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Article • June 15, 2006 • from PLN June, 2006
Dismissal of the Publisher/Approved Vendor Only Challenge Reversed by The Sixth Circuit Court of Appeals reversed a district courts sua sponte dismissal of a Michigan prisoners claims that rejection of a religious publications violated the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA). On November 1, …
Article • June 15, 2006 • from PLN June, 2006
Second Circuit: Drug-Abuse Based Denial Of HCV Treatment Is Actionable by John E Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals permitted a prisoners damages claim against the New York Department of Corrections (DOC) to proceed after he had been denied treatment for his Hepatitis-C (HCV) …
§ 1997e(e) Governs First Amendment Claims in Fifth Circuit by The Fifth Circuit Court of Appeals upheld a district courts dismissal of a pro se prisoners §1983 action, as frivolous and barred by the physical injury requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e). The court …
PLRA Does Not Apply to Released Prisoner by In remanding for further proceedings, the Tenth Circuit Court of Appeals held that the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA) does not apply to persons not imprisoned when the suit is filed. Before the Tenth Circuit was the …
Article • June 15, 2006 • from PLN June, 2006
Qualified Immunity Denied in Illinois Jail Rape Case by The Seventh Circuit Court of Appeals affirmed the denial of qualified immunity for failing to protect a pretrial detainee from being raped by his cellmate. In 1999, David Velez was confined in the Milwaukee County, Wisconsin Jail. In late August, Velez …
Alabama Supreme Court Sidesteps Merits of Suit Challenging Contracted Prison Labor by The Alabama Supreme Court denied class certification and sidestepped ruling on the merits of a prisoners claim that prison officials illegally contracted out his labor to a private company. Before the Court was the appeal of prisoner Darrell …
SJ Reversed on Delaware Detainee Triple-Celling Claim; Due Process, Not Eighth Amendment Controls by The Third Circuit Court of Appeals held that a Delaware District Court improperly analyzed a conditions of confinement claim brought by pre-trial detainees under the Eighth Amendment, rather than the Due Process Clause of the Fourteenth …
Article • June 15, 2006 • from PLN June, 2006
Federal Court Filing Fees Increased, Cost of Justice Too High for Many Prisoners by As of April 10, 2006, the fee for filing civil complaints in U.S. District Courts, or having state cases removed to federal court, increased from $250 to $350. Note that this increase applies to lawsuits and …
Article • June 15, 2006 • from PLN June, 2006
Florida Muslim's Forced Shave Challenge Remanded by David Reutter Florida Muslim's Forced Shave Challenge Remanded by David Reutter Floridas First District Court of Appeal has reversed a circuit courts order denying a petition seeking to declare the Florida Department of Corrections (FDOC) shave policy unconstitutional when applied to Muslims. Prisoner …
Article • June 15, 2006 • from PLN June, 2006
California Ex-Con DNA Collection Law Ruled Not Retroactive by John E Dannenberg by John E. Dannenberg The U.S. District Court, N.D. Cal., ruled that Californias recent Proposition 69, which provides for DNA collection from all convicted persons, does not apply retroactively to exconvicts who have been discharged from custody, parole …
Brief • June 9, 2006
Filed under: Damages
Diaz v. Romita, MI, Verdict From Beating Case, 2006 Case 2:05-cv-70928-VAR-DAS Document 43 Filed 06/09/2006 Page 1 of 6 Case 2:05-cv-70928-VAR-DAS Document 43 Filed 06/09/2006 Page 2 of 6 Case 2:05-cv-70928-VAR-DAS Document 43 Filed 06/09/2006 Page 3 of 6 Case 2:05-cv-70928-VAR-DAS Document 43 Filed 06/09/2006 Page 4 of 6 Case …
Limited Scope Compliance Evaluation, Illinois Youth Center Kewanee, 2006
Article • May 15, 2006 • from PLN May, 2006
PLRA Exhaustion Requirement Inapplicable to Suit Filed When Plaintiff Not Incarcerated by The Eighth Circuit Court of Appeals has upheld an Iowa District Courts order denying a plaintiff in forma pauperis status, but reversed its order dismissing the 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. Proceeding …
Native American California Prisoner Entitled to Religious Exception from Prison Hair Grooming Policy by John E Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals, applying the Religious Land Use and Institutionalized Person Act (RLUIPA) (42 U.S.C. § 2000cc, et seq.), held that the blanket three-inch hair length …
Ninth Circuit Reverses Denial of IFP Status Under §1915(g); Defendants Bear Burden of Establishing I by Ninth Circuit Reverses Denial of IFP Status Under §1915(g); Defendants Bear Burden of Establishing IFP Disqualification In a case of first impression, the Ninth Circuit Court of Appeals held that defendants bear the burden …
New York Brutality Settlement Affecting Twenty Two Prisoners, Fourteen Units Settles for $2.2 Millio by Gary Hunter New York Brutality Settlement Affecting Twenty Two Prisoners, Fourteen Units Settles for $2.2 Million by Gary Hunter Settlement of a 4-year-old lawsuit, between brutalized prisoners and the guards who attacked them, was achieved …
Connecticuts Mistreatment of Mentally Ill Prisoners and Detainees Enjoined by John Dannenberg Connecticuts Mistreatment of Mentally Ill Prisoners and Detainees Enjoined by John E. Dannenberg The Connecticut Department of Corrections (CDOC) entered into a settlement agreement in September 2005 that specified extensive changes to its policies for confining and treating …
Article • May 15, 2006 • from PLN May, 2006
West Virginia Prisoner Sued By Victims Mother Following $50,000 Award by West Virginia Prisoner Sued By Victims Mother Following $50,000 Award On August 16, 2005, state prisoner Mark Allen Harris was awarded $50,000 for facial injuries he sustained when he fell out of a jail van. Two days - later, …
Texas Prisoner Writers Retaliation Lawsuit Proceeds by David Reutter Texas Prisoner Writers Retaliation Lawsuit Proceeds by David M. Reutter A Texas federal district court has granted in part and denied in part prison officials motion to dismiss Texas prisoners lawsuit alleging he was retaliated against for having articles published criticizing …
Article • May 15, 2006 • from PLN May, 2006
New York Prisoner Awarded $2,760 for Improper Confinement/Denial Medical Care by New York Prisoner Awarded $2,760 for Improper Confinement/Denial Medical Care The New York Court of Claims in Rochester has awarded prisoner Patrick Vaughn $2,760 on his claim that he was unlawfully confined and that his medical condition was not …
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