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Exhaustion Not Required for Claims of Assault by A federal district court held that the Prison Litigation Reform Act's (PLRA) exhaustion requirement does not apply to assault claims. It also held that a cause of action under the Violence Against Women Act, (VAWA), is analogous to a cause of action …
Brief • May 23, 2000
Billen v. Snohomish County, WA, Complaint, ADA Violation, 2000 • ", . '- '\, 1 RECEIVED 2 2000 MAY 23 PM 2: 26 3 BOB TERWILLIGER AUDITOR Sr-JOHOriiSH COUNTY. WASH. 4 fEPUTY£ 5 _ 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY …
Article • May 15, 2000 • from PLN May, 2000
Claim For Prospective Relief Moot Upon Release by Ronald Young The court of appeals for the Tenth circuit held that when a prisoner's claim for perspective injunctive relief regarding conditions of confinement becomes moot, the prisoner's parole or supervised release status does not, absent some exceptional showing, bring that claim …
$150,000 Judgment Against Prison Officials Upheld by A federal district court in New York upheld a $150,000 jury verdict against prison officials, concluding that the award was not excessive. The court also held, in a separate ruling, that the Prison Litigation Reform Act, (PLRA), cap on attorney's fees does not …
Federal Tort Claims Act Suit Limitation Construed in Medical Suit by Affirming the U.S. District Court for the Central District of Illinois, the U.S. Seventh Circuit Court of Appeals held that the United States was entitled to summary judgment under the Federal Tort Claims Act (FTCA) in a prisoner's medical …
Article • April 15, 2000 • from PLN April, 2000
HIV+ Prisoners Not Qualified For Rehabilitation Act Benefits by James Quigley The U.S. court of appeals for the Eleventh Circuit, sitting en banc, held that because prisoners infected with Human Immunodeficiency Virus (HIV+) pose a "significant risk" of transmission to uninfected prisoners, they are not "otherwise qualified," as required under …
Qualified Immunity Granted for Pre-1996 ADA Violation by The court of appeals for the Sixth Circuit held that it was not clearly established before 1996 that the Americans with Disabilities Act, (ADA), and Rehabilitation Act of 1973, (Rehabilitation Act), apply to state prisoners. As such, the court concluded that prison …
ADA Applies to Parole Claims by The court of appeals for the Ninth circuit held that the Americans with Disabilities Act (ADA) applies to claims that prisoners are denied parole primarily due to past histories of substance abuse. The court held that habeas corpus is not the sole remedy for …
ADA and RA May Require Sign Language Interpreters by Eighth Circuit held that a deaf-mute prisoner stated a prima facie claim against the Missouri Department of Corrections (MDOC) for violations of the Rehabilitation Act (RA) and Title II of the Americans with Disabilities Act (ADA) for failing to provide him …
Article • March 15, 2000 • from PLN March, 2000
Dean Injunction Clarified in Washington 35% Suit by Wright Acted On PLN has extensively reported the state and federal litigation challenging the constitutionality of RCW 72.09.480. RCW 72.09.480 is the statute which allows the Washington Department of Corrections (DOC) to seize 35% of all funds sent to Washington prisoners. As …
Constitutionality of ADA Upheld by Fourth Circuit by In the September, 1998, issue of PLN we reported Amos v. Maryland Department of Public Safety, 126 F.3d 589 (4th Cir. 1997) in which the court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12165 and the Rehabilitation Act …
Arizona Can't Seize All Prison Labor Back Wages by The Arizona court of appeals held that the state of Arizona can only seize thirty percent of a successful prisoner litigants back wages award. In 1983 and 1984 Richard Ford, an Arizona state prisoner, worked for Cutter Industries, a private company …
Trial Required in ADA Suit over HIV Medication by In the July, 1999, issue of PLN we reported McNally v. Prison Health Services, 28 F. Supp.2d 671 (D ME 1999) in which the court denied the defendants' motion to dismiss. The case involves David McNally, an HIV positive arrestee who, …
Brief • December 9, 1999
Blackburn v. Moss, WA, Settlement and Release Agreement, Disability Access, 1999 IEPT OF GENERAL ADMINISTRATION EE BART T BLACKBURN DOC #961795 ) DAY INVOICE YR NUHBER 2 08 99 DOL-9/15/98 31050592 150-0 REfERENCE 275542C AMOUNT INVOICE DISCOUNT 06C2019 01 () D 1'\ NET DUE 2 500.00 e 2 500.00 3E …
Utah Jail Settles ADA Suit by On May 6, 1999, Salt Lake County, Utah, settled a lawsuit by paying $2,000 in damages, $4,000 in attorney fees and agreeing to modify its jail for the handicapped. Robert Earls, a former jail detainee, is missing a leg and must use a prosthesis. …
Article • September 15, 1999 • from PLN September, 1999
Federal Parolee Has Right to Hearing Under 18 USC § 4211(a)(2) by Federal Parolee Has Right to Hearing Under 18 USC § 4211(a)(2) The Seventh Circuit court of appeals has held that a pre-Guidelines federal parolee has the right to a hearing under 18 U.S.C. § 4211(a)(2), five years after …
Individual Capacity Claims Not Applicable to RA and ADA by Afederal district court in Colorado held that individual defendants in their individual capacities are not liable under the Rehabilitation Act (RA) or the Americans with Disabilities Act (ADA). Additionally, these defendants were held to be entitled to qualified immunity from …
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 …
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