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Article • May 15, 2007
Filed under: Medical, Abortion
Louisiana Jail Policy Banning Abortions Upheld by A policy requiring a prison inmate to obtain a court order and pay all attendant costs of a non- therapeutic abortion did not violate the Fourteenth Amendment. (The Sheriff said that this policy applied to all "elective surgery.") Under the Turner standard, the …
Ninth Circuit Upholds Prosecutor Denying Detainee Phone Access by The plaintiff, a federal pre-trial detainee held in a local jail, was placed in administrative segregation and lost telephone access based on a letter from the prosecutor to the U.S. Marshal, which requested such action because the plaintiff's superseding indictment named …
Article • May 15, 2007
RFRA Does Not Require Religious School to Recognize Union by The National Labor Relations Board ordered a religious college to recognize a union, which it objected to on grounds that it was a religiously operated institution not subject to the National Labor Relations Act and that it had religious objections …
Retroactive Federal DNA Testing for Parolees Upheld by The federal statute requiring DNA samples from everybody on supervised release was retroactively applicable to all persons who were on supervised release when it was enacted. This retroactive application did not deny due process or the Ex Post Facto Clause and was …
Article • May 15, 2007
Court Denies Defendant Transfer to Jail Closer to Counsel by The federal criminal defendant complained that she was held in a jail in Cedar Rapids, which imposed excessive travel on her attorneys, rather than in Des Moines. She also complained that the jail conditions amounted to punishment. Assuming that the …
Article • May 15, 2007
Notice Implies Consent to BOP Jail Phone Recordings by The criminal defendants were convicted based in part on recordings of their telephone calls from jail. Title III of the Omnibus Crime Control and Safe Streets Act of 1968 generally forbids telephone surveillance without a warrant, but has exceptions for instances …
Article • May 15, 2007
Trial Court Must Make Fact Findings Before Ordering Stun Belt by The application of a stun belt to a criminal defendant is governed by the same considerations and body of law as restraint devices. Such a decision "must be subjected to close judicial scrutiny to determine if there was an …
Article • May 15, 2007
Court Authorizes Use of Stun Belt on Criminal Defendant by The requirement that the criminal defendant wear a stun belt during his trial is upheld given the defendant's "rare combination of skill, ingenuity, cunning, and fearlessness" and his love of attempting to escape (extensively described), not to mention his violent …
Article • May 15, 2007
International Treaties Cannot Be Enforced By Individuals by The International Covenant on Civil and Political Rights "does not create judicially-enforceable individual rights. Treaties affect United States law only if they are self-executing or otherwise given effect by congressional legislation." (1283) See: United States v. Duarte-Acero, 296 F.3d 1277 (11th Cir. …
Court Can Appoint Amicus in Pro Se Death Penalty Case by At 800: "A federal district court possesses the inherent authority to appoint an amicus curiae to assist the court in its proceedings." (Citations omitted) Here, the court appoints independent counsel for a capital defendant who represented himself and said …
Article • May 15, 2007
Motion to Compel Discovery Denied for Not Conferring With Counsel by The plaintiff alleged excessive force, a disciplinary due process violation, and other varieties of abuse by prison staff. The court denies appointment of counsel because the plaintiff has shown he can present the facts clearly and draft pleadings and …
Article • May 15, 2007
Transportation Injury Suit Dismissed by The plaintiff alleged that he was injured in a traffic accident while being transferred, but he refused medical attention from jail medical staff. His small claims court case was dismissed based on his signing a form that the claim was satisfied, though it wasn't. The …
Article • May 15, 2007
Class of Disabled Riders Certified by A 6% rate of denial of requests for transportation for the disabled is "substantial"; the court notes that rides are regularly denied, "not for reasons outside defendants' control, but because of a lack of available seats, which in turn is attributable to defendants' insufficient …
Article • May 15, 2007
Defendant Loses Forfeiture Challenge Despite Lack of Notice by The government sent a notice of forfeiture for a confiscated vehicle to the plaintiff's home address, the prison he was believed to be held in, and the lien-holder. He was transferred to a different prison two weeks before the notice was …
VA Muslim Prisoner's Suit Over Retaliation, Clergy, Diet Dismissed by The plaintiff, a member of the Nation of Islam, complained that he was barred from services for two months after a dispute with the chaplain. The exclusion met the Turner standard. At 529: "In a prison setting, avoiding conflict is …
DC Court Lacks Jurisdiction Over Virginia DOC Officials by At 5-6: "Removing any doubt, we now hold, as has every circuit to have considered the matter, that the PLRA's exhaustion requirement simply 'governs the timing of the action' and does not contain the type of "'sweeping and direct'" language that …
Guard Loses Gender Discrimination Suit by The court holds that a New York State correction officer failed to prove gender discrimination; five incidents of harassment over four years did not establish a hostile work environment. The officer could not pursue a claim of disciplinary action, not raised in the officer's …
Suit Over Virginia DOC Drug Testing Practices Dismissed by The plaintiffs alleged that Virginia accepted money under the Violent Offenders Incarceration and Truth-in-Sentencing Incentive Grants program, which require it to implement a program of controlled substance testing for drug use, which must be consistent with the Attorney General's guidelines. The …
Article • May 15, 2007
BOP Denial of Knee Surgery Upheld by The plaintiff alleged that he was denied surgery to repair a painful knee condition because the original injury antedated his incarceration. The surgery was allegedly performed a week after he filed suit; the plaintiff denied that he had had the surgery and said …
Class of Disabled Children Certified to Avoid Mootness by Children with psychiatric disabilities challenged the failure to place them timely in a Residential Treatment Facility and sought class certification. The court certifies the class. Numerosity is presumed at a level of 40 members, and it is undisputed that the class …
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