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Article • May 15, 2007
No Modification of Mental Hospital Consent Decree by The defendants wanted to get out of a consent judgment governing a mental health facility, and the court doesn't let them, because even though the facility is closed, it is not established that the discharged patients have been treated consistently with the …
Article • May 15, 2007
Seventh Circuit Discusses Injury in Court Access Suits by The plaintiff, seeking post-conviction relief, was held in a jail whose law library he deemed inadequate, and he was not able to obtain disbursement forms to buy legal materials because he did not provide prison officials with the reason for his …
Right to Privacy Survives Death under FOIA by The Freedom of Information Act's exemption for law enforcement records the disclosure of which "could reasonably be expected to constitute an unwarranted invasion of personal privacy" is not limited to disclosure of records concerning the person whose privacy is at issue. Here, …
Article • May 15, 2007
Defendants Held in Contempt in Trademark Suit by The defendants are held in contempt in a trademark infringement and dilution case. The defendants are not excused on the ground of impossibility of compliance. At 377: "That reasonably, if not easily, avoidable violations occurred ten days after the Order's entry indicates …
Article • May 15, 2007
Class of Homeless Children Seeking Education Certified by The court certifies a class of homeless children who alleged that school enrollment and transportation procedures violate the McKinney Act and deny equal protection. At 324: The Defendants urge that the legal issue can only be decided on an individual basis because …
New Exhaustion Not Required for Enforcement of IDEA Remedy by An IDEA plaintiff who exhausted administrative remedies but remained aggrieved because the resulting IEP was not carried out was not required to exhaust again to enforce the initial decision. The fact that an IEP is supposed to be updated once …
Article • May 15, 2007
Pennsylvania DOC Rule Denying Sex Offenders Visits with Minors Upheld by The plaintiff, convicted of involuntary deviate sexual intercourse against his stepdaughter, was denied contact visits with his children pursuant to a prison regulation denying contact visits with minors to all prisoners ever convicted of sex offenses against minors, notwithstanding …
Article • May 15, 2007
No Disclosure of Informants Records by The plaintiff federal prisoner sought information on another prisoner, now escaped, whose testimony helped convict the plaintiff. On remand after National Archives and Records Administrative v. Favish, the court holds that the plaintiff's "bare suspicion" of government wrongdoing (i.e., that the informant lied) is …
Article • May 15, 2007
Challenge to Maryland's Lethal Injection Procedure Allowed by The plaintiff challenged Maryland's lethal injection procedure, alleging that during the last execution the barbiturate leaked all over the floor. His claim is a proper § 1983 claim under Nelson v. Campbell, since the issue here is the administration of an IV, …
9/11 Immigration Detainee Challenges Denial of Counsel, Religious Diet by The plaintiff was arrested on September 12, 2001, on the belief that he was connected with the 9/11 hijackers, and transferred to a federal prison, where he was subjected to a visual body cavity search viewed by multiple male and …
Article • May 15, 2007
University of Texas Medical Branch Not Subject to Federal Suit for Not Diagnosing Cancer by The plaintiff federal prisoner complained of undiagnosed cancer and sued among others the University of Texas Medical Branch (UTMB). UTMB is a state agency and protected by sovereign immunity. Texas has not waived its sovereign …
Article • May 15, 2007
NY Prisoner Suit Dismissed for Failing to Exhaust by The plaintiff says he filed grievances but his appeals are still pending. The court dismisses for non-exhaustion. The court doesn't say how long they have been pending, and doesn't mention any deadline for grievance decisions or address the view some courts …
Palestinian Prisoners and International Law by By Audrey Bomse INTRODUCTION: Since 1967, well over 650,000 Palestinians from the West Bank and Gaza have been detained by Israel for resisting the Occupation. This constitutes approximately 20% of the total Palestinian population in the Occupied Territories and 40% of the total male …
Article • May 15, 2007
Obstructing Murder Investigation May Implicate Court Access by Adult children of an African-American woman who was murdered by whites in 1964 during a period of racial unrest sued the Sheriff on the ground that he had denied them access to courts by obstructing the investigation into the murder. At 1282: …
Article • May 15, 2007
New York Disciplinary Procedures Violate Due Process, Prisoner Awarded $750 by The U.S. District Court for the Northern District of New York held that disciplinary procedures extending prisoners' time in punitive segregation violated due process and that the prison's strip search policy violated the Fourth Amendment. Prisoners Zachary Morgan, Born-Allah, …
El Paso County Jail Conditions Unconstitutional by The Fifth Circuit Court of Appeals reviewed a district court's order that found conditions at Texas' El Paso County Jail were unconstitutional and ordered injunctive relief to correct the violations. The district court ordered that exercise and recreational areas be installed; prisoner diets …
Article • May 15, 2007
Federal Deportation Detainees Stage Sit-In to Protest Delayed Hearings by On September 21, 2005, 950 deportation detainees at the federal Mira Loma Detention Center in Lancaster, California refused to return to their barracks for four hours after their 7 a.m. breakfast until prison officials assured them that their concerns regarding …
Raped Prisoner's § 1983 Suit States Claim by Raped Prisoner's § 1983 Suit States Claim The U.S. District Court for the District of Nevada held that a prisoner's civil rights suit against county commissioners stated a claim. After allegedly being raped by fellow prisoners in the Washoe County (Nevada) Jail, …
Article • May 15, 2007
Arkansas Must Acknowledge Prisoner's Muslim Name by The U.S. Eighth Circuit Court of Appeals held that Arkansas prison officials must acknowledge a Muslim prisoner's Islamic name. An Arkansas state prisoner of the Islamic faith who had his name legally changed to Bilal Ali Salaam while imprisoned brought pro se civil …
Article • May 15, 2007
Florida's Private Prison Industry Corporation Sues Spinoff by Florida's private prison industry corporation, Prison Rehabilitation Industries and a Diversified Enterprises (PRIDE), has sued its spinoff company to recover some of the millions spent to prop up that company. The lawsuit comes after over a year of scrutiny into PRIDE's corporate …
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