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to natural causes. The cover-up was not discovered for almost four years, and the family then filed a federal civil rights suit under 42 U.S.C. § 1983 in Ohio state court. The defendants included Gray ...
Article • June 3, 2016 • from PLN June, 2016
Rasheed Ali filed suit in federal court pursuant to 42 U.S.C. § 1983, alleging his Muslim religious faith required that he wear a white knit kufi (a brimless hat traditionally worn in parts of Africa ...
Article • November 15, 2011 • from PLN November, 2011
; and 2) prison officials violated his Eighth Amendment right to be free from cruel and unusual punishment by forcing him to choose between his constitutional right to exercise and his constitutional right ...
) the standard of review for the certification decision should be de novo; (2) the burden of proof lies upon the plaintiff challenging certification to prove that the defendants were not acting within the scope ...
Article • November 15, 2013 • from PLN November, 2013
Herzfeld with the Nashville firm of Ozment Law, and by Human Rights Defense Center general counsel Lance Weber. See: Prison Legal News v. Anderson, U.S.D.C. (E.D. Tenn.), Case No. 2:13-cv-00266-JRG-DHI ...
attempted to force Bishop to perform oral sex. After Bishop was released from jail, he filed a 42 U.S.C. § 1983 suit against Macomb County Sheriff Mark Hackel and numerous jail employees. Bishop alleged ...
Article • March 5, 2019 • from PLN March, 2019
Filed under: Strip Searches
Sixth Circuit Reverses Injunction Against Delousing and Group Strip Searches at Ohio Jail by Derek Gilna by Derek Gilna On November 2, 2018, the Sixth Circuit reversed a permanent injunction ...
Article • October 15, 2023 • from PLN October, 2023
Filed under: Wrongful Death
, dead in his cell. The California Department of Corrections and Rehabilitation (CDCR) is investigating both homicides. Another fight in January 2023 killed 42-year-old Joseph D. Horne, making his ...
Brief • August 15, 2003
him of his rights to due process and equal protection under the Fourth and Fourteenth Amendments to the Constitution of the United States pursuant to 42 U.S.C. § 1983. The plaintiffaIso charges ...
Brief
to 28 U.S.C. sec. 1367 and 42 U.S. C. sec. 1988 and direct the issuance of an ORDER TO SHOW CAUSE concerning the disposition and/or apportionment of the 40% of the total amount of the settlement ...
, filed a civil rights action under 42 U.S.C. § 1983 in U.S. District Court. He alleged that guards had retaliated against him for filing grievances by turning on a “purge fan” which blew cold air into his ...
Article • February 15, 2010 • from PLN February, 2010
Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc-1, et seq., due to the ADC’s refusal to provide ko-sher meals or allow him to grow a beard or long hair. Fegans had converted ...
Article • April 15, 2010 • from PLN April, 2010
approval to a settlement in a class-action lawsuit that challenged booking fee procedures at the Spokane County Jail. Shawn Huss, a former jail prisoner, filed suit against Spokane County pursuant to 42 ...
Article • July 15, 2010 • from PLN July, 2010
Marsy’s Law Enjoined in California by Michael Brodheim On February 4, 2010, in a class-action suit brought under 42 U.S.C. § 1983 by eight plaintiffs seeking to represent a class ...
Department of Corrections. The plaintiffs alleged violations of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, and section 504 of the Rehabilitation Act (RA), 29 U.S.C. § 794(a), and Judge ...
Article • December 15, 2010 • from PLN December, 2010
and Eighth Amendment rights. Andrea Fields, Matthew Davidson (aka Jessica Davidson) and Vankemah D. Moaton, Wisconsin prisoners with male-to-female GID, brought a civil rights action under 42 U.S.C. § 1983 ...
Article • December 15, 2010 • from PLN December, 2010
of helplessness and despair. Moreover, Ms. Chavez was in prison for assaulting a guard, which made her even less likely to fight back.” Judge Waddoups noted that the suit was filed pursuant to 42 U.S.C. § 1983 ...
Article • January 15, 2011 • from PLN January, 2011
, filed a civil rights suit pursuant to 42 U.S.C. § 1983 in federal district court complaining of retaliation by prison officials after he assisted the mother of a prisoner who died in suing prison ...
Article • February 15, 2011 • from PLN February, 2011
complaint pro se, alleging RLUIPA violations pursuant to 42 U.S.C. §§ 2000cc to 2000cc-5. The district court granted summary judgment to the defendants and Smith appealed. RLUIPA provides, in pertinent part ...
prison officials summary judgment on their claim that Plaintiffs failed to exhaust their administrative remedies, as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e ...
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