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Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge by A Michigan District Court has granted in part and denied in part Michigan Department of Corrections (MDOC) officials' motion to dismiss a state prisoner's suit against MDOC under the Americans with Disabilities Act (ADA), 42 U.S.C. §12101, et. seq., and the …
Brutal Jail Conditions Warrant Reduced Federal Prison Sentence by A federal court judge granted a defendant's request for a reduced prison sentence based upon the abject conditions of pre-sentence confinement in a New York Jail. Elvin Francis came before a U. S. District Court where he pled guilty to illegal …
Habeas Hints: Editor's Choice by Kent Russell This column is intended to provide habeas hints for prisoners who are considering or handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas …
ADA/RA Suit for Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E Dannenberg ADA/RA Suit For Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E. Dannenberg The Eighth Circuit US Court of Appeals ruled that a deaf-mute Missouri State prisoner's ADA (Americans with Disabilities Act) and …
New York Failure to Protect Claim Set for Trial: Bilingual Counsel Appointed by A prison guard's motions for summary judgment and dismissal of a prisoner's 42 USC § 1983 action were denied after a federal district court found that further discovery was required and the prisoner's failure to follow orders …
Class Action Medical Neglect Suit Filed Against CDC by Alleging that the California Department of Corrections (CDC) violates the Eighth Amendment protection against cruel and unusual punishment by providing seriously inadequate medical care to state prisoners, the Prison Law Office and the law firms Pillsbury Winthrop and McCutchen Doyle Brown …
Sweeping ADA/RA Jail Settlement Benefits Hearing Impaired Prisoners by by Matthew T. Clarke A federal district court in California has approved a sweeping settlement of hearing impaired prisoners' claims in a civil rights, Americans with Disabilities Act (ADA), and Rehabilitation Act (RA) class-action suit against the Santa Clara County (California) …
Article • May 15, 2000 • from PLN May, 2000
Court Modifies Education Plan for Rikers Island Youth by David Reutter by David M. Reutter In continuing its enforcement of an "Education Plan" for the Rikers Island Academies, a New York federal district court has made modifications to the Plan because it is "deficient in many respects." PLN previously reported …
Qualified Immunity Granted for Pre-1996 ADA Violation by The court of appeals for the Sixth Circuit held that it was not clearly established before 1996 that the Americans with Disabilities Act, (ADA), and Rehabilitation Act of 1973, (Rehabilitation Act), apply to state prisoners. As such, the court concluded that prison …
ADA and RA May Require Sign Language Interpreters by Eighth Circuit held that a deaf-mute prisoner stated a prima facie claim against the Missouri Department of Corrections (MDOC) for violations of the Rehabilitation Act (RA) and Title II of the Americans with Disabilities Act (ADA) for failing to provide him …
Franklin Reversed; DC Prisoners Have No Right to Qualified Interpreters by The court of appeals for the D. C. Circuit held that Spanish-speaking prisoners have no right to qualified interpreters at parole hearings, disciplinary hearings, or for medical and mental health treatment. Spanish-speaking prisoners in the District of Columbia (District) …
Settlement in Washington State Deaf Prisoners' Lawsuit by Jeff Crollard Aclass action lawsuit was settled on behalf of deaf and hearing-impaired prisoners in Washington State on September 3, 1998. The settlement agreement obligates the Washington State Department of Corrections to provide qualified sign language interpreters and assistive devices, such as …
Sign Language Interpreters Required in Missouri by Sign Language Interpreters Required In Missouri The federal district court in Missouri granted a deaf prisoner injunctive relief and partial summary judgment for prison officials' failure to provide a sign language interpreter at disciplinary hearings, routine medical visits, classification hearings, and educational programs. …
Pretrial Detainees Not Covered by FLSA by Pretrial Detainees Not Covered By FLSA The court of appeals for the eleventh circuit held that pretrial detainees who perform services at the direction of jail officials for the benefit of the facility are not covered by the federal Fair Labor Standards Act …
Spanish Speaking Prisoners Entitled to Interpreters by In a wide ranging and extensive ruling a federal court in the District of Columbia held that by failing to provide interpreters to non English speaking Hispanic prisoners the DOC violated the plaintiffs' eighth and fourteenth amendment rights. As the first published ruling …
Deaf Prisoners in Washington Seek Class-Wide Relief by David C Fathi by David C. Fathi, Jeff B. Crollard and Leonard J. Feldman Lawyers representing two deaf prisoners in a lawsuit against the Washington Department of Corrections (WDOC) are seeking to broaden the suit into a class action on behalf of …
Retaliation Verdict Reversed by In the February, 1996, issue of PLN we reported Sisneros v. Nix, 884 F. Supp. 1313 (D IA 1995), where a district court in Iowa awarded a prisoner $7,639.70 in damages after finding the prisoner had been subjected to a retaliatory prison transfer after filing suit …
Article • August 15, 1996 • from PLN August, 1996
Supreme Court Reverses Court Access Case by Paul Wright In the June, 1995, issue of PLN we reported Casey v. Lewis, 43 F.3d 1261 (9th Cir. 1994) in which a unanimous panel of the ninth circuit court of appeals affirmed most of a lower court ruling designed to ensure Arizona …
Illinois DOC Violates Court Access Rights by A federal district court in Illinois held that the Illinois DOC violates the rights of segregated prisoners by requiring them to rely on a "runner system" in order to do legal research and litigate their claims. In a lengthy post trial ruling examining …
$7,639.20 Awarded in Retaliatory Transfer by Afederal district court in Iowa awarded $7,639.20 in compensatory and punitive damages to a prisoner who was transferred from an Iowa state prison to Arizona in retaliation for suing and filing grievances against Iowa prison officials. The plaintiff, Alfonso Sisneros, was largely successful on …
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