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NO FTCA or IIED Claims Stated in Oregon Testicular Radiation Case by The Ninth Circuit Court of Appeals held that a prisoner who voluntarily participated in testicular radiation experiments while in prison did not establish a Federal Tort Claims Act (FTCA) violation. The court also held that the prisoner did …
Article • March 15, 2005 • from PLN March, 2005
Fourth Circuit Reinstates Federal Prisoner's FTCA Claim by In an unpublished decision involving a prisoner's lawsuit under the Federal Tort Claims Act (FTCA), the U.S. Fourth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of the prisoner's claim. Dwayne Manning, a federal prisoner, alleged …
Brief • February 24, 2005
Cordero v DOC, CA, Complaint, medical care denial ADA, 2005 Case 1:05-cv-00268-0WW-DLB 1 2 3 Document 1 Filed 02/24/2005 Page 1 of 29 JAMES S. MULLER, ESQ. SBN#126071 3435 WILSHIRE BOULEVARD SUITE 2900 LOS ANGELES, CA 90010 (213) 381-3299 4 5 6 7 MARGARET WILSON, ESQ. SBN#123766 3435 WILSHIRE BOULEVARD …
Article • February 15, 2005 • from PLN February, 2005
Iowa Must Give Kosher Meals to Civilly Committed Sex Offender by John E Dannenberg Iowa Must Give Kosher Meals To Civilly Committed Sex Offender by John E. Dannenberg The United States District Court (S.D. Iowa) ordered that Kosher meals be provided without co-payment to an Orthodox Jewish prisoner who is …
PAMII Requires Records Release in Connecticut Prisoners' Deaths by A Connecticut federal district court held that the State of Connecticut Office of Protection and Advocacy for Persons with Disabilities (Connecticut P&A), a state agency designated by Connecticut's Governor to provide protection and advocacy services to individuals with disabilities, including persons …
Bailey v. MN DOC, MN, Plf Post-Trial Reply Memo, ASL interpreter sex offender treatment disabled prisoner, 2004
Bailey v. MN DOC, MN, Def Post-Trial Memo, ASL interpreter sex offender treatment disabled prisoner, 2004
Bailey v. MN DOC, MN, Plf Post-Trial Memo, ASL interpreter sex offender treatment disabled prisoner, 2004
Article • November 15, 2004 • from PLN November, 2004
Challenge To Washington Felon Disenfranchisement Scheme Remanded For Racial Bias Test by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the broader "totality of the circumstances" standard must be used rather than just a narrower statistical burden when testing for racial bias …
Class Action Challenges Treatment of Florida's "Sexual Predator" Civil Detainees by David Reutter by David M. Reutter A federal class action has been filed in the Federal District Court in Ft. Myers by eight residents of the Florida Civil Commitment Center (FCCC), seeking to enforce their rights to mental health …
U.S. Supreme Court: ADA Title II Implicates Due Process Right of Physical Access To The Courts by John E Dannenberg by John E. Dannenberg The U.S. Supreme Court held that Title II of the Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. § 12132, which guarantees disabled individuals access …
FTCA Claims for Sentence Miscalculation Accrues Upon Reversal; Statute of Limitations Tolled by The Ninth Circuit Court of Appeals has held that a civil action under the Federal Tort Claims Act (FICA) for negligently calculating a federal prisoner's release date, or otherwise wrongfully imprisoning the prisoner, does not accrue until …
Mason v. State of Maine, ME, Motion for Summary Judgement, Disability Discrimination, 2004 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE DAVID A. MASON AND PHILLIP M. NAPIER Plaintiffs, v. STATE OF MAINE, DEPARTMENT OF CORRECTIONS et. al. Defendants * * * * * CIVIL ACTION NO. 1:03-cv-199 * …
Article • August 15, 2004 • from PLN August, 2004
Filed under: PLRA, Filing Fees (PLRA), RICO
PLRA Indigency Provision Inapplicable When Filing Fee Paid by The Eleventh Circuit Court of Ap-peals held the In Forma Pauperis (IFP) provision of the Prison Litigation Reform Act (PLRA) cannot be used to dismiss a case when the plaintiff pays the filing fee. Thomas R. Farese, a federal prisoner, filed …
Article • August 15, 2004 • from PLN August, 2004
Mentally Ill Texas Prisoner Not Entitled to Hepatitis Treatment by Mentally Ill Texas Prisoner Not Entitled To Hepatitis Treatment In this unpublished decision by a three judge panel, the U.S. Fifth Circuit Court of Appeals held on March 19, 2004, that the failure of Texas prison officials to treat a …
Doe v. Balaam, NV, Strip Search Suit Complaint, 2004 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 1 of 19 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 2 of 19 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 3 of 19 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 4 of 19 Case …
Article • July 15, 2004 • from PLN July, 2004
Michigan Supreme Court Allows Seizure of Prisoner's Pension Despite ERISA by by Matthew T. Clarke The Supreme Court of Michigan (SCM) upheld a court's ordering a prisoner to have his pension benefits deposited in his prisoner account so that the state can seize a large portion of it to reimburse …
Article • June 15, 2004 • from PLN June, 2004
Suits in Michigan and New Jersey Seek to Force HCV Treatment by A groundswell of prisoner litigation is taking aim at states to force them to comprehensively and meaningfully address HCV in prison. These suits, often brought as class actions, seek to mandate a protocol for HCV detection and treatment …
Article • June 15, 2004 • from PLN June, 2004
Actual Damages Required to Maintain Suit Under Federal Privacy Act by Actual Damages Required to Maintain Suit Under Federal Privacy Act The United States Supreme Court recently held that a showing of actual damages is required in order to maintain a civil action brought under the Privacy Act of 1974. …
Article • June 15, 2004 • from PLN June, 2004
Jury Awards Maryland Prison Guard $1.6 Million for Discrimination by Michael Rigby In July 2003, a federal jury in Maryland awarded a former prison guard $1.6 million for the discrimination and hostile work environment he endured while on the job at a Maryland prison. Mathen Chacko, a native of India, …
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