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Article • May 15, 2007
Female Only Guard Posts Approved by The Ninth Circuit Court of Appeals held a policy at Hawaii's Women's Community Correctional Center that designates six posts as available as only assignable to women guards is a reasonable response to concerns about prisoner privacy and allegations of abuse by male guards. The …
Article • May 15, 2007
District of Columbia Sex Offender Registration Unconstitutional by The public notification provisions of the D.C. Sex Offender and Registration Act deny due process because they provide no opportunity for sex offenders to contest whether such notification is necessary to protect the public. There is a liberty interest under the "stigma-plus" …
BOP Prisoner Bystander Hurt in Gang Fight States FTCA Claim by The plaintiff sued under the Federal Tort Claims Act alleging that prison staff negligently permitted him to be injured as a result of a gang fight in which he was not involved, and that he did not receive proper …
Parole Condition Banning Pornography Too Vague by The defendant, convicted of possessing child pornography, was forbidden as a condition of post-incarceration supervised release to possess any pornography, child or otherwise. The court rejects the government's position that the condition isn't ripe for judicial review until it is enforced, since it …
Parole Board Can Consider Dismissed Sex Offenders by The plaintiff's sex offense charge had been dismissed as part of a plea bargain, with the parole board forbidden to consider it. Seventeen years later, prison staff classified him as in need of sex offender treatment. He was paroled and then his …
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 …
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