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Article • September 15, 2011
Fourth Circuit: Virginia Not Immune from RLUIPA Suit by On December 29, 2006, the Fourth Circuit Court of Appeals held that the Religious Land Use and Institutionalized Persons Act (RLUIPA) was a valid exercise of Congress’ spending powers and that the State of Virginia was subject to its requirements because …
Adams v. CCA, CO, Plf Mot for PO, Disclosure of Medical Requests, 2011 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 Plaintiffs: VANCE A. ADAMS et. al. Defendants: CORRECTIONS CORPORATION …
Adams v. CCA, CO, Exhibit, Disclosure of Medical Requests, 2011 District Court, Crowley County, State of Colorado I 10 East 6th Street, Room 303 Ordway, CO 81063 719-267-4468 Plaintiffs: VANCE A. ADAMS et a!. Defendant: CORRECTIONS CORPORATION OF AMERICA Counterclaimant: CORRECTIONS CORPORATION OF AMERICA Counterclaim Defendants: RICHARD ALLISON, et a!. …
U.S. Supreme Court: No Monetary Damages Against States Under RLUIPA by On April 20, 2011, the U.S. Supreme Court ruled that state sovereign immunity bars recovery of monetary damages under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, et seq. Harvey Leroy Sossamon III, a …
U.S. Supreme Court Overturns Wrongful Conviction Suit Against New Orleans DA, Vacates $14 Million Judgment by Derek Gilna by Derek Gilna and Brandon Sample In a March 29, 2011 five-to-four decision, the U.S. Supreme Court ruled against a former Louisiana prisoner who filed a § 1983 suit against Orleans Parish …
Article • August 15, 2011 • from PLN August, 2011
Prison Records Officer Entitled to Qualified Immunity; No Evidence of Deliberate Indifference to Sentencing Errors by Mark Wilson On April 22, 2010, the Third Circuit Court of Appeals held that a Pennsylvania prison records officer was entitled to qualified immunity for a prisoner allegedly being confined 10 months beyond his …
Adams v. CCA, CO, Index to List of Supporting Documents, prison riot, 2010 COURT OF APPEALS STATE OF COLORADO 101 West Colfax Ave., Ste. 800 Denver, CO 80202 Telephone: (303) 837-3785 _______________________________________________ Appeal From: Crowley County District Court Case No. 2005CV60, Consolidated With 2006CV8 The Honorable Michael Schiferl ▲ COURT …
Article • July 15, 2011
Texas Prisoner's Premises Defect Suit Against Dallas County Reinstated by Matthew Clarke by Matthew T. Clarke A Texas court of appeals has reinstated the pro se, in forma pauperis negligence and premises defect tort suit brought by a Texas prisoner against Dallas County and the Sheriff of Dallas County after …
Fulton County’s Blanket Strip Search Policy Unconstitutional by The Eleventh Circuit Court of Appeals has held unconstitutional a blanket strip search policy of arrestees as part of their point-of-booking into jail, of detainees who posted bond or were ordered released at the jail before booking was started or completed, and …
No Immunity for Abandonment of Disabled Prisoner by The Nevada Supreme Court, sitting En Banc, held that prison officials are liable for releasing disabled prisoners into conditions where they can’t be cared for. Nevada prisoner George Butler threw rocks at other prisoners in an October 1997 quarrel over a drug …
Illinois Department of Corrections Must Pay Attorney For Indigent Committed Under Sexually Dangerous Persons Act by Matthew Clarke By Matt Clarke An Illinois court of appeals has held that the Illinois Department of Corrections (DOC) must pay the court costs and attorney fees for an indigent person committed under the …
Fifth Circuit Grants Louisiana Prison Doctor Qualified Immunity by Matthew Clarke by Matt Clarke The Fifth Circuit court of appeals reversed a Louisiana district court’s denial of qualified immunity for a prison doctor. Anthony Gobert, a former Louisiana state prisoner, was incarcerated at the Elayn Hunt Correctional Center (EHCC) and …
9th Circuit: Eleventh Amendment Bars Prisoner’s Claim for Damages under RLUIPA by The Ninth Circuit has held that a prisoner bringing suit under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc-1, may not obtain damages from state officials in their official capacities. California …
Qualified Immunity Based Summary Judgment Denied in Ohio Excessive Force Case by On November 25, 2008, an Ohio federal court denied prison officials' motion for summary judgment based on qualified immunity in an excessive force case. The court also denied defendants' motions to dismiss, for judgment on the pleadings and …
Baltimore Jail’s Warden, Seven Guards Suspended Pending Excessive Force Investigation by Pending an investigation into an alleged use of excessive force involving a female detainee, the warden and seven guards at the Baltimore Central Booking and Intake Center (BCBIC) have been suspended. The detainee, a 26-year-old woman who faced minor …
Article • July 15, 2011
Pierce County, Washington Personal Injury Results in $1,200 Settlement by Washington State’s Pierce County paid $1,200 to settle a prisoner’s personal injury claim. In October 2001, prisoner James E. Thomas had a grand mal seizure, which caused him to have a spinal injury, while in court at the Pierce County …
6th Circuit: County Prosecutor Protected by 11th Amendment by In a decision filed on July 30, 2009, the 6th Circuit affirmed a ruling of a Michigan court granting summary judgment to Arenac County and Arenac County Prosecutor, Curtis G. Broughton. The complaint was brought pursuant to 42 U.S.C. § 1983 …
Adams v. CCA, CO, Plf Mot Proposed Order, public records indigents right to review depositions, 2011 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE …
Adams v. CCA, CO, Plf Mot Proposed Order for Certification, prison riot, 2011 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE A. ADAMS et. …
Jackson v. Jesus Tellado et al, NY, police racial bias, Complaint, 2011 rtL.cu Case 1:11-cv-03028-PKC-SMG Document 1 Filed 06/24/11 IN CLERK'S OFFICE Page US 1 of 43 PageID 1 DISTRICT COURT #: E.D.N.Y. * UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK JUN 2 4 2011 BRO~-wua~~~·. : ~~.·~' …
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