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IDEA Confers Right to Education Even in SHU by IDEA Confers Right to Education Even In SHU The First Circuit court of appeals has held that a prisoner receiving educational services under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415(e)(4)(B), is entitled to a free and public …
Denial of HIV Medication Subjects Medical Contractor to Liability by Afederal district court in Maine held that a former pretrial detainee had stated a claim when a jail's medical contractor denied him his HIV medication for three days. David McNally was arrested and booked into the Cumberland County jail in …
Exhaustion Not Required for Bivens Claim by Exhaustion Not Required for Bivens Claims The court of appeals for the Fifth Circuit held that federal prisoners pressing Bivens claims against federal officials for only monetary relief need not exhaust meaningless administrative remedies. The court further held that a party is entitled …
Interstate Compact Violations Not Cognizable Under § 1983 by Interstate Compact Violations Not Cognizable Under § 1983 The court of appeals for the Ninth circuit held that violations of the Interstate Corrections Compact (ICC) cannot be challenged via 42 U.S.C. § 1983 in federal court. Emory Ghana, a New Jersey …
Eighth Circuit Upholds, Defines IFP Provisions by The court of appeals for the Eighth circuit, in two separate rulings, has upheld and defined the In Forma Pauperis (IFP) provisions of the PLRA. Kenneth Murray filed a petition under the All Writs Act, 28 U.S.C. § 1651, claiming a court clerk …
$250,000 FTCA Beating Judgment Reversed by The court of appeals for the Eleventh Circuit held that the discretionary function exception to the Federal Tort Claims Act (FTCA) shields the United States from liability for injuries sustained by a federal prisoner, as a result of an attack by another prisoner. A …
$45,000 Award in BOP Tort Claim Medical Neglect Suit by Afederal district court in Texas has awarded a pro se federal prisoner $45,000 under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, for medical neglect by the United States Bureau of Prisons (BOP) in failing to transfer him …
Prisoners Entitled to Money Damages and Injunctive Relief under ADA and RA by Prisoners Entitled To Money Damages And Injunctive Relief Under ADA And RA A federal court in Michigan held that prison officials were not entitled to qualified immunity for money damages in a deaf prisoner's American Disability Act …
Settlement in Washington State Deaf Prisoners' Lawsuit by Jeff Crollard Aclass action lawsuit was settled on behalf of deaf and hearing-impaired prisoners in Washington State on September 3, 1998. The settlement agreement obligates the Washington State Department of Corrections to provide qualified sign language interpreters and assistive devices, such as …
Brief • January 15, 1999
Padilla v. Ryan, CA, Settlement Agreement, Deaf Prisoners, 1999 AmandaK. Wilson, CSB #148401 2 3 Michelle L. Cheng. CSB #194072 PUBLIC INTEREST LAW FIRM III W. St John Street, Suite 315 San Jose, California 95113 Telephone: (408) 293-4790 4 .5 6 7 8 10 11 12 13 14 Linda D. …
Guard Awarded $300,000 for ETS Exposure in ADA Suit by Afederal district court in New York held that an asthmatic prison guard was "disabled" under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., but compensation under 42 U.S.C. § 1981a(b)(3) could not exceed $300,000. The court …
Qualified Immunity No Protection for ADA Injunctive Claims by In the October, 1998, issue of PLN we reported Rouse v. Plantier , 987 F. Supp. 302 (D NJ 1997) which involves a class action lawsuit challenging the adequacy of treatment that diabetic prisoners receive in New Jersey state prisons. In …
Article • December 15, 1998 • from PLN December, 1998
RFRA Still Applies to Federal Government by The court of appeals for the eighth circuit held that the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb, still applies to the federal government. In the September, 1997, issue of PLN we reported City of Boerne v. Flores , 117 S.Ct. 2157 …
ADA/RA Apply to Jails and Give Deaf Right to TDD by The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., (ADA) and Rehabilitation Act of 1973, 29 U.S.C. § 794, (RA) apply to jails and require that deaf prisoners be given access to alternate assistance in …
FL DOC Violates Individuals with Disabilities Education Act by Afederal district court in Florida held that § 944.801(4), Fla. Stat. (1997), which permits prisoners under 22 years of age, who qualify for special educational services and programs pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415, …
Sign Language Interpreters Required in Missouri by Sign Language Interpreters Required In Missouri The federal district court in Missouri granted a deaf prisoner injunctive relief and partial summary judgment for prison officials' failure to provide a sign language interpreter at disciplinary hearings, routine medical visits, classification hearings, and educational programs. …
Trial Required in New Jersey Diabetic Care Suit by Afederal district court denied New Jersey prison authorities their motion for summary judgment against diabetic prisoners' class action suit under 42 USC § 1983. The prisoners' complaint was that the medical care provided by the Adult Diagnostic and Treatment Center (ADTC) …
UNICOR Worker Receives $928.32 for Lost Hand by The court of appeals for the Seventh Circuit held that a prisoner could bring a Bivens claim separate from any claim brought under a workers' compensation scheme. However, because the evidence of the prison officials' failure to protect did not rise to …
Article • September 15, 1998 • from PLN September, 1998
MI Prison "Fee" Law Preempted by ERISA by Afederal district court in Michigan held that the State Correctional Facility Reimbursement Act (SCFRA), Mich.Comp.Laws.Ann. § 800.401 and Mich.Stat.Ann. § 28.1701, is preempted by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1000, which prevents the state from seizing pension …
Bivens Action is Not Time Barred When in Compliance With Rule 3 by Afederal court of appeals reversed a district court's dismissal of a wrongful death complaint filed by the mother of a federal prisoner, Shelia Moore. Moore was put in an administrative segregation cell on suspicion of taking an …
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