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Americans with Disability Act Applies to Jails
Article • December 15, 1997 • from PLN December, 1997
Filed under: Disabled Prisoners, Injury -- Misc., Conditions of Confinement, Showers, Jail Specific, Magistrates, Americans with Disabilities Act, Rehabilitation Act
Americans with Disability Act Applies to Jails by In two separate rulings, federal district courts in Ohio and Michigan held that the Americans with Disabilities Act (ADA) 42 U.S.C. § 12131 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to county jails. Leonard Raufman was imprisoned in the …
VI Decree Modification Denied Under PLRA, DOC Held in Contempt
Article • December 15, 1997 • from PLN December, 1997
Filed under: Systemic Medical Neglect, Conditions of Confinement, Totality of Conditions, Fire Hazards, Overcrowding, Sanitation, Shelter, Consent Decrees (PLRA), Contempt (Civil Procedure), Americans with Disabilities Act, Failure to Treat (Mental Illness)
VI Decree Modification Denied Under PLRA, DOC Held in Contempt by A federal district court in the Virgin Islands made specific factual findings under the terms of the Prison Litigation Reform Act (PLRA) holding that prison and jail conditions on the island were unconstitutional and required federal court intervention to …
Fourth Amendment Forbids Taping of Jail Confession to Clergy
Article • November 15, 1997 • from PLN November, 1997
Filed under: Criminal Prosecution, Conditions of Confinement, Electronic Monitoring, Religious Freedom Restoration Act, Religious Practices, Clergy
Fourth Amendment Forbids Taping of Jail Confession to Clergy by The court of appeals for the ninth circuit held that state prosecutors, judges and jail officials violated the fourth amendment and the now defunct Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb, by secretly taping the confession a jail …
Felon Disenfranchisement Laws Challenged in Washington
Article • October 15, 1997 • from PLN October, 1997
Filed under: Racial Discrimination, Voting, Federal Statutory Law, Voting Rights Act
Felon Disenfranchisement Laws Challenged in Washington by In the January and December, 1996, issues of PLN we reported Baker v. Cuomo, 58 F.3d 814 (2nd Cir. 1995) and Baker v. Pataki, 85 F.3d 919 (2nd Cir. 1996)(en banc) in which New York state prisoners were using the Voting Rights Act …
Seventh Circuit Applies ADA to Prisoners
Article • October 15, 1997 • from PLN October, 1997
Filed under: Discrimination, Blind Prisoners, Americans with Disabilities Act, Rehabilitation Act, Fair Labor Standards Act, Eleventh Amendment Immunity
Seventh Circuit Applies ADA to Prisoners by The court of appeals for the seventh circuit held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794, explicitly apply to state prisoners. Anyone litigating an ADA or RA claim will find …
ADA Suits Not Affected by PLRA Attorney Fee Caps
Article • October 15, 1997 • from PLN October, 1997
Filed under: Attorney Fee Awards, PLRA, Attorney Fees (PLRA), Americans with Disabilities Act
ADA Suits Not Affected by PLRA Attorney Fee Caps by John Emry There is a great deal of talk and litigation about the Prison Litigation Reform Act which was part of the Omnibus Consolidated Rescissions and Appopriations Act of 1996 (PL 104-134, 110 Stat 1321 (1996)). One aspect of the …
Released Prisoners Must Pay Filing Fees
Article • October 15, 1997 • from PLN October, 1997
Filed under: Filing Fees, Parole, Federal Statutory Law, Privacy Act
Released Prisoners Must Pay Filing Fees by The court of appeals for the District of Columbia Circuit held that PLRA fee requirements apply to all federal civil actions and must be paid by prisoners later released from prison. Shortly before being released from prison Peter Smith, a federal prisoner, filed …
Arizona Prisoner Entitled to Kosher Diet
Article • October 15, 1997 • from PLN October, 1997
Filed under: Food, Religious Freedom Restoration Act, Religious Freedom, Religious Diet
Arizona Prisoner Entitled to Kosher Diet by The court of appeals for the ninth circuit held that a district court erred when it upheld the denial of Kosher meals to Jewish prisoners in Arizona. Kenneth Ashelman is one of 70 Jewish prisoners in the Arizona DOC. Prison officials in that …
Eleventh Circuit Reinstates Beating Verdict
Article • October 15, 1997 • from PLN October, 1997
Filed under: Racial Discrimination, Eighth Amendment, Excessive Force, Guard Brutality/Beatings, Grooming Rules, Damages, Religious Freedom Restoration Act, Religious Grooming
Eleventh Circuit Reinstates Beating Verdict by The court of appeals for the eleventh circuit reversed a judgment as a matter of law entered against a Florida prisoner after a jury found in his favor. The court reinstated both the verdict and a damage award for the prisoner. The court also …
Indiana ADA Verdict Affirmed
Article • September 15, 1997 • from PLN September, 1997
Filed under: Disabled Prisoners, Attorney Fee Awards, Civil Procedure, Damages, New Trial Motions, Americans with Disabilities Act
