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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 …
$1,500,000 Verdict in Half-Way Houses' Failure to Warn by After he was released from a Florida prison, Elmer Leon Carroll went to live at The Lighthouse Mission of Orlando. Carroll had a history of rape and had been in prison for nine of the 15 years prior to committing the …
Article • May 15, 2007
No Right to International Transfer to UK Prison by The plaintiff, a British citizen, sought to make the state convert his sentence from an indeterminate one to a determinate one so Britain would accept him under the Convention on the Transfer of Sentenced Persons. The federal court lacks mandamus jurisdiction …
ADA Suit by Alcoholic Work Release Residents Dismissed by Residents of a halfway house for alcoholics were disabled for purposes of the disability statutes, since alcoholism is a recognized disability and since the halfway house only admitted persons who inter alia were determined to be unable to abstain without continued …
Alcoholism is a Disability by Alcoholism is an "impairment" under the disability statutes; to be a disability, an impairment must substantially limit one or more major life activities, and the impact must be "permanent or long-term." Major life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, …
Beating, Tasering Claim Withstands Summary Judgment by The plaintiff alleged that he was beaten and repeatedly shocked with an electric stun gun by staff without justification and while he was in restraints. These allegations are sufficient to defeat summary judgment for defendants since the conduct alleged is "repugnant to the …
ADA Group Home Suit Not Moot by The plaintiffs' claim against a fire department of disability discrimination against a group home was not mooted by its changed interpretation of the fire code, since the interpretation might change back. At 574: "The defendant's burden is a heavy one to ensure the …
Article • May 15, 2007
New BOP Work Release Policy Upheld by The Bureau of Prisons' interpretation of its general statutory authority as not including placement in community correctional centers (CCCs), and of the CCC statute as authorizing placement only for the last 10% of a prisoner's sentence, were permissible, and this new interpretation did …
BOP Prisoner Granted PI for Release Placement by The plaintiff was informed that contrary to past practice, he could not be considered for pre-release designation to a community correction center for more than 10% of his prison term or six months. He is granted a preliminary injunction. The Department of …
Article • May 15, 2007
BOP Prisoner Wins Habeas in Work Release Challenge by Contrary to the Department of Prisons' abrupt change in policy declaring that prisoners could not be placed in a community corrections center for more than 10 per cent of their sentences, a CCC is a "penal or correctional facility" under the …
Article • May 15, 2007
BOP Ordered to Review Work Release Application by The petitioner sought a writ of habeas corpus because he was excluded from placement in a community confinement center (CCC) for more than the last six months of his sentence pursuant to the abruptly announced change in policy by the Federal Bureau …
Article • May 15, 2007
Judge Revises Previous Order Based On Special Master Report by In response to action filed by prisoners in Monmouth County Correctional Institution, a New Jersey county jail, a district judge ordered various improvements in recreation, visitation and living conditions. The judge also ordered certain facility renovations and set a population …
Article • May 15, 2007
BOP Proper Defendant in Work Release Change Suit under APA 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 • May 15, 2007
Filed under: Work Release, Sentencing
Resentencing Required After BOP Changes Work Release Rule by The criminal defendant alleged that the district court sentenced him under the belief that he could be placed in a community corrections center, and that if it had known the real state of the law it would have given him a …
Article • May 15, 2007
BOP Work Release Injunction Vacated as Moot by The plaintiff was notified he would be transferred out of a community corrections center pursuant to the Department of Justice's abruptly announced policy change prohibiting assignment to such facilities except for the last 10% of a prisoner's sentence. He obtained a preliminary …
Article • May 15, 2007
Preliminary Injunction Granted in BOP Work Release Suit by The plaintiff took a plea with the expectation based on past practice that he would serve his sentence in a halfway house; the probation office so recommended to the sentencing judge, who adopted the recommendation. The Department of Justice then decided …
Article • May 15, 2007
Third Circuit Invalidates BOP's 2005 CCC Regs. by In the latest chapter of the saga previously reported in PLN concerning Bureau of Prison (BOP) Community Correction Center (CCC) eligibility, the Third Circuit Court of Appeals invalidated BOP regulations adopted in 2005 that restricted CCC placement, finding the regulations were contrary …
BOP Enjoined in Transferring Prisoners from Work Release by The court grants a preliminary injunction against the transfer of three persons serving sentences in community confinement centers who have been notified that they will be transferred to a federal prison for the remainder of their sentences based on the Department …
No Immunity for Retaliatory Work Release Discipline by The plaintiff was on work release. He alleged that he had a dispute with an officer, filed a grievance against the officer, who then filed a false disciplinary report against him; the officer was allowed to participate in the hearing and dictated …
Administrative Exhaustion in Medical Neglect Claims Discussed by The plaintiff complained of medical neglect during a period in which he was transferred among facilities; he filed two grievances and exhausted them. Defendants argued that he did not sufficiently exhaust all the occurrences at all the prisons. The court addresses a …
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