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Clemency Petition Not Subject to FOIA by On December 1, 2008, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s order denying a Freedom of Information Act (FOIA) request for copies of a commutation petition filed by John Walker Lindh, the so-called “American Taliban.” In January …
BOP Settles Suit Over Telephone Access, Electronic FOIA Claims by The Bureau of Prisons (BOP) has agreed to settle another lawsuit brought by PLN contributing writer, Brandon Sample.The settlement resolves several disputes between Sample and the BOP. Sample had complained, for instance, that the call prompt announced over the prisoner …
Article • June 15, 2009 • from PLN June, 2009
PLN Awarded Summary Judgment In FOIA Case Again by Brandon Sample On March 26, 2009, U.S. District Judge Reggie Walton entered summary judgment for PLN in an ongoing battle between Prison Legal News and the BOP over the release of certain records. In 2003, PLN submitted a Freedom of Information …
Article • April 15, 2009
BOP Agrees To Provide Prisoner with BOPDOCS Disc by On August 24, 2007, the Bureau of Prisons (BOP) settled a portion of a lawsuit brought under the Freedom of Information Act (FOIA) by a federal prisoner for a copy of its BOPDOCS disc. Brandon Sample, a federal prisoner and PLN …
Article • April 15, 2009
D.C. Circuit Rejects Government’s Narrow Interpretation of FOIA Request by On February 7, 2003, the U.S. Court of Appeals for the D.C. Circuit held that a Freedom of Information Act (FOIA) requester’s request for “all documents pertaining to” his or herself followed by a request for certain enumerated records must …
Brief • March 26, 2009
Prison Legal News v Lappin, DC, Memo Opinion, BOP public records, 2009. Case 1:05-cv-01812-RBW Document 61 Filed 03/26/2009 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) PRISON LEGAL NEWS, ) ) Plaintiff, ) ) v. ) Civil Action No. 05-1812 (RBW) ) HARLEY …
Brief • March 26, 2009
Prison Legal News v Lappin, DC, Order, BOP public records, 2009 Case 1:05-cv-01812-RBW Document 60 Filed 03/26/2009 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) PRISON LEGAL NEWS, ) ) Plaintiff, ) ) v. ) Civil Action No. 05-1812 (RBW) ) HARLEY G. …
DOJ/EOIR: Secret Decision to Maintain Secret Immigration Courts by Jacqueline Stevens Thursday, April 2, 2009 DOJ/EOIR: Secret Decision to Maintain Secret Immigration Courts WHO DUNNIT? Last week I wrote about being turned away from immigration courts in Eloy and Florence, Arizona, even though federal law requires immigration courts be open …
Brief • March 2, 2009
Prison Legal News v. CCA,TN, MTF Amicus Brief, public records, 2009
FOIA Exemption for Personal Privacy Requires Factual Basis by The D.C. Circuit Court of Appeals held that while the Freedom of Information Act (FOIA) exempts government agencies from releasing data that amounts to an “unwarranted invasion of personal privacy,” summary judgment would not be permitted when a factual dispute existed …
Article • August 15, 2008
No FOIA Disclosure of Marshals’ Names by The names of the marshals who escorted the plaintiff on a particular occasion when he was injured were exempt from disclosure under FOIA because they were part of records compiled for law enforcement purposes, and the plaintiff did not show that the public's …
Federal FIOA Doesn’t Apply to OH State Agencies by Jan Becker, an Ohio state prisoner, petitioned for a Writ of Mandamus in state court to compel the state Highway Patrol to disclose documents under the federal Freedom of Information Act (FOIA), 5 U.S.C. § 551(1) et seq. and the state …
Article • February 15, 2008 • from PLN February, 2008
BOP Must Provide Prisoner's FOIA Request in Electronic Format by The Court of Appeals for the District of Columbia has held that the Bureau of Prisons (BOP) must provide a prisoner with information requested under the Freedom of Information Act (FOIA) in the format requested by the prisoner, which includes …
Article • January 15, 2008
Fed Prisoner Wins FOIA Action Requesting Informant's Names by Kenneth H. Linn, a federal prisoner, requested from the U.S. Dept. of Justice (the DOJ) a number of documents associated with his conviction, pursuant to the federal Freedom of Information Act (the Act), 5 U.S.C. § 552 et seq. When the …
Fed Prisoner's FOIA Request for Investigation-Related Documents Properly Denied by In 1997, Willie E. Boyd, a federal prisoner, was convicted of charges related to a gun and bag of cocaine found in his girlfriend's closet. He later discovered that his girlfriend's brother was a government informant who had sold drugs …
Brief • December 18, 2007
Prison Legal News v. Tilton, CA, Complaint, CDCR Public Records, 2008 ,- DEPARTMENT --+0--6_ ~ _ F'~'t-=~~j{ ~i~itJ~J.¥l~:Ht i;~t9~~~ (:itf Ca~~f1}mia~ 5 ROSEN, BIEN & GALVAN, LLP Sanford Jay Rosen, Bar No. 62566 Amy Whelan, Bar No. 215675 Lon Rifkin, BarNo. 244081 KennethM. Walczak, BarNo. 247389 315 Mont~omery Street, 10th …
DC Circuit Awards Fees in CIA FOIA Suit by The Court of Appeals for the District of Columbia has held that the appellee in this case was a prevailing party in a lawsuit to enforce his request under the Freedom of Information Act (FOIA), and remanded to determine if he …
Fortress Of Solitude: The Bureau Of Prisons Is As Good At Keeping Prisoners In As It Is At Keeping Reporters Out by Alan Prendergast A hundred miles southwest of Denver, the U.S. Penitentiary Administrative Maximum houses a killer lineup of mobsters (Salvatore "Sammy the Bull" Gravano), gang leaders (Barry "The …
Eleventh Circuit: Documents Requested From DOJ Exempt Under FOIA by The U.S. Court of Appeals for the Eleventh Circuit held that certain documents requested from the Department of Justice (DOJ) concerning disciplinary proceedings against the Assistant United States Attorney (AUSA) were exempt under the Freedom of Information Act (FOIA). The …
Article • May 15, 2007
Presentence Investigation Reports Accessible Under Freedom Information Act by The U.S. Supreme Court held that prisoners could receive copies of their presentence investigation reports under the Freedom of Information Act (FOIA). In two separate incidents prisoners filed suit after their requests for copies of their presentence investigation reports were denied …
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