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Tenth Circuit Reverses Dismissal of Federal Prisoner's Medical Suit by The Tenth Circuit Court of Appeals reversed a lower court's dismissal of a federal prisoner's suit, finding that the prisoner had adequately exhausted his administrative remedies and stated a cognizable deliberate indifference claim. Former Japanese Red Army member Yu Kikumura …
ADX Media Visit Staged To Dispel "Myths And Rumors" by Bob Williams On the sixth anniversary of the 9-11 World Trade Center attacks, Ron Wiley, warden of the Federal Supermax known as ADX, staged a tightly controlled first-ever media visit at the Federal stronghold. Its stated purpose was an education …
Fortress Of Solitude: The Bureau Of Prisons Is As Good At Keeping Prisoners In As It Is At Keeping Reporters Out by Alan Prendergast A hundred miles southwest of Denver, the U.S. Penitentiary Administrative Maximum houses a killer lineup of mobsters (Salvatore "Sammy the Bull" Gravano), gang leaders (Barry "The …
Argentine priest receives life sentence for dirty war crimes committed in 1970-80's by Marie Trigona Argentina: Priest Imprisoned for Dirty War Crimes Written by Marie Trigona Tuesday, 16 October 2007 Former Chaplin Christian Von Wernich was sentenced to life in prison on October 9th in Argentina, for committing crimes against …
Government Segregates Muslim Prisoners Restricts Phone Calls and Visits by Government Segregates Muslim Prisoners, Restricts Phone Calls and Visits By William Fisher Legal authorities are charging that racial profiling is responsible for low-risk Muslim prisoners convicted for crimes the Justice Department intimates are terror-related being held in a segregated unit, …
Retaliation for Prisoner's Political Views States §1983 Claim by Retaliation for Prisoner's Political Views States §1983 Claim New York state prisoner Stanley Sczerbaty filed a 42 U.S.C. §1983 claim alleging that prison officials punished him for his political views by removing him from college classes one week after he filed …
Public Defender's Party Association Protected Activity by The U.S. Supreme Court has held that a public defender who is satisfactorily performing his job may not be terminated based upon political party affiliation. This action was brought by two assistant public defenders in Rockland County, New York who were issued termination …
Al Qaida Prisoners Time Magazine Censorship Upheld by Here is a paradigm case, indeed a poster child, of the judicial avoidance of uncomfortable issues. The criminal defendant, the famous "shoe bomber," residing in the Florence, Arizona maximum security prison, complained of Special Administrative Measures (SAMs) denying him incoming mail determined …
Al-Qaida Member Lacks Standing to Challenge Special Administrative Measures by The plaintiff, an al-Qaida member convicted of the terrorist bombing of the American embassy in Kenya, challenged the regulations that authorize surveillance of attorney-client contact. Since no such measures are in effect for him, and since the regulations require notice …
BOP Prisoner Had Right to Duress Defense by The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred when it denied a prisoner from using the duress defense in a criminal trial for possession of escape paraphernalia in prison. …
U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard. by U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard. A federal District Court in New York has held that a U.S. citizen detained in the United States, and labeled an enemy combatant …
SAMs Valid, Requiring Defense Attorneys' Affirmation Invalid by A U.S. District Court held that Special Administrative Measures (SAMs) were valid as to the detention of a pretrial detainee, but defense attorneys need not give affirmation as to their acknowledgment of the SAMs. 28 C.F.R. §501.3(a) (Prevention of acts of violence …
9-11 Detainees' Suit Survives Government's Motion to Dismiss by Matthew Clarke By Matthew T.Clarke On. September 27, 2005, a federal district court in New York issued a 70-page, unpublished memorandum and order granting in part and denying in part the defendants' motion to dismiss civil rights conditions-of confinement claims brought …
Article • May 15, 2007
Political-Party Discrimination Rampant in Puerto Rico; Damage Award Upheld by In 2000, Mirla Rodriguez-Marin (Marin) and Ana Escobar-Pabon (Pabon) were high-ranking officers in Puerto Rico's Administration of Corrections (AOC). Both were members of the New Progressive Party (NPP). That year's incumbent Governor was a member of the Popular Democratic Party …
Article • May 15, 2007
BOP Ad-Seg Conditions on Political Prisoner Limited by Rita Brown was a member of the George Jackson Brigade (GJB), a Marxist urban guerrilla group that was active in the Pacific Northwest in the late 1970's and early 1098's. The group carried out bombings and bank robberies. Brown was imprisoned in …
Retaliatory Transfer Illegal by A federal district court in New Hampshire held that New Hampshire prisoners have no state created liberty interest in avoiding transfers to federal custody. However, such transfers violate the First amendment if done in retaliation for the prisoner's exercise of the right to court access. The …
Article • May 15, 2007
Political Beliefs Merit Control Unit Placement by The court of appeals for the District of Columbia reversed and remanded a lower court's injunction against the Bureau of Prisons that had prohibited the placement of political prisoners in a special control unit for women prisoners based solely on their political beliefs …
Publication, Postage Stamp Ban States Claim by The Second Circuit Court of Appeals held the rejection of a prisoner's publication and refusal to allow him to receive postage stamps through the mail may violate the prisoner's First Amendment rights. This action was filed by a prisoner at New York's Clinton …
Article • December 15, 2006
Failure to Treat Rectal Cyst For 30 Months States Claim by The plaintiff had a cyst near his rectum. One doctor refused to examine him despite his complaints of pain. A second doctor said the cyst needed to be "lanced out" but did not do anything except provide medication for …
Article • December 15, 2006 • from PLN December, 2006
New York Prisoner Wins Brutality Suit, Loses Award to Son-of-Sam Law by A New York prisoner won $15,000 in a suit over having been beaten by prison guards only to have a jury return a $42 million adverse verdict under New Yorks Son-of-Sam law. Abdul Majid, 57, a New York …
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