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Supreme Court Defines Religious Rights in Prison
Article • May 15, 2007
Filed under: Discrimination, Gang Policies, Overcrowding, Denial of Religious Services, Religious Practices, Sabbaths
Supreme Court Defines Religious Rights in Prison by The U.S. Supreme Court ruled that two policies instituted by a New Jersey prison did not violate the First Amendment. Muslim prisoners filed a U.S.C. § 1983 suit alleging a violation of their Constitutional right of free exercise of religion. Two policies …
Due Process Requires Contact Visits for Female Detainees
Article • May 15, 2007
Filed under: Gender Discrimination -- Women, Visiting
Due Process Requires Contact Visits for Female Detainees by The New York Court of Appeals held that contact visits of reasonable duration is required by the due process clause of the State Constitution. Three female detainees filed a class action against the Monroe County Jail for prohibiting pretrial detainees contact …
Punishment for Distributing Buddhist Literature States Claim
Article • May 15, 2007
Filed under: Religious Discrimination, Disciplinary Hearings, Disciplinary Litigation, Publications/Books, Denial of Religious Services
Punishment for Distributing Buddhist Literature States Claim by The Supreme Court held that a prisoner who alleged that he was prevented from practicing his religious faith and punished for sharing Buddhist literature with other prisoners stated a claim under 42 U.S.C. $ 1983. Fred A. Cruz, a Texas prisoner, filed …
US Supreme Court Held That Exclusion Of Jurors Based On Race Is Unconstitutional in Civil Cases
Article • May 15, 2007
Filed under: Discrimination, Racial Discrimination, Juries
US Supreme Court Held That Exclusion Of Jurors Based On Race Is Unconstitutional in Civil Cases by US Supreme Court Held That Exclusion Of Jurors Based On Race Is Unconstitutional in Civil Cases The US Supreme Court held that exclusion of prospective jurors based on their race violates their equal …
$40,000 Paid in Washington Guards' Defamation Suit
Article • May 15, 2007
Filed under: Guard Misconduct, DOC/BOP misconduct, Racial Discrimination, Civil Procedure, Disclosure of Records, Employee Litigation
$40,000 Paid in Washington Guards' Defamation Suit by Michael and Heidi Malpass, husband and wife, worked at the Washington Corrections Center as guards in 1997. Using hearsay information provided by WCC staff members, Lt. Waller compiled a list of eleven names of persons claimed to be involved in or associated …
Warden Denied Qualified Immunity in Guard's Race Discrimination Suit
Article • May 15, 2007
Filed under: Racial Discrimination, Retaliation against Staff, Whistleblowing, Immunity/Liability, Qualified Immunity, Employee Litigation
Warden Denied Qualified Immunity in Guard's Race Discrimination Suit by The U.S. Sixth Circuit Court of Appeals dismissed an interlocutory appeal from a district court's denial of summary judgment to an Ohio prison warden. Richard Parks was a guard at Warren Correctional Institution (WCI), where Anthony Brigano was warden. Parks …
Texas Sex Offender Counseling Provision Not Ex Post Facto
Article • May 15, 2007
Filed under: Sex Offenders (Discrimination), Sentencing, Ex Post Facto, Probation, Parole Conditions, Sex Offender Treatment
Texas Sex Offender Counseling Provision Not Ex Post Facto by The Fifth Circuit Court of Appeals held that a statute enacted after a prisoner was convicted and sentenced is not ex post facto if it is not punitive. Texas prisoner George W. Rieck, Jr., filed a habeas corpus petition challenging …
Arbitrary Censorship and Abuse of Disabled Prisoners Unlawful
Article • May 15, 2007
Filed under: Guard Misconduct, Threats by Staff, Disabled Prisoners, Toilets, Civil Procedure, Damages, Mail Regulations
Arbitrary Censorship and Abuse of Disabled Prisoners Unlawful by The Sixth Circuit has held that the First Amendment protects prisoners from capricious interference with their incoming mail and that actual physical injury is not a requisite to show an Eighth Amendment violation of cruel and unusual punishment. George Parrish and …
Public Sector Employee's § 1983 Equal Protection Claim Allowed Without Pleading Title VII Claim
Article • May 15, 2007
Filed under: Racial Discrimination, Federal Statutory Law, Title VII, Religious Grooming, Employee Litigation
Public Sector Employee's § 1983 Equal Protection Claim Allowed Without Pleading Title VII Claim by Public Sector Employee's § 1983 Equal Protection Claim Allowed Without Pleading Title VII Claim The Fourth Circuit Court of Appeals has held a guard's 42 U.S.C. § 1983 action alleging religious discrimination was not barred …
U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard.
