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Supreme Court Discusses § 501(c)(3) Tax Exempt Status by The United States Supreme Court held that a South Carolina nonprofit private school, which prescribed and enforced racially discriminatory admission standards on the basis of religious doctrine, did not qualify as a tax-exempt organization under 501(c)(3) of the Internal Revenue Code. …
Article • May 15, 2007
Publisher and Prisoner Entitled to Due Process by A federal court in Rhode Island noted that the Supreme Court established minimum due process rights in prison mail cases in Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800 (1974) holding that prisoners are entitled to "be notified of the rejection …
Prisoners Entitled To Court Access, Can't Be Forced To Work if Disabled by The 5th Circuit has held that prisoners have an actual right to litigate as do other supplicants and that petitioner who submitted a § 1983 lawsuit was entitled to pursue his cause of action even after the …
Article • May 15, 2007
Seclusion Order for Civil Detainees Cannot be for Punishment Unless Alternatives Fail by Seclusion Order for Civil Detainees Cannot be for Punishment Unless Alternatives Fail A Wisconsin Federal District Court held that a civilly committed sex offenders' security related seclusion placements did not violate the offenders' substantive due process rights, …
Article • May 15, 2007
Deliberate Indifference Survives Summary Judgment by The U.S. Southern District Court of Ohio determined a prisoner's claim of deliberate indifference should survive summary judgment. Morris Gulett, a white supremacist and pre-trial detainee, was housed in an eleven-man tank in the Montgomery County jail in Ohio. Each prisoner was confined to …
Article • May 15, 2007
Gender is not BFOQ for Georgia Deputy Sheriff Job by The Eleventh Circuit Court of Appeals held that gender is not a bona fide occupational qualification (BFOQ) for the job of Deputy Sheriff I at Atlanta's Fulton County Jail. After the Sheriff posted advertisements for the deputy sheriff positions, a …
$25,000 Settlement For Juvenile Attacked After Court Segregation Order Ignored by $25,000 Settlement For Juvenile Attacked After Court Segregation Order Ignored On July 9, 2004, the Los Angeles County Claims Board settled a civil rights complaint brought by a juvenile whose court order to house him singly in protective custody …
Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunityndants Get Qualified Immunity by Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunity On December 22, 2004, four former prisoners of the Washington Department Of Corrections (WDOC) brought suit in federal …
California Appellate Court Reinstates Murder Conviction For Dog Mauling Death by California Appellate Court Reinstates Murder Conviction For Dog Mauling Death In an unprecedented ruling, a divided California Court of Appeal (First Appellate District) reinstated the second degree murder conviction of Marjorie Knoller for the killing of a neighbor by …
Article • May 15, 2007
Florida Felon Disenfranchisement Found Constitutional by The United States District Court for the Southern District of Florida has ruled that a 135-year old state law that bans ex-felons from voting is not unconstitutional. Thomas Johnson, a former prisoner from New York now residing in Florida, filed a class action lawsuit …
Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity by Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity The U.S. Northern District Court of Texas determined that a private operator of a state prison was not entitled to 11th Amendment and sovereign immunity. Cynthia Proctor, …
Public Employee Granted Access to Information in Personnel File by In a §1983 action, an Oregon DOC guard brought suit alleging racial discrimination. A federal district court in Oregon held that a guard is entitled to information contained in his personnel file to pursue a discrimination suit against his employer. …
Retaliation for Prisoner's Political Views States §1983 Claim by Retaliation for Prisoner's Political Views States §1983 Claim New York state prisoner Stanley Sczerbaty filed a 42 U.S.C. §1983 claim alleging that prison officials punished him for his political views by removing him from college classes one week after he filed …
Article • May 15, 2007
Sex Offenders Can Be Excluded From Work Release Program by The U.S. Court of Appeals for the Eighth Circuit held that an Arkansas prisoner's Fourteenth Amendment rights to due process and equal protection were not violated by state officials' refusal to allow him to participate in a work/study program for …
Article • May 15, 2007
Florida Department of Corrections Ordered to Cease Racially Discriminatory Practices in Selected Reading Materiala by Florida Department of Corrections Ordered to Cease Racially Discriminatory Practices in Selected Reading Material Florida state prisoner Herman Jackson filed a 42 U.S.C. §1983 lawsuit against prison officials claiming that his rights under the First …
United States District Court Rules Alabama Department of Corrections Violates Prisoners' Fourteenth Amendment Rights with Its Segregation Policies by United States District Court Rules Alabama Department of Corrections Violates Prisoners' Fourteenth Amendment Rights with Its Segregation Policies Alabama state prisoner Robert McCray filed a §1983 suit against state prison officials …
Need for New Prosthesis is Serious Medical Need by A New Jersey federal district court held that the failure to provide a pretrial detainee with a prosthesis is deliberate indifference to a serious medical need. This action was filed by a pretrial detainee against officials at New Jersey's Cape May …
Montana Supreme Court Upholds State's Sex Offender Registration Act by The Montana Supreme Court held that the state's sex offender registration act could be applied retroactively and did not violate an offender's rights under the state or federal constitutions. In 1989 Montana enacted the Sexual Offender Registration Act, which required …
Immunity Granted to Sex Offenders in Treatment by The Wisconsin Supreme Court has held that Gary Tate was entitled to immunity for statements made during court-imposed sex offender treatment, and the revocation of his probation for refusing to make admissions to his crime without immunity was improper. Tate, 47, was …
Sex Offender Must Meet Stigma-Plus Test to Sue for Reputation Damage by The Eleventh Circuit Court of Appeals held that reputational damage alone is insufficient to constitute a protected liberty interest. This 42 U.S.C. § 1983 action was brought by a minor against nine employees of the Hale County Department …
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