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FOIA Exemption for Personal Privacy Requires Factual Basis

Article • February 15, 2009

Filed under: Summary Judgment, Disclosure of Records, Federal Statutory Law, Freedom of Information Act

FOIA Exemption for Personal Privacy Requires Factual Basis by The D.C. Circuit Court of Appeals held that while the Freedom of Information Act (FOIA) exempts government agencies from releasing data that amounts to an “unwarranted invasion of personal privacy,” summary judgment would not be permitted when a factual dispute existed …

District Of Columbia Moultrie Courthouse Deemed Seriously Substandard

Article • February 15, 2009

Filed under: Totality of Conditions, Immunity/Liability, Premises Liability

District Of Columbia Moultrie Courthouse Deemed Seriously Substandard by The U.S. Department of Justice (DOJ), Office of the Inspector General (OIG), prepared a report revealing substandard conditions as well as safety and security inadequacies at the District of Columbia's (DC) H. Carl Moultrie I Courthouse. In 1975, construction began on …

Officials Agree To Cap Population at D.C. Jail

Article • February 15, 2009 • from PLN February, 2009

Filed under: Totality of Conditions, Overcrowding, Injunctions (PLRA), Injunctions, Sanctions, News, State Legislation

Officials Agree To Cap Population at D.C. Jail by Michael Rigby After decades of fighting lawsuits, skirting court orders, and defying legislative decrees, the District of Columbia Mayor’s Office has finally agreed to a definitive population cap at the notoriously overcrowded and dangerous D.C. Jail. Under the terms of the …

BOP Agrees to Provide Wine to Prisoner for Religious Rituals

Article • February 15, 2009 • from PLN February, 2009

Filed under: Federal Statutory Law, Religious Freedom Restoration Act, Religious Diet, Religious Practices, Religious Property

BOP Agrees to Provide Wine to Prisoner for Religious Rituals by Brandon Sample On September 18, 2008, the Bureau of Prisons (BOP) settled a lawsuit brought under the Religious Freedom Restoration Act (RFRA) for wine during various religious rituals. Brandon Sample, a federal prisoner and PLN contributing writer, sued the …

§ 1983 & Bivens Procedural Defaults Under § 1915 Must State Specificity For Dismissal

Article • January 15, 2009

Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA), Frivolous Litigation, Filing Fees

§ 1983 & Bivens Procedural Defaults Under § 1915 Must State Specificity For Dismissal by Bob Williams By: Bob Williams District of Columbia (Washington) prisoners Michael and Charles Thompson individually motioned for leave to proceed in forma pauperis (IFP) to appeal their 42 U.S.C. § 1983 dismissals. The government argued …

DC Circuit Rejects Waiver of Psychotherapist-Patient Privilege

Article • January 15, 2009

Filed under: Civil Procedure, Discovery, Employee Litigation, Disabled Employees, Age Discrimination

DC Circuit Rejects Waiver of Psychotherapist-Patient Privilege by The U.S. Court of Appeals for the District of Columbia (DC) held that a patient’s communications with his therapist were privileged and not subject to discovery. The Court found that there had been no implied or express waiver of the psychotherapist-patient privilege. …

No Liberty Interest in DC Parole

Article • January 15, 2009

Filed under: Liberty Interests, Sentencing, Parole, Habeas Corpus

No Liberty Interest in DC Parole by The Seventh Circuit Court of Appeals held that a District of Columbia (DC) prisoner did not have a liberty interest in parole, and that his denial of parole and 36-month parole set-off were not arbitrary. In 1999, Joseph Thompson was convicted in the …

“Habeas Hints”

Article • December 15, 2008 • from PLN December, 2008

Filed under: Sentencing, Habeas Corpus

“Habeas Hints” by Kent A. Russell by Kent Russell This column is intended to provide “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus practice under AEDPA, the 1996 habeas corpus …

EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds

Article • December 15, 2008 • from PLN December, 2008

Filed under: Attorney Fee Awards, Paralegals, Federal Statutory Law, Equal Access to Justice Act

EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds by EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds The Equal Access to Justice Act (EAJA) authorized prevailing parties to obtain reimbursement of fees expended on paralegal services …

Sample v. BOP, DC, Settlement, FOIA phones ITS transfers and commissary, 2008

Brief • December 4, 2008

Filed under: Transfers, Commissary

Sample v. BOP, DC, Settlement, FOIA phones ITS transfers and commissary, 2008 Case 1:06-cv-00715-PLF Document 111 Filed 12/04/2008 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA B~DON SAMPLE, ~ al. , ) ) Plaintiffs, ) ) v. ) Civil Action No. 06-715 PLF ) Federal …

Wright et al v. Securus DC, Plf Alternative Rulemaking Proposal, telephone rates, 2008

