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Sovereign Immunity Withstands RLUIPA; Jewish Succah may be Permissible Religious Exercise by Sovereign Immunity Withstands RLUIPA; Jewish Succah May be Permissible Religious Exercise by David M. Reutter The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not waive a state’s Eleventh Amendment sovereign immunity from suit for monetary damages. …
Some States Resist Implementing Adam Walsh Act Requirements by Under the federal Adam Walsh Act, also known as the Sex Offender Registration and Notification Act (SORNA), states were required to implement standardized and stringent registration requirements for sex offenders by July 27, 2011 – following two extensions from the original …
Article • November 15, 2011
False Claims Act’s Seal Provisions Held Unconstitutional by The Seal provisions of the False Claims Act (FCA) do not violate the First Amendment, the U.S. Court of Appeals for the Fourth Circuit decided March 28, 2011. The FCA allows private citizens to bring suit on behalf of the United States …
Article • November 15, 2011
FOIA’s Privacy Exemptions Do Not Apply to Corporations, Supreme Court Holds by Exemption 7(c) of the Freedom of Information Act (FOIA) allows the withholding of records that “could reasonably be expected to constitute an unwarranted invasion of personal privacy,” 5 U.S.C. § 552 (b) (7) (c). The third circuit held …
U.S. Supreme Court: No Monetary Damages Against States Under RLUIPA by On April 20, 2011, the U.S. Supreme Court ruled that state sovereign immunity bars recovery of monetary damages under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, et seq. Harvey Leroy Sossamon III, a …
Article • July 15, 2011 • from PLN July, 2011
Fourth Circuit Upholds Federal Civil Commitment Statute Against Constitutional Challenge by The procedures for civil commitment of “sexually dangerous” federal offenders do not violate due process, the U.S. Court of Appeals for the Fourth Circuit held on December 6, 2010. In 2006, the United States initiated civil commitment proceedings against …
Inmate Accident Compensation Act Does Not Preclude Bivens Remedy by The Inmate Accident Compensation Act (IACA), 18 U.S.C. § 4126, does not preclude a federal prisoner from bringing a claim under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) for work-related injuries that …
U.S. Supreme Court Holds California’s Prison Overcrowding Violates Eighth Amendment, Must be Remediated by Population Reduction by John Dannenberg by John E. Dannenberg In a landmark ruling upholding provisions of the Prison Litigation Reform Act (PLRA) that permit specially convened three-judge federal court panels to order reductions in state prison …
Article • June 15, 2011 • from PLN June, 2011
Ninth Circuit Rejects Challenge to BOP’s Implementation of Second Chance Act by On December 6, 2010, the U.S. Court of Appeals for the Ninth Circuit ruled against federal prisoners who argued that the federal Bureau of Prisons (BOP) was not properly implementing the Second Chance Act (SCA), a law designed …
Article • June 15, 2011 • from PLN June, 2011
Federal Cell Phone Ban Becomes Law; California Bill Vetoed, then Re-Introduced by Brandon Sample Legislation barring the possession or use of cell phones by federal prisoners, the Cell Phone Contraband Act (S.1749), was signed into law by President Obama in August 2010. The legislation comes in response to a rising …
Article • May 15, 2011
Ninth Circuit: “Some Evidence” of Offense Viciousness Justifies Denial of Lifer’s Parole by Marvin Mentor The Ninth Circuit U.S. Court of Appeals held that the denial of a second degree murderer’s parole by the California parole board (BPT), based upon factors relating solely to the commitment offense, was justified when …
WA DOC Employee’s Federal Maritime Claims Not Precluded by State Law by The Court of Appeals for the State of Washington, Division II, has reversed and remanded a Department of Corrections (DOC) employee’s federal maritime claim against the DOC. One day while Scott Maziar was riding the ferry home from …
U.S. Supreme Court Asks Montana Supreme Court to Address Whether FJDA Conviction Requires Registration Under Montana Law by On June 7, 2010, the U.S. Supreme Court certified a question to the Montana Supreme Court in order to decide whether a petition for writ of certiorari currently pending before the Court …
Felon Disenfranchisement Statute Does Not Violate Voting Rights Act by Brandon Sample The good news for Washington state prisoners wanting to restore their voting rights? The state’s felon disenfranchisement statute violates the Voting Rights Act (VRA), a panel of the U.S. Court of Appeals for the Ninth Circuit held on …
Article • March 15, 2011 • from PLN March, 2011
Social Security Audit Criticizes Prisoners’ Access to Personal Data; Federal Legislation Passed by Matthew Clarke by Matt Clarke On March 12, 2010, the Office of the Inspector General (OIG) of the Social Security Administration (SSA) released an audit report on prisoners’ access to Social Security numbers (SSNs). The report criticized …
U.S. Supreme Court Holds Federal Civil Commitment Statute Lawfully Enacted by Brandon Sample Congress did not exceed its powers under the Necessary and Proper Clause in authorizing the federal civil commitment of “sexually dangerous” federal prisoners upon the completion of their sentences, the U.S. Supreme Court decided May 17, 2010. …
Article • September 15, 2010 • from PLN September, 2010
Congress Passes Law to Reduce Crack/Powder Cocaine Sentencing Disparity by Anthony Papa On August 3, 2010, President Obama signed into law historic legislation that reduces the two-decades-old sentencing disparity between federal crack and powder cocaine offenses. House Republicans and Democrats are in agreement that U.S. drug laws are too harsh …
Freedom Forum CEO Charles Overby’s Dark History with Corrections Corporation of America by Beau Hodai Charles L. Overby is a man who leads dual lives; a man who has each foot planted firmly in two very different worlds. In one world he is a champion of the free press. In …
Article • November 15, 2009 • from PLN November, 2009
U.S. Senator John Ensign, Author of Ensign Amendment, Falls From Grace by Brandon Sample There is nothing like a good sex scandal to get things stirred up in Washington, and it’s even better when the scandal involves the likes of U.S. Senator John Ensign, a conservative Republican and member of …
Article • August 15, 2009 • from PLN August, 2009
Report Recommends Lawmakers Reinstate College Programs in Prison by David Reutter by David M. Reutter Citing the benefits of college prison programs, a report by the Correctional Association of New York recommended several policy changes to increase and recognize participation in degree-awarding programs. The report says the principal benefits of …
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