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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 …
Mothers in Prison Losing All Parental Rights by Ann Farmer Dial up Michelle Spruill and her gentle voice recording tells you that "if you ever need a helping hand, you can find one at this number." On her other line she signs off, "God loves you and so do I." …
Inmate Compensation Program Applies to Federal Pretrial Detainees by Inmate Compensation Program Applies to Federal Pretrial Detainees, Is Exclusive Remedy for Work-Related Injury The Seventh Circuit Court of Appeals held that the Inmate Compensation Program (ICP) at 18 U.S.C. § 4126(c) applies to pretrial federal detainees. Leo Paschal was a …
Receipt of Federal Funds Waives Eleventh Amendment Immunity for Rehabilitation Act by The U.S. Third Circuit Court of Appeals has affirmed in part and reversed in part a Pennsylvania Federal District Court's grant of summary judgment to state defendants in a prison employee's claim involving the Rehabilitation Act (RA) and …
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