Indiana ADA Verdict Affirmed by In the March, 1996, issue of PLN we reported Love v. Westville Correctional Center, 896 F. Supp. 808 (ND IN 1995) where the court granted the plaintiff a new trial on his Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, claim. After a new …
ADA Applies to State Prisons
Article • September 15, 1997 • from PLN September, 1997
Filed under: Deaf Prisoners, Disabled Prisoners, Blind Prisoners, Work, Inability to Work, Skeletal Injury, Good Time, Parole, Americans with Disabilities Act, Rehabilitation Act, Eleventh Amendment Immunity
ADA Applies to State Prisons by A federal district court in California held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to state prisons and the California Department of Corrections (CDC) must comply with their respective provisions. …
Supreme Court Strikes Down RFRA as Unconstitutional
Article • September 15, 1997 • from PLN September, 1997
Filed under: Religious Freedom Restoration Act, Religious Freedom, Religious Practices
Supreme Court Strikes Down RFRA as Unconstitutional by On June 25, 1997, the United States supreme court struck down as unconstitutional the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb. In 1993 the RFRA was enacted by congress in response to the supreme court ruling in Employment Division, Dept. …
No Private Cause of Action Under BOP Statute
Article • August 15, 1997 • from PLN August, 1997
Filed under: Federal Statutory Law, Federal Tort Claims Act
No Private Cause of Action Under BOP Statute by The court of appeals for the District of Columbia circuit held that 18 U.S.C. § 4042 does not create a private cause of action for constitutional violations against Bureau of Prisons (BOP) officials. Section 4042 sets forth the BOP's duty to …
Physical Injury Requirement Not Retroactive
Article • July 15, 1997 • from PLN July, 1997
Filed under: Physical Injury Rule, Religious Freedom Restoration Act, Qualified Immunity, Religious Freedom, Denial of Religious Services
Physical Injury Requirement Not Retroactive by A federal district court in New York held that 42 U.S.C. § 1997e(e), a section of the PLRA which requires prisoners to sustain physical injury before they can seek money damages, is not retroactive to claims arising before the PLRA's April 26, 1996, enactment. …
TB Isolation May Violate RFRA
Article • June 15, 1997 • from PLN June, 1997
Filed under: Tuberculosis, Exercise, Religious Freedom Restoration Act, Religious Freedom, Religious Practices
TB Isolation May Violate RFRA by A federal district court in Indiana held that a prison policy of isolating Muslim prisoners who refused tuberculosis screening tests may violate the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b)(1) and the eighth amendment. Indiana prisoners who refuse TB tests involving the …
FTCA Suit Not Barred by Prior Bivens Claim
Article • June 15, 1997 • from PLN June, 1997
Filed under: Crime/Demographics, Informants, Escapes, Legal Materials, Sanctions, Res Judicata, Prisoner Property, Federal Tort Claims Act
FTCA Suit Not Barred by Prior Bivens Claim by In a case of first impression the court of appeals for the seventh circuit held that a plaintiff who files and loses a Bivens suit against federal officials is not automatically barred from filing a tort suit against the United States …
Trial Required on ADA EFV Claim
Article • June 15, 1997 • from PLN June, 1997
Filed under: Medical, HIV/AIDS, Americans with Disabilities Act, Rehabilitation Act, Extended Family Visiting
Trial Required on ADA EFV Claim by A federal district court in California held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA) of 1973, 29 U.S.C. § 794, apply to state prisons and were violated when an HIV+ prisoner and his HIV+ …
BOP Owes Duty of Care to Prisoners
Article • June 15, 1997 • from PLN June, 1997
Filed under: Medical, Medication, Blood, Brain Injury, Federal Tort Claims Act
BOP Owes Duty of Care to Prisoners by The court of appeals for the third circuit held that the Bureau of Prisons (BOP) owes federal prisoners a duty of care and that a district court erred in ruling otherwise. Rother Jones is a federal prisoner who filed a negligence suit …
Wisconsin RFRA Jewelry Ruling Affirmed
Article • June 15, 1997 • from PLN June, 1997
Filed under: Religious Freedom Restoration Act, Religious Freedom, Religious Property
Wisconsin RFRA Jewelry Ruling Affirmed by The court of appeals for the seventh circuit held that a prison policy prohibiting prisoners from wearing crucifixes and all other religious jewelry violated the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb. In the August, 1996, issue of PLN we reported Sasnett …
Seventh Circuit Questions ADA Applicability to Prisons
Article • May 15, 1997 • from PLN May, 1997
Filed under: Disabled Prisoners, Medical, Medication, Systemic Medical Neglect, Pain, Summary Judgment, Americans with Disabilities Act
Seventh Circuit Questions ADA Applicability to Prisons by The court of appeals for the seventh circuit issued its first ruling on the applicability of the Americans with Disabilities Act (ADA) to prisoners. In doing so it held that claims of incompetent medical treatment are not cognizable under the ADA. It …
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