Brief • November 19, 2008

Filed under: Telephone Rates

Wright et al v. Securus DC, Plf Alternative Rulemaking Proposal, telephone rates, 2008 2000 PENNSYLVANIA AVE., NW WASHINGTON, D.C. 20006-1888 MORRISON & FOERSTER LLP TELEPHONE: 202.887.1500 FACSIMILE: 202.887.0763 DENVER, NORTHERN VIRGIN IA, ORANGE COUNTY, SACRAMENTO, WALNUT CREEK, CENTURY CITY WWW.MOFO.COM NEW YORK, SAN FRANCISCO, LOS ANGELES, PALO ALTO, SAN DIEGO, …

Sample v. Lappin, DC, Settlement Agreement and Dismissal, 2008

Brief • September 24, 2008

Filed under: Religious Discrimination, Religious Diet, Religious Practices, Free Exercise Clause

Sample v. Lappin, DC, Settlement Agreement and Dismissal, 2008 Case 1:05-cv-00596-PLF Document 67 Filed 09/24/2008 Page 1 of 7 FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SEP 2 Ii 2008 NANCY M/IYER WHITTINGTON, CLERK u.s. DISTRICT COURT BRANDON SAMPLE, Plaintiff, v. Civil Action No. 05-596 PLF HARLEY …

No Federal Claim for Failing to Warn Prisoner of Tobacco Risks

Article • August 15, 2008

Filed under: Conditions of Confinement, Smoking, Venue

No Federal Claim for Failing to Warn Prisoner of Tobacco Risks by The plaintiff, a South Carolina prisoner, filed suit in the District of Columbia district court against the Surgeon General of the United States, the president of the AMA, and the heads of two tobacco companies for failure to …

Court Orders Discovery of D.C. Cop’s Personnel Files

Article • August 15, 2008

Filed under: Medical Records, Disclosure of Records, Discovery, Municipal Liability, Mental Health

Court Orders Discovery of D.C. Cop’s Personnel Files by At 355: "... [A]ny claim that a party's potential witnesses and exhibits are not fit subjects for discovery is fatuous." The existence of a pre-trial order procedure does not retroactively make those subjects unfit for discovery. The court directs production of …

No Liberty Interest in DC Prisoners Transfer to BOP

Article • August 15, 2008

Filed under: Classification, Out of State Transfers, Transfers, Liberty Interests

No Liberty Interest in DC Prisoners Transfer to BOP by The plaintiff has no liberty interest in his security classification, nor does he allege atypical and significant hardships resulting from it, so he has no due process claim. Nor does he have an equal protection claim with respect to prisoners …

Federal Prisoner's Multiple Dismissals for Failure to Prosecute / Respond Not Strikes under PLRA

Article • August 15, 2008

Filed under: PLRA, Frivolous Litigation (PLRA)

Federal Prisoner's Multiple Dismissals for Failure to Prosecute / Respond Not Strikes under PLRA by James A. Butler, a federal prisoner, moved to proceed in forma pauperis (IFP) in federal district court in a civil action. Since he had had over 15 previous federal actions in which he was proceeding …

Federal Court Rules RFRA Applies to Guantanamo

Article • August 15, 2008

Filed under: Food, Exposure to Heat, Guard Brutality/Beatings, Restraints, Religious Freedom Restoration Act, Mail, Mail Regulations, Military Prisons

Federal Court Rules RFRA Applies to Guantanamo by by Matthew T. Clarke The United States District Court for the District of Columbia ruled that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb, et seq., applied to the detention facilities at the U.S. military base at Guantanamo Bay, Cuba. Shafiq …

Federal Prison Guard Suspended Indefinitely for Active Duty Assault in Iraq

Article • August 15, 2008

Filed under: Excessive Force, Guard Brutality/Beatings, USERRA, Employee Litigation, Guard Unions, Veterans, Military Prisons

Federal Prison Guard Suspended Indefinitely for Active Duty Assault in Iraq by Former Metropolitan Detention Center (New York) federal prison guard Gary Pittman sought review of a 2006 Merit Systems Protection Board's (Board) affirmation of his release from federal employment upon return from active military duty in Iraq. He alleged …

Probable Cause Not Required for Bureau of Prisons to Indefinitely Suspend Employees

Article • August 15, 2008

Filed under: Guard Misconduct, Guards/Staff, Employee Litigation

Probable Cause Not Required for Bureau of Prisons to Indefinitely Suspend Employees by Former Bureau of Prisons (BOP) counselor Norberto Perez appealed an arbitrator's ruling confirming his 2004 indefinite suspension from the BOP. The ruling was affirmed on appeal. The suspension came after a prisoner claimed Perez had sold him …

Probable Cause Not Required for Bureau of Prisons to Indefinitely Suspend Employees

Article • August 15, 2008

Filed under: Guard Misconduct, Guards/Staff, Employee Litigation

Probable Cause Not Required for Bureau of Prisons to Indefinitely Suspend Employees by Former Bureau of Prisons (BOP) counselor Norberto Perez appealed an arbitrator's ruling confirming his 2004 indefinite suspension from the BOP. The ruling was affirmed on appeal. The suspension came after a prisoner claimed Perez had sold him …