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Article • December 15, 2013 • from PLN December, 2013
BOP Compromises on Plan to Transfer Prisoners from FCI Danbury by Derek Gilna In an unexpected turnabout, the Bureau of Prisons (BOP) has modified its July 2013 decision to transfer all prisoners from the only federal women’s facility in the northeast, located in Danbury, Connecticut. The BOP had planned to …
Brief • September 30, 2013
Cunningham et al v. FBOP, CO, Emergency Mot for PI, CLA request to transfer mentally ill class member out of supermax, 2013 Case 1:12-cv-01570-RPM-MEH Document 99 Filed 09/30/13 USDC Colorado Page 1 of 33 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-01570-RPM HAROLD …
Article • July 15, 2013 • from PLN July, 2013
Valley Fever Declared a Public Health Emergency at Two California Prisons; Court Orders Prisoner Transfers by John Dannenberg by John E. Dannenberg On April 25, 2013, Dr. John Galgiani, an expert hired by attorneys representing prisoners in the long-running Plata v. Brown class-action lawsuit over medical care in the California …
Article • July 15, 2013 • from PLN July, 2013
Tenth Circuit: No Section 2241 Jurisdiction for BOP Supermax Challenge; Claims Must be Brought as Bivens Action by The Tenth Circuit Court of Appeals held on May 1, 2012 that a federal prisoner's transfer to supermax custody must be brought as a Bivens action rather than as a federal habeas …
Tenth Circuit: Terrorism Prisoners Lack Liberty Interest in Transfer to ADX by Derek Gilna Omar Rezaq, Mohammed Saleh, El-Sayyid Nosair and Ibrahim Elgabrowny, convicted of terrorism-related offenses and confined at the federal supermax ADX facility in Florence, Colorado, filed suit contending they had a liberty interest in “avoiding transfer without …
Article • January 15, 2013 • from PLN January, 2013
First Circuit: RLUIPA Does Not Provide Relief from Transfer to Remote Prison where Opportunities for Religious Exercise are Limited by On March 29, 2012, the First Circuit Court of Appeals held that the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§2000cc et seq., does not provide a …
Brief • November 2, 2012
Green-Vaughn v. CCA, TN, Settlement, transfer injury car accident, 2012 CCA-AF (6/2/14 PRA) 0312 CCA-AF (6/2/14 PRA) 0313 CCA-AF (6/2/14 PRA) 0314 CCA-AF (6/2/14 PRA) 0315 CCA-AF (6/2/14 PRA) 0316
Green-Vaughn v. CCA, TN, Complaint, transfer injury car accident, 2012 CCA-AF (6/2/14 PRA) 0317 CCA-AF (6/2/14 PRA) 0318
Article • May 15, 2012
Filed under: Classification, Transfers
9th Circuit Confirms Only BOP Can Designate Prison Assignments by The United States Court of Appeals for the 9th Circuit has dismissed the appeal of prisoner Oscar Ceballos, AKA Chuco, which complained of the Federal Bureau of Prison's (BOP) failure to designate him to the prison facility recommended by the …
Article • May 15, 2012
Colorado Court Rejects Prisoner Claim of BOP Mistreatment by A Colorado prisoner's Fifth and Eighth Amendment claims against the Bureau of Prisons (BOP), have been dismissed by Judge Philip A. Brimmer of U.S. District Court for the District of Colorado. Prisoner Thomas Silverstein was sentenced in 1978 and started serving …
Tennessee CCA Warden Fails to Prove Non-Exhaustion in Prisoner’s Excessive Force and Retaliation Suit by A Tennessee federal court denied prison officials summary judgment for non-exhaustion under the Prison Litigation Reform Act, finding that they failed to satisfy their burden of proving non-exhaustion. James Ingram was a prisoner at the …
Article • February 15, 2012 • from PLN February, 2012
Oregon Discontinues Failed Prisoner Deportation Program by Oregon’s expedited deportation program, touted as saving $2.1 million by transferring about 200 illegal immigrant prisoners to federal custody for early deportation, came up $1.9 million short, causing state officials to kill the program. According to the Oregon Department of Corrections (ODOC), 1,289 …
Eleventh Circuit Reverses Dismissal of BOP Failure to Protect Suit by The U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a failure to protect suit filed by a federal prisoner who claimed that he was attacked by a guard for participating in a prison investigation. “John …
Article • November 15, 2011
Washington DOC Has Sole Authority over Prisoner Placement by The State of Washington Court of Appeals held that the Department of Corrections (DOC) has the sole authority to determine the prison in which a prisoner will be placed. The court’s ruling came in DOC’s appeal of restrictions on prisoner Marcus …
D.C. District Court Partially Dismisses Lawsuit by BOP CMU Prisoners by A lawsuit filed on behalf of prisoners held in Communication Management Units (CMUs) at federal prisons in Terre Haute, Indiana and Marion, Illinois, which alleged violations of their Constitutional rights due to placement in the CMUs, as well as …
Article • September 15, 2011
Filed under: Classification, Transfers
Massachusetts Pretrial Detainee Transfer to State Prison Invalid by The Massachusetts Supreme Judicial Court (SJC) held that a lower court lacked authority to order the transfer of pretrial detainees from a county jail to a state prison. On August 16, 2005, the Worcester County District Attorney submitted a written request …
Article • August 15, 2011 • from PLN August, 2011
Placement in Maximum Security Facility May Trigger Due Process Protections; Religious Diet Claims Remanded by The U.S. Court of Appeals for the Sixth Circuit has reversed a district court’s grant of summary judgment to Michigan prison officials in a procedural due process and religious diet lawsuit. Lamont Bernard Heard received …
Article • August 15, 2011 • from PLN August, 2011
State Ordered to Reimburse Prisoner Who Was Not Allowed to Complete College Classes by An Illinois prisoner was awarded $1,225 by a state Court of Claims for tortious interference with a business relationship by the Illinois Department of Corrections (IDOC). While incarcerated at Stateville Penitentiary, Marshan Terrell Allen received permission …
Article • August 15, 2011
Filed under: Classification, Transfers, Food
Judge Orders Marshals to Transfer Prisoner Due to Inadequate Diet at Jail by Brandon Sample By Brandon Sample United States Magistrate Judge Todd Campbell has ordered the U.S. Marshals Service to transfer a pre-trial detainee from a county jail after determining the jail failed to provide a nutritionally adequate diet. …
Article • July 15, 2011
Ninth Circuit Strikes Down BOP Regulations Limiting Halfway House Placement by Brandon Sample By Brandon Sample On September 4, 2008, the U.S. Court of Appeals for the Ninth Circuit joined the Second, Third, Eighth and Tenth Circuits in concluding that the Bureau of Prisons' (BOP) regulations categorically limiting eligibility for …
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