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Article • February 15, 2005 • from PLN February, 2005
Iowa Must Give Kosher Meals to Civilly Committed Sex Offender by John E Dannenberg Iowa Must Give Kosher Meals To Civilly Committed Sex Offender by John E. Dannenberg The United States District Court (S.D. Iowa) ordered that Kosher meals be provided without co-payment to an Orthodox Jewish prisoner who is …
Iowa Sex Offender Residence Restrictions Unconstitutional by by Matthew T. Clarke A federal court in Iowa has held that the residential restrictions placed upon sex offenders by Iowa Code § 692A.2A are unconstitutional. John Does I-III, Iowa sex offenders, filed a class-action suit under 42 U.S.C. § 1983 in Iowa …
PAMII Requires Records Release in Connecticut Prisoners' Deaths by A Connecticut federal district court held that the State of Connecticut Office of Protection and Advocacy for Persons with Disabilities (Connecticut P&A), a state agency designated by Connecticut's Governor to provide protection and advocacy services to individuals with disabilities, including persons …
Indiana Jail Held in Contempt, Sanctions Imposed by An Indiana federal district court held that the sheriff of Marion County was in contempt of court for failing to comply with the court's previous orders relating to conditions at the County's jail. While the court held that punitive sanctions would not …
CCA Medical Contract Doesn't Violate 8th Amendment by The Sixth Circuit Court of Appeals has vacated an injunction holding a contract between Corrections Corporation of America (CCA) and a private doctor; Dr. Robert B. Coble, was unconstitutional. The contract at issue required Dr. Coble to, among other things, "determine the …
No Qualified Immunity in Civil Commitment Phone Monitoring by The Ninth U.S. Circuit Court of Appeals reversed summary judgment granted by the U.S. District Court, Western District of Washington, to officials at the Special Commitment Center (SCC) for sex offenders at McNeil Island, Washington. This case is part of ongoing …
Two Level Review Required for Publication Rejection, but Qualified Immunity Granted by The Ninth Circuit Court of Appeals held the failure to provide a two-level review process when rejecting incoming publications violated procedural due process, but granted prison officials qualified immunity for the violation. Arizona prisoner Lawrence Krug filed a …
Article • May 15, 2004 • from PLN May, 2004
Washington Medical Claim Reinstated by The U.S. Ninth Circuit Court of Ap-peals reversed part of a grant of summary judgment to Washington State Penitentiary (WSP) officials in an Eighth Amendment challenge of WSP medical policies and practices. WSP prisoner Garrett Linderman sued WSP officials under 42 U.S.C. § 1983 for …
Article • May 15, 2004 • from PLN May, 2004
Excessive Heat Still Plagues Baltimore Women Detainees by Bob Williams Despite a 2002 federal district court Consent Order finding conditions at the Women's Detention Center of the Baltimore City Detention Center (WDC) unconstitutional due to excessive heat and despite an injunction issued to immediately remedy the problem, WDC women continue …
Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process by Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process The Ninth Circuit Court of Appeals held that under Oregon law, state mental hospitals have a duty to accept mentally incapacitated criminal defendants for evaluation and treatment, once certified as mentally incapacitated by …
Wisconsin Prisoners' Riot Charges Expunged From Records by The Wisconsin Court of Appeals has affirmed a circuit court's order overturning and expunging seven prisoners' disciplinary infractions for participating in a riot, barring future disciplinary action premised upon the riot, but allowing proceedings for future administrative confinement for involvement in the …
BOP Proper Defendant in Work Release Change Suit under ADA by The plaintiffs are criminal defendants who received judicial recommendations that they serve their sentences in a community corrections center, but were denied such placement pursuant to the Department of Justice's abruptly announced change of policy barring it except for …
Article • November 15, 2003 • from PLN November, 2003
Washington Mail Ruling Published by We reported in the September 2003 issue on a suit brought by PLN where the court issued permanent injunctions ordering the Washington DOC to deliver all bulk mail and catalogs sent to Washington prisoners and to provide due process to the sender and intended recipient …
Article • October 15, 2003 • from PLN October, 2003
Washington SCC Injunction and Contempt Order Upheld by On February 26, 2003, U.S. District Judge Barbara Rothstein upheld an injunction and contempt order issued against the superintendent and clinical director of the Special Commitment Center ("SCC") at McNeil Island, Washington. The SCC houses former prisoners civilly committed as "sexually violent …
Receipt of Federal Funds Waives Eleventh Amendment Immunity for Rehabilitation Act by The U.S. Third Circuit Court of Appeals has affirmed in part and reversed in part a Pennsylvania Federal District Court's grant of summary judgment to state defendants in a prison employee's claim involving the Rehabilitation Act (RA) and …
Washington DOC Ban on Bulk Mail and Catalogs Enjoined in PLN Suit, Due Process Required by Paul Wright Washington DOC Ban on Bulk Mail and Catalogs Enjoined in PLN Suit, Due Process Required by Paul Wright On June 17, 2003, Seattle federal district court judge Robert Lasnick issued a permanent …
Article • August 15, 2003 • from PLN August, 2003
Oregon HCV Suit Certified as Class Action by On December 19, 2002, Oregon prisoners suing prison officials for refusing to properly diagnose and treat their hepatitis C virus (HCV) were handed an important victory, when a federal judge issued a 37-page Opinion and Order, certifying the suit as a class …
Eighth Circuit: BOP Prisoners Have No Liberty Interest in Visits by by Matthew T. Clarke The Eighth Circuit court of Appeals held that the suspension of a prisoner's visitation rights with his wife and two other women for eighteen months was not a significant and atypical hardship and therefore did …
Article • July 15, 2003 • from PLN July, 2003
Joinder of Georgia Annual Parole Hearing Injunction is Rejected by The Eleventh Circuit US Court of Appeals rejected the attempt of a Georgia life prisoner to use the mechanism of joinder (Fed.RulesCiv.Proc. Rule 20(a)) to gain the benefit of another life prisoner's injunction providing for annual parole consideration hearings. James …
Statutes Affecting Disabled Prisoners by Daniel E. Manville In the past couple of years, there have been a number of changes to federal statutes that provide protections to those confined with disabilities. This article discusses those changes. Additional rights that the disabled may have under federal and state constitutional provisions, …
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