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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 …
Article • September 15, 2003 • from PLN September, 2003
Ninth Circuit Affirms Constitutionality of RLUIPA by by John E. Dannenberg In a case of first impression, the Ninth Circuit U.S. Court of Appeals affirmed a district court ruling that the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) (42 U.S.C. § 2000 cc et seq.) passes constitutional …
Military Prisoners Cannot Sue Over Conditions of Confinement by In a landmark decision, the United States Tenth Circuit Court of Appeals, affirming the United States District Court of Kansas, has held that a military prisoner cannot sue over conditions of confinement in a military prison, even if the prisoner is …
Tennessee Prisoner Awarded $242,500 in CCA Medical Neglect Suit by On December 3, 2002, a U.S. district court issued a $400,000 judgment against Corrections Corporation of America for violating the rights of Wesley Taylor, a prisoner at the South Central Correctional facility in Tennessee. After hearing Taylor's §1983 federal civil …
Article • August 15, 2003 • from PLN August, 2003
$178,294 Awarded in BOP Malpractice Suit by The United States District Court for the Middle District of Pennsylvania has awarded a federal prisoner $178,294, including $150,000 for pain and suffering, due to medical malpractice by doctors working for the U.S. Bureau of Prisons (BOP). Jeffrey Berman is an ileostomy patient, …
News in Brief by California: On May 2, 2003, Gary Culverson, 25, and Van Kopp, 37, were arrested on charges that they assaulted Casey Humphrey, 18, a prisoner at the Monroe Detention Center in Yolo County. Culverson and Kopp were employed as guards at the jail's intake area but the …
Article • July 15, 2003 • from PLN July, 2003
Arkansas Prison Must Pay for Kosher Meals by Arkansas Prison Must Pay For Kosher Meals The Eighth Circuit Court of Appeals has affirmed an order of the United States District Court for the Eastern District of Arkansas ordering the Arkansas Department of Corrections (ADC) to provide a Jewish prisoner with …
Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals upheld a December 1999 district court decision (USDC, N.D. Calif.) granting injunctive relief to the class of all California state prisoners and parolees having …
Ohio Federal District Court Finds RLUIPA Constitutional by In a case of first impression in the Sixth U.S. Circuit, the Federal District Court for the Southern District of Ohio has refused to dismiss Ohio prisoners' religious rights claims based on the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 …
Retaliatory Prisoner Transfer for Exercising First Amendment Rights is "Adverse Determination" Under the Privacy Act by Bob Williams Retaliatory Prisoner Transfer for Exercising First Amendment Rights is "Adverse Determination" Under the Privacy Act by Bob Williams The Court of Appeals for the DC Circuit has held that the reclassification and …
Article • June 15, 2003 • from PLN June, 2003
Washington DOC Settles ADA Suit for $8,000 by Roger Smith In July 2002, Washington State Department of Corrections (DOC) officials agreed to pay Roger Smith and his disabled wife Laurie $8,000 to settle their lawsuit under 42 U.S.C. § 12132 et seq, Title II of the Americans With Disabilities Act …
Seventh Circuit Vacates $1.8 Million Award in BOP Suicide by by Mathew T. Clarke The Seventh Circuit Court of Appeals has reversed a case in which the survivors of a federal prisoner who committed suicide in jail received a $1.8 million award, rendering judgment in the government's favor. Robert Johnson, …
Statutes Affecting Disabled Prisoners by Daniel E. Manville In the past couple of years, there have been a number of changes to federal statutes that provide protections to those confined with disabilities. This article discusses those changes. Additional rights that the disabled may have under federal and state constitutional provisions, …
Pro Se Tips and Tactics by John Midgley If you are litigating or planning a case in federal court against state prison officials, it is very important to be clear about what rights you are asserting and what relief you are requesting. Federal courts are not allowed to simply order …
Rehabilitation Act, Title II of ADA, Held Unconstitutional by In two separate rulings the courts of appeal for the Fourth and Fifth Circuits have held that section 504 of the Rehabilitation Act (RA), 29 U.S.C. §794(a), and, Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §12312, do …
Suits Against Individual State Employees Available Under ADA by Suits Against Individual State Employees Available under ADA The U.S. Court of Appeals for the Eighth Circuit reversed two separate district courts and ruled that under Title I of the Americans with Disabilities Act (ADA), state employees can be sued in …
$2.5 Million Verdict in California Medical Neglect Case by Marvin Mentor On May 8, 2002, a California superior court jury awarded $2.5 million in damages for negligent medical care to a severely diabetic state prisoner, who, debilitated from insulin shock, broke his neck in a fall sustained while trying to …
Drug Addiction Disability Cannot Be Used to Deny Parole by by John E. Dannenberg The Ninth Circuit US Court of Appeals held that California life prisoners could not be denied parole because of a drug addition disability that fell within the reach of the Americans with Disabilities Act (ADA). Charles …
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