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Article • July 15, 2007 • from PLN July, 2007
BOP Settles “Terrorism” Classification Privacy Act Suit for $3,000 by BOP Settles "Terrorism" Classification Privacy Act Suit for $3,000 Plaintiff William Francis fought for more than 12 years to have what he claimed was erroneous information linking him to "terrorism" removed from his prison file. His persistence ultimately paid off. …
Article • May 15, 2007
Eleventh Circuit Defines Privacy Act Elements by The Eleventh Circuit Court of Appeals has defined the requirements for stating a Privacy Act claim, and reversed the dismissal of the complaint. Federal prisoner Angelo Perry filed a complaint against the Bureau of Prisons (BOP) for willfully and intentionally transferring [him] pursuant …
Article • May 15, 2007
IFRP Exempt from Privacy Act by The Inmate Financial Responsibility Program allows prisoners privileges such as working in UNICOR (prison industries) if they commit to a schedule for paying their court fees, restitution orders, etc. The plaintiff was put in "refuse" status essentially for spending his money down so he …
Article • March 15, 2006 • from PLN March, 2006
BOP Secret Squirrel Photo File" Suit Remanded by BOP Secret Squirrel Photo File" Suit Remanded The U.S. Court of Appeals for the D.C. Circuit has reinstated a prisoner lawsuit under the federal Privacy Act (Act) at 5 U.S.C. § 552a, et seq. The District Court for the District of Columbia …
Doe v. Balaam, NV, Strip Search Suit Complaint, 2004 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 1 of 19 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 2 of 19 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 3 of 19 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 4 of 19 Case …
Article • June 15, 2004 • from PLN June, 2004
Actual Damages Required to Maintain Suit Under Federal Privacy Act by Actual Damages Required to Maintain Suit Under Federal Privacy Act The United States Supreme Court recently held that a showing of actual damages is required in order to maintain a civil action brought under the Privacy Act of 1974. …
Retaliatory Prisoner Transfer for Exercising First Amendment Rights is "Adverse Determination" Under the Privacy Act by Bob Williams Retaliatory Prisoner Transfer for Exercising First Amendment Rights is "Adverse Determination" Under the Privacy Act by Bob Williams The Court of Appeals for the DC Circuit has held that the reclassification and …
Balisok Bars Privacy Act Claim by The U.S. Court of Appeals for the District of Columbia has held that a prisoner must succeed on habeas corpus before suing under the Privacy Act (PA), 5 U.S.C. § 552(a), if the suit would undermine a disciplinary change against the prisoner if successful. …
Article • October 15, 1997 • from PLN October, 1997
Released Prisoners Must Pay Filing Fees by The court of appeals for the District of Columbia Circuit held that PLRA fee requirements apply to all federal civil actions and must be paid by prisoners later released from prison. Shortly before being released from prison Peter Smith, a federal prisoner, filed …
Okay to Disclose Informant's Identity by David Sterling is a federal prisoner. He is also an informant. During the course of disciplinary proceedings against his cellmate, Lawrence Pekoske, Sterling provided information to Bureau of Prisons (BOP) officials under a promise of confidentiality. Pekoske filed a request to examine his prison …
BOP Must Disclose Program Statement by George Cowsen-El is a federal prisoner at Marion, Illinois. He filed a Freedom of Information Act (FOIA) request with the Bureau of Prisons (BOP) seeking disclosure of BOP program statement 5511.2, which deals with stand up counts. He also sought disclosure, under the Privacy …
Article • January 15, 1992 • from PLN January, 1992
Federal Prisoner Gets Medical Records by A federal prisoner filed a request for his medical records under the U.S. Privacy Act, 5 U.S.C. 552a. The Bureau of Prisons (BOP), released 56 pages of the prisoner's medical file, but withheld the remaining 66 pages of files, which contained the evaluations and …
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