disclosure, 2009 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA THIRD DIVISION __________________________________________________________________ Elizabeth Raasch-Gilman, Case No. 09 CV 594 ADM/JJG Plaintiff, PLAINTIFF’S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO REMAND FOR LACK OF SUBJECT MATTER Ramsey County, JURISDICTION, TO CERTIFY …
Article • August 15, 2008
Attorney Fees Recoverable in Privacy Act Cases With No Actual Damages by On January 24, 2006, the Fourth Circuit Court of Appeals held that a plaintiff who prevailed in an action seeking damages under the Privacy Act, 5 U.S.C. § 522a(b), but did not prove any actual damages, could nonetheless …
Article • January 15, 2008
Prisoner Cannot Sue BOP Under Privacy Act by Gabriel Scaff-Martinez, a federal prisoner, filed suit against the United States Bureau of Prisons (BOP) pursuant to the Privacy Act, 5 U.S.C. § 552a(d), (e)(5) and (g), alleging that the BOP had failed to maintain accurate records, expunge false information from his …
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