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Article • May 15, 2007
Court Modifies Education Plan for Rikers Island Youth by By David M. Reutter In continuing its enforcement of an "Education Plan" for the Rikers Island Academies, a New York federal district court has made modifications to the Plan because it is "deficient in many respects." PLN previously reported upon the …
Injunction Against California DOC Precluded By PLRA, Turner by In this unpublished ruling the U.S. Court of Appeals for the Ninth Circuit held that the California Department of Corrections (CDC) did not have to comply with plaintiffs' proposed modifications to its procedures for housing and screening disabled prisoners and that …
$1 Awarded To Utah Prisoner After Untimely Appeal Fails by Former Utah pre trial detainee Charles Farnsworth filed a Federal civil rights complaint against Salt Lake County Sheriff Aaron Kennard, the Salt Lake County Jail, and Salt Lake County Jail Captain David Glad, alleging denial of his First Amendment rights …
BOP Prisoner Granted PI for Release Placement by The plaintiff was informed that contrary to past practice, he could not be considered for pre-release designation to a community correction center for more than 10% of his prison term or six months. He is granted a preliminary injunction. The Department of …
Article • May 15, 2007
BOP Ordered to Review Work Release Application by The petitioner sought a writ of habeas corpus because he was excluded from placement in a community confinement center (CCC) for more than the last six months of his sentence pursuant to the abruptly announced change in policy by the Federal Bureau …
Article • May 15, 2007
Legal Mail and Attorney Call Claims Subject to PLRA by The plaintiff complained that his attorney-client telephone calls and correspondence were improperly intruded upon. At 159: Krilich argues that his Fifth Amendment claim is not subject to the PLRA because it is not brought "with respect to prison conditions." Krilich …
Article • May 15, 2007
Third Circuit Terminates Prison Paralegal Clinic Injunction by Prison officials moved to terminate an injunction requiring a prisoner-run law clinic. Plaintiffs conceded that there was no current and ongoing constitutional violation, but said if the judgment is terminated there will be because the defendants will shut down the clinic. At …
Successive Injunctions Allowed Under PLRA by In a first published case on the topic, a federal district court in California has held that, under the PLRA, successive Temporary Restraining Orders (TRO) and a preliminary injunction (PI) may be entered by the Court. This is a class action suit filed by …
Jail to Prison Transfer Orders Subject to PLRA Provisions by The Fifth Circuit court of appeals has held that injunctions which order the state to transfer prison-ready prisoners from a county jail to the state prison system and to refuse to accept parole violators at the jail to avoid overcrowding …
Sixth Circuit Remands Hadix For Termination on Hearing by The Sixth Circuit has reversed the district court's order "terminating" the Hadix consent decree because the order did not comply with the requirements of the PLRA on termination orders, 18 U.S.C. § 3026(b). This case involves a class action civil rights …
Article • May 15, 2007
Filed under: PLRA, Injunctions (PLRA)
Fifth Circuit Refuses to Order Court to Rule on Ruiz Termination by The defendants in the class action suit which lead to sweeping reforms in the Texas prison system filed a motion to terminate prospective relief a month before the PLRA was enacted. The district court responded by allowing the …
Article • May 15, 2007
Filed under: PLRA, Injunctions (PLRA)
Fifth Circuit Holds PLRA Automatic Stay Provision Constitutional by Texas prison officials filed a motion to terminate prospective relief under the PLRA. The district court ruled the automatic stay provision of the PLRA was unconstitutional and denied a subsequent motion for reconsideration by the U.S. as an intervenor. Prison officials …
Article • May 15, 2007
Prison Officials' Request for Stay Denied by The District Court, E.D. Michigan, S.D., denied a stay of relief to Michigan prison officials in a 20-year old class action suit. The defendants filed for relief under the Prison Litigation Reform Act (PLRA) seeking termination of previous court orders to provided educational …
Article • May 15, 2007
Washington Gift Publication Ban Unconstitutional by The Ninth Circuit Court of Appeals held that a prisoner may receive books from a publisher and be paid by an outside source. Washington Prisoner Tommie Lee Stewart was refused to possess two books sent directly from the publisher and paid for by his …
Termination of Prospective Relief Under PLRA Constitutional by The defendants in the 30-year class-action Ruiz prison reform suit moved under the PLRA for termination of prospective relief. The district court held a hearing on the motion and denied it, ruling that the termination provisions of the PLRA unconstitutionally violated the …
Court Enjoins Transfer of BOP Prisoners to Virginia DOC under RFRA by The plaintiff District of Columbia prisoners (two Sunni Muslims and a Rastafarian who had taken the Vow of the Nazarite) alleged that their placement by the federal Bureau of Prisons in Virginia prisons, which forbid beards and long …
No Termination of Rikers Island Conditions Injunction by The court rules on cross-appeals from a decision on a termination motion focusing on environmental health and physical conditions issues. PLRA--Special Masters (43-49): The court monitor, the Office of Compliance Consultants (OCC), is not subject to the PLRA special master provisions because …
ABA Recommends Congress Repeal Portions of PLRA by David Reutter by David M. Reutter The American Bar Association’s Criminal Justice Section has issued a report that “urges Congress to repeal or amend specified portions of the Prison Litigation Reform Act (PLRA).” That report was sent for approval and action by …
Article • May 15, 2007 • from PLN May, 2007
Missouri Elective Abortion Ