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Qualified Immunity RA Defense by The court of appeals for the eighth circuit has held that the affirmative defense of qualified immunity is available to government officials sued under the Rehabilitation Act (RA), 29 U.S.C. '794(a). McKinley Lue is a blind Missouri state prisoner who filed suit claiming he was …
Turner Applied to Rehabilitation Act Claims by Prisoners at the California Medical Facility (CMF) in Vacaville filed a class action suit challenging the adequacy of medical care and the overall treatment afforded to prisoners at the facility, especially those who were HIV positive or had AIDS. Before trial the parties …
Article • June 15, 1995 • from PLN June, 1995
MO Hair Cut Rule Violates RFRA by In the June, 1994 issue of PLN we reported passage of the Religious Freedom Restoration Act (RFRA) 42 U.S.C. § 2000bb and predicted that many states "grooming rules" which ban beards long hair etc. would likely be found unlawful under it. While we …
State Prisons Subject to RA & ADA by State Prisons Subject to RA & ADA Anthony Torcasio is an extremely obese Virginia state prisoner who is 5' 7" tall, weighs over 460 pounds and has a girth of 78" . He filed suit under 42 U. S. C. § 1983 …
No Habeas for Jailhouse Lawyer Aid by In a rather novel ruling the third circuit has ruled that federal courts lack authority to issue writs of habeas corpus to ensure that an imprisoned pro se litigant has the assistance of a jailhouse lawyer at trial. Michael Jones is a New …
Guard Sues Over Discrimination Order by This case involves a black California prison guard, Ali Moyo, who sued his superiors in the California Department of Corrections (CDC) after they fired him for protesting against and refusing to cooperate with the defendants practice of allowing white prisoners, but not black prisoners, …
CDC Must Establish Hobby Program by Lassen County Superior Court Judge J. Harvey issued a writ of habeas corpus on August 16, 1994, which ordered the California Department of Corrections (CDC) to establish a hobby program and store materials at the California Correctional Center (CCC) at Susanville. Steve Yakle, a …
Article • January 15, 1995 • from PLN January, 1995
No FLSA Protection for Prisoner Workers by Past issues of PLN have extensively reported on the struggles by prisoners to obtain the minimum wage for industrial and production work performed in prison. Much of this litigation has focused on the federal Fair Labor Standards Act (FLSA) 29 U.S.C. § 201-219 …
Women Prisoners Entitled to Equal Education by This is a precedent setting case that should be read and studied by women prisoners who are denied educational opportunities comparable to those offered to male prisoners. This ruling applies to state prisons who receive federal funding and who provide educational programs. Since …
Article • November 15, 1994 • from PLN November, 1994
DOJ Releases ADA Advisory Report by In 1990, Congress passed the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12134, which prohibits discrimination against the disabled by state and local government entities. The ADA applies to criminal justice agencies, including prisons and jails. The Department of Justice (DOJ) is one …
Santeros Win PI by Santeria is a religion which combines aspects of Catholicism and African animism. Believers worship saints, or orishas, who have their own personalities and characteristics. Santeria is widely practiced in Caribbean and Latin American countries. In Church of the Lukumi Babah Aye, Inc. v. City of Hialeah, …
RFRA Must Be Argued on Merits by Prisoners at the Nebraska State Penitentiary filed suit under the Religious Freedom Restoration Act (RFRA) 42 U.S.C. § 2000bb claiming that prison officials had violated their right to practice their religion. The prisoners are adherents to Asatru, an Icelandic term for the ancient …
Article • October 15, 1994 • from PLN October, 1994
Federal Public Defenders Govt. Employees for FTCA by Joseph Sullivan is a federal prisoner who filed suit against the two federal public defenders who represented him in a parole revocation proceeding. Sullivan initially filed suit in federal court under the court's diversity jurisdiction. In a previous decision the seventh circuit …
Prisoners Have Right to Jury from Community by Emmanuel Mitchell is a Tennessee state prisoner. He sued prison officials claiming excessive use of force and placement in an unsanitary cell. After a jury trial judgment was entered in favor of prison officials, Mitchell filed a motion for a new trial …
RFRA Has Retroactive Application by Adherents of the Hebrew Israelite faith challenged Florida prison regulations which forbade their receipt of Hebrew Israelite literature. A class action suit challenging the censorship culminated with a victory for the prisoners at 641 F. Supp 312 in 1986. The court of appeals for the …
Article • July 15, 1994 • from PLN July, 1994
Transport of Prison Made Goods Illegal by Preston Glove Company is a Mississippi textile manufacturer who entered into a contract with Magnolia State Enterprises, a quasi governmental business incorporated pursuant to the Mississippi Prison Industries Act of 1990, for the use of prison laborers and Magnolia facilities. Under the contract …
Cross Gender Strip Searches Illegal by David Canedy is a Wisconsin state prisoner. He filed suit claiming that during a shakedown of his housing unit female guards strip searched him, causing him embarrassment, humiliation and mental distress. Male guards were readily available and could have conducted the search. He also …
Article • July 15, 1994 • from PLN July, 1994
Prisoners Denied Right to Vote by Paul Wright By Paul Wright In the May, 1994, issue of PLN we ran an article, "Giving Cons and Ex-Cons The Right to Vote" which outlined a litigation strategy to obtain just such a right. Nine New York state prisoners at the Green Haven …
RFRA Supersedes O'Lone by O'Lone As reported in PLN, Vol. 5, No. 6, the Religious Freedom Restoration Act (RFRA) was signed into law by President Clinton in November, 1993. It forbids government infringement of religious rights and claims. The RFRA is already being applied to prisoner civil rights actions with …
Religious Freedom Restoration Act Passed by Congress has passed, and President Clinton has signed into law, the Religious Freedom Restoration Act of 1993, Public Law 103-141. The new statute was passed without an exemption for prisons and jails requested by law enforcement officials including the Attorney Generals of 26 states …
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