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Right-To-Sue Letter Not Required For ADEA Claims by The United States District Court for the Eastern District of New York held that Title VII procedural requirements mandate that a claimant obtain a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC), but a right-to-sue letter is not necessary for actions …
Florida Jail Guard's Discrimination, Due Process Claims Dismissed by The United States District Court for the Southern District of Florida dismissed a former jail guard's state and federal complaints of, among other things, race discrimination, retaliation and due process violations. While employed as a guard by the Miami-Dade County Corrections …
$144,134 Paid in Male WA Guard's Sexual Harassment Suit by Rodney Shaw was an African American guard at the McNeil island Corrections Center in Steilacoom, Washington who was subjected to harassment and belittlement in front of prisoners by white guards. He also alleged he was sexually harassed by a female …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
White Texas Prisoner Assaulted By African-American Cellmate Awarded $90,000 by During the week of August 10, 1998, a Texas state court awarded $90,000 to a white prisoner who was assaulted by his African-American cellmate in the Dallas County Jail and suffered a broken jaw. Plaintiff Curtis Ohme, a 27-year-old white …
Article • May 15, 2007
White Police Man's Discrimination Suit Dismissed by A white deputy sheriff terminated for excessive force against a black arrestee after a high-speed chase failed to prove racial discrimination absent evidence that he was treated more harshly than others because of his race. The fact that he might have been treated …
Virginia Prison Warden's Defamation Suit Survives Dismissal Motion by The United States District Court, Western District of Virginia, denied motions by Connecticut newspapers, reporters, and editors to dismiss a Virginia prison warden's suit against the Connecticut defendants after the defendants posted allegedly defamatory news articles on the newspapers' World Wide …
Sexual Victimization in Prison Statistically Analyzed by John Dannenberg by John E. Dannenberg The New York Academy of Medicine published a study in June 2006 on rates of sexual victimization of state prisoners. Contrasted with earlier studies that only used small population samples, this study covered all adult prisoners (22,231) …
Violence from Racial Tension and Overcrowding Pervades California Jails, Spreads to Prisons by Marvin Mentor by Marvin Mentor Los Angeles (L.A.) County jail prisoners have been locked in interracial gang-controlled violence for the past year, and the unrest has spread to other jails and into California state prisons as prisoners …
Article • November 15, 2006 • from PLN November, 2006
New Jersey Appeals Court Upholds Statute Disenfranchising Felons by The Superior Court of New Jersey, Appellate Division, held that a state law prohibiting felons from voting while on parole or probation did not violate equal protection despite its disparate effect on minority voting power. Plaintiffs, the New Jersey National Association …
Article • October 15, 2006 • from PLN October, 2006
Floridas Felon Disenfranchisement Law Upheld by David Reutter Florida's Felon Disenfranchisement Law Upheld by David M. Reutter The Eleventh Circuit Court of Appeals, sitting en banc, has held that Florida's felon disenfranchisement law does not violate the Equal Protection Clause of the Fourteenth Amendment or the Voting Rights Act. Before …
WA Youth Detention Officer Awarded $603,500; Remitted Damages Reinstated by The Washington Supreme Court held that the Court of Appeals improperly reduced a plaintiff's non-economic-damage award from $260,000 to $25,000. From 1979 to 1991, Ralph Bunch worked as a prison guard at the Washington State reformatory in Monroe. In 1991 …
$100,000 Settlement For Black Oklahoma Prisoner Beaten By White Prisoners by Creek County, Oklahoma, has paid $100,000 to a black man who was severely beaten by a group of white prisoners in the county jail. Rameses Gibbs, a black man, was arrested on November 22, 2001, on a misdemeanor charge …
Article • July 15, 2006 • from PLN July, 2006
Unconstitutionality of Lockdown of California Hispanics Upheld On Appeal by Marvin Mentor The California Court of Appeal upheld the Del Norte County Superior Courts 2003 ruling [case no. HCPB 00-5164] requiring supermax Pelican Bay State Prison (PBSP) officials to cease locking down Southern Hispanic prisoners endlessly solely based upon their …
BJS Director Sacked For Telling Truth About Racial Profiling by Matthew T. Clarke Lawrence A. Greenfield was the director of the Justice Departments Bureau of Justice Statistics (BJS), a low-profile government agency that employs some 50 people for the task of preparing reports on statistical analysis of criminal justice-related issues …
Article • April 15, 2006 • from PLN April, 2006
California DOC Settles Racially Determinative Housing Suit by John Dannenberg by John E. Dannenberg Upon remand from the U.S. Supreme Court (Johnson v. California, 125 S.Ct. 1141 (2005)), the California Department of Corrections and Rehabilitation (CDCR) entered into a settlement agreement with plaintiff prisoner Garrison Johnson wherein CDCR agreed to …
Article • March 15, 2006 • from PLN March, 2006
PLN Questions John Ashcroft on the Death Penalty by by Alex Friedmann On Feb. 13, 2006, former U.S. Attorney General John Ashcroft gave a presentation in favor of the death penalty at Vanderbilt University in Nashville, Tennessee as part of the school's Project Dialog series. The series' theme for 2006 …
Nebraska Native American Prisoners' Religious Program Reinstated by John Dannenberg by John E. Dannenberg Native American prisoners and Nebraska's then Director of Corrections, Harold Clarke, reached a settlement agreement on March 15, 2005 in U.S. District Court (D. Neb.) to reinstate the Native American prisoners' club (Native American Spiritual and …
Ban on Separatist Religious Publication by Ban on Separatist Religious Publication Reversed by Eighth Circuit The Eighth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials related to the refusal to deliver a religious publication they deemed to be racially inflammatory Missouri Department of …
Article • October 15, 2005 • from PLN October, 2005
Damages Denied To Bilingual Iowa Prisoner Prohibited From Writing Family In Spanish by by John E. Dannenberg The Eighth Circuit U.S. Court of Appeals held that an Iowa prisoner was not entitled to damages when he challenged a policy requiring prisoners to correspond only in English because he had not …
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