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Article • May 15, 2007
Black Supervisors Liable for Title VII Harassment by Permanent placement in the "bubble," a stressful inmate supervision position that allowed the officer on duty no breaks, and to which no one had previously been assigned permanently, was a sufficiently adverse employment action to support a Title VII claim. The fact …
Article • May 15, 2007
Hispanic Guard States Discrimination Claim by A Hispanic correction officer's allegation that her white supervisor frequently used racial epithets, frequently glared at her, often dumped trash in her work area, defaced her locker and filled it with trash, made physically inappropriate contact with her (i.e., bumped her hard), refused to …
Prosecutors Immune for Seizing Arrestees Prosthetic Leg by The plaintiff was arrested. His leg prosthesis was confiscated as evidence (it had a bullet hole in it). The prosecutor refused to return it. At trial, both parties used the prosthesis as evidence. The judge declined to order the prosthesis returned after …
Article • May 15, 2007
Black Prison Guards Discrimination Suit Dismissed by The plaintiff, an African-American correction officer, was reprimanded while a probationary officer. That action was not sufficiently adverse to support a Title VII suit, and his claims of disparate treatment with respect to white staff fail because they were not probationary and therefore …
Administrative Exhaustion Required in Jail Assault Case by The plaintiff sued over an assault by other prisoners. The court dismisses for failure to exhaust, notwithstanding his arguments that he did not receive a copy of the jail handbook and did not know about the grievance procedure; that he told staff …
Article • May 15, 2007
Censorship of Music Tape Upheld by The plaintiff ordered a music cassette tape which was then denied to her on the ground that it was a security risk. The court affirms the district court's summary judgment for defendants on First Amendment and due process theories without describing the controversy further, …
Police Racial Discrimination Class Action Certified by Latino and African-American police officers and the Latino officers' organization alleged racial discrimination in the internal disciplinary process. The court certifies the injunctive claims under Rule 23(b)(2) as to liability only. Given that the claim is racial discrimination, a class consisting of all …
Supreme Court Defines Disabled Under ADA by Supreme Court Defines Disabled Under ADA The plaintiff worked in an auto plant and wound up with bilateral carpal tunnel syndrome and tendinitis, and later myotendinitis and thoracic outlet compression, resulting in restrictions on her ability to work (starting with no substantial lifting …
Visiting Denial to Colorado Sex Offender Who Refuses Treatment Upheld by The plaintiff, a convicted sex offender, challenged various measures taken against him for refusing to participate in a treatment program. The plaintiff's declaratory and injunctive claims were mooted by his release from prison. His damage claims were not moot, …
Pennsylvania Sex Offender Parole Denial Suit States Some Claims by The plaintiff, seeking to represent a class, complained that denying her parole and imposing other adverse consequences in prison because of her refusal to disclose her sexual history, possibly including uncharged criminal activity, in a sex offender program violated her …
PLRA Doesn't Require Exhaustion of Non Prison Remedies by The plaintiff alleged that he was subjected to unconstitutional medical care for a spinal injury among other problems and that he was excluded from the prison's Unit for the Physically Disabled in violation of the Americans with Disabilities Act. The plaintiff …
False Charges against Staff Not Unconstitutional by Correction officers subjected to allegedly unfounded disciplinary prosecutions could not bring a § 1983 suit for malicious prosecution. Even though New York State recognizes the tort of malicious prosecution based on administrative proceedings, the Supreme Court plurality said in Albright v. Oliver that …
Article • May 15, 2007
Cop Suing Under Title VII for Discrimination Entitled to Discovery by A police officer who sued under Title VII alleging racial discrimination was entitled to documentary discovery for a period of three years, "which this Court deems is more than enough time to prove her point." A study of racial …
Title VII Claim Against NY Jail by Employee Proceeds by The plaintiff correctional employee alleged discrimination based on national origin and retaliation for defending himself against discrimination charges in a Title VII administrative complaint, but in the subsequent lawsuit asserted a claim of racial discrimination. The plaintiff may pursue the …
Pennsylvania Parole Whistleblower Suit Dismissed by Speech concerning racial discrimination in parole determinations is a matter of public concern, since it implicates the process of effective self-governance and equal protection under the law." (397) However, the plaintiff staff member's interest in distributing inmate psychological records in an effort to reveal …
Article • May 15, 2007
Damages Awarded for Denial of Voting Rights by The Arkansas Plaintiffs were awarded $500 to $2,000 for deprivation of voting rights. The appeals court had previously said that they "should be entitled to more than nominal damages. Moreover, humiliation, embarrassment, and mental anguish are compensable." (1211) If there is an …
Article • May 15, 2007
Combined Shiite and Sunni Religious Services Upheld by The plaintiff Shi'ite Muslims alleged that they were subject to discrimination because the Muslim worship and accommodation program in the state prisons combines Shi'ite and Sunni observance and the Sunnis are in charge. A state court held earlier in Cancel v. Goord …
Iowa Sex Offender Residency Restrictions Are Constitutional by The Eighth Circuit Court of Appeals held that Iowa's sex offender residency restrictions are n to unconstitutional, reversing a lower court ruling that we previously reported. [PLN, December 2004, p. 28]. On July 1, 2002, the Iowa Legislature enacted Iowa Code Section …
$54,000 Attorney Fees Awarded in Indiana Disability Discrimination Suit by An Indiana federal district court has awarded $54,000 in attorney fees and costs in a prisoner's disability discrimination lawsuit. The award came after a $5,000 summary judgment settlement between the parties. James Kennington was arrested and booked into Indiana's Marion …
7th Circuit Reverses SJ Retaliatory Transfer Claims by The Seventh Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials on due process and retaliatory transfer claims. The Illinois Department of Corrections (IDOC) operates the Tamms Correctional Center (Tamms). It is the highest security IDOC …
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