Skip navigation

Search

2286 results
Page 101 of 115. « Previous | 1 2 3 4 ... 97 98 99 100 101 102 103 104 105 ... 111 112 113 114 115 | Next »

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, …
Do New York Shiite Prisoners Have a Right to Separate Services? by by Matthew T. Clarke The Second Circuit Court of Appeals has held that a district court improperly dismissed a suit by Shiite Muslim New York state prisoners seeking separate religious services from the Sunni Muslims. Thomas Pugh, Edward …
RFRA May Protect Federal Prisoners' Right to Cast Spells by RFRA May Protect Federal Prisoners' Right to Cast Spells The U.S. Court of Appeals for the Seventh Circuit (7th Circuit) has reinstated a federal prisoner's religious freedom lawsuit under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb-1. Kerry …
BOP Rule Denying Early Release Eligibility Violates APA by A federal court in Oregon held that Bureau of Prisons (BOP) drug treatment rules violate the Administrative Procedures Act (APA). "18 U.S.C. § 3621(b) directs the Bureau of Prisons (BOP) to provide substance abuse treatment to those prisoners who have a …
Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit by A California federal district court has declined to certify an order for interlocutory appeal because the factual and legal issues in this case are not complex and will not necessitate protracted and expensive litigation. Richard P. Loritz, II, …
Article • May 15, 2004 • from PLN May, 2004
Applicability of FTCA to BOP Causes Circuit Split by David Reutter Applicability of FTCA to BOP Causes Circuit Split by David M. Reutter Three recent federal circuit court rul-ings exhibit a dispute between the circuits as to whether the Federal Tort Claims Act (FTCA) applies to property claims against the …
Texas Monitors Prisoners for-Signs of Al-Qaeda Recruitment by by Matthew T. Clarke Fears of possible al-Qaeda recruitment among prisoners in U.S. prisons have led officials to take a fresh look at prisoners with a view to their possible recruitment by al-Qaeda. Texas has taken the process to an extreme, closely …
Article • May 15, 2004 • from PLN May, 2004
Ohio Native American Prisoner Granted Injunction to Grow Long Hair by David Reutter Ohio Native American Prisoner Granted Injunction to Grow Long Hair by David M. Reutter An Ohio federal district court has granted a prisoner at Ohio's Madison Correctional Institute (MCI) a preliminary injunction that allows him to grow …
Mandamus Available to Review Oregon Disciplinary Orders by The Oregon Court of Appeals held that prison disciplinary orders may be challenged in a mandamus action. The court also held that the trial court erred in imposing previously deferred filing fees. For many years, Oregon prisoners could challenge certain prison disciplinary …
Disabled Missouri Prisoner Awarded Backpay after Passing GED Test by The U.S. District Court for the Eastern District of Missouri found that a disabled prisoner was entitled to backpay because he was not reassigned to a premium pay job after he successfully passed the GED test. James Arlt Jr, a …
First Circuit Holds ADA Title II Abrogated State Sovereign Immunity by Bob Williams The First Circuit court of appeals has held that Title II of the Americans with Disability Act (ADA), as applied in this case, abrogates state sovereign immunity. There is now a 6-3 split in the circuits on …
Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process by Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process The Ninth Circuit Court of Appeals held that under Oregon law, state mental hospitals have a duty to accept mentally incapacitated criminal defendants for evaluation and treatment, once certified as mentally incapacitated by …
$108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E Dannenberg $108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals approved attorney fees/costs totaling $108,352 for litigation efforts in gaining injunctive relief under the Americans …
Mason v. State of Maine, ME, Second Amended Complaint, 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; JEFFREY D. MERRILL, individually; CAPTAIN RATCLIFF, individually; and SHEILA LORENZ, individually. Defendants * * …
Religious Garments May Be Worn During Prisoner Transport by Bob Williams By Bob Williams The United States District Court for the District of Colorado rejected a plea for qualified immunity by the Colorado Department of Corrections (CDOC) over their refusal to transport a Jewish prisoner while wearing religious Garments. Russell …
Article • December 15, 2003
Filed under: PLRA, Filing Fees (PLRA), RICO
PLRA Indigency Provision Inapplicable When Filing Fee Paid by The Eleventh Circuit Court of Appeals 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 • December 15, 2003
RFRA Still Applies to Federal Government by The Religious Freedom Restoration Act remains applicable to federal entities notwithstanding the decision in City of Boerne that its application to states exceeded Congress's remedial authority under section 5 of the Fourteenth Amendment. At 1219: "Of course, Congress uses its enumerated powers in …
BOP Proper Defendant in Work Release Change Suit under ADA by The plaintiffs are criminal defendants who received judicial recommendations that they serve their sentences in a community corrections center, but were denied such placement pursuant to the Department of Justice's abruptly announced change of policy barring it except for …
Page 101 of 115. « Previous | 1 2 3 4 ... 97 98 99 100 101 102 103 104 105 ... 111 112 113 114 115 | Next »