Article • May 15, 2007
Filed under: Political Prisoners, Counsel, Evidence, Appointment of Counsel, International, Terrorism
U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard. by U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard. A federal District Court in New York has held that a U.S. citizen detained in the United States, and labeled an enemy combatant …
Iowa: Prior Sex Offenses Not Grounds For Prisoner's Continued Confinement
Article • May 15, 2007
Filed under: Discrimination, Sex Offenders (Discrimination), Civil Commitment
Iowa: Prior Sex Offenses Not Grounds For Prisoner's Continued Confinement by The Iowa Supreme Court held that a state prisoner who had prior convictions for sex offenses but was not currently imprisoned on sex- related charges was ineligible for commitment as a sexually violent predator. Jessie J. Gonzalez was convicted …
SAMs Valid, Requiring Defense Attorneys' Affirmation Invalid
Article • May 15, 2007
Filed under: Political Prisoners, Attorney Client, Telephones, Attorney Calls, Telephone Monitoring, Mail Regulations, Legal Mail, Attorney Visits
SAMs Valid, Requiring Defense Attorneys' Affirmation Invalid by A U.S. District Court held that Special Administrative Measures (SAMs) were valid as to the detention of a pretrial detainee, but defense attorneys need not give affirmation as to their acknowledgment of the SAMs. 28 C.F.R. §501.3(a) (Prevention of acts of violence …
Arizona: Failure to Provide Hearing Aid States Claim Under ADA, RA
Article • May 15, 2007
Filed under: Discrimination, Deaf Prisoners, ENT, Hearing, State Law Claims, Americans with Disabilities Act, Rehabilitation Act, Eleventh Amendment Immunity
Arizona: Failure to Provide Hearing Aid States Claim Under ADA, RA by In this unpublished decision dated January 16, 2003, the Arizona Court of Appeals, Division One, held that a prisoner's assertion, that the Arizona Department of Corrections (ADOC) failed to timely provide him with hearing aids, stated a prima …
$3,500 Paid in WA Guard's Sexual/Martial Harassment Suit
Article • May 15, 2007
Filed under: Sexual Harassment, Staff-Staff Harassment, Gender Discrimination -- Women, Employee Litigation, Disabled Employees, Marriage
$3,500 Paid in WA Guard's Sexual/Martial Harassment Suit by Marvin Price-Haberman was a guard at the Washington Corrections Center. In January 1994, she filed a sexual harassment complaint. Thereafter, she was subjected to retaliation. A lawsuit filed by Price-Haberman and her husband Robert Haberman, also a guard, alleged they were …
$10,000 Paid in WA Unfair Labor Practice Charges
Article • May 15, 2007
Filed under: Discrimination, Gender Discrimination -- Women, Employee Litigation
$10,000 Paid in WA Unfair Labor Practice Charges by Pauline Wesen was a Sergeant at the Washington Corrections Center. In January 2001 she became the subject of untrue rumors started by staff members to defame her. She was eventually demoted to guard. Her complaint with the Offices of Risk Management …
Denial of Handicapped Shower Implicates ADA/RA & §1983
Article • May 15, 2007
Filed under: Disabled Prisoners, Civil Procedure, Parties, Americans with Disabilities Act, Rehabilitation Act
Denial of Handicapped Shower Implicates ADA/RA & §1983 by A federal court in Oregon held that the state can be sued under Title II of the Americans with Disabilities Act (ADA) and under the Rehabilitation Act of 1973 (RA). The court also held that prison officials could be sued in …
$49,500 Settlement In Washington Employee Discrimination Suit
Article • May 15, 2007
Filed under: Classification, Work Release, Religious Discrimination, Employee Litigation
$49,500 Settlement In Washington Employee Discrimination Suit by In 1997 the Washington State Department of Corrections settled a law suit with Victor Carter, Kathy Allen, and Pablo Mendoza for $16,500 each for a total of $49,500. All three plaintiffs were employed at the Yakima-Kittitas County Work Release as guards. They …
Third Circuit: PHS Subject to Successor Liability, Relation-Back Statute Inapplicable
Article • May 15, 2007
Filed under: Prison Health Services, Correctional Physician Services, Gender Discrimination -- Women, Title VII, Immunity/Liability, Contractor Liability
Third Circuit: PHS Subject to Successor Liability, Relation-Back Statute Inapplicable by Third Circuit: PHS Subject to Successor Liability, Relation-Back Statute Inapplicable In this case involving a Title VII discrimination suit against Correctional Physician Services (CPS), the U.S. Third Circuit Court of Appeals held that the company's buyer, Prison Health Services …
Illegal Police Action Cognizable Under 42 U.S.C. § 1983
Article • May 15, 2007
Filed under: Misconduct/Corruption, Police Misconduct, Racial Discrimination, False Arrest, Excessive Force (Police)
Illegal Police Action Cognizable Under 42 U.S.C. § 1983 by Illegal Police Action Cognizable Under 42 U.S.C. § 1983 The United States Supreme Court held that the illegal actions of city police, while on duty, that amount to an unreasonable search and seizure, constituted action taken `under the 'color of …
$75,000 Paid in Washington DOC Employee's Sexual Harassment Suit
Article • May 15, 2007
Filed under: Staff-Staff Harassment, Discrimination, Gender Discrimination -- Women, Disabled Employees
$75,000 Paid in Washington DOC Employee's Sexual Harassment Suit by Lorna Sutliff, an employee of Benton County, WA Department of Corrections filed suit in state court alleging she was sexually harassed by J. Jeremiah Coughlin during the course of her employment from 1984 to March 26, 1991. In February 1992 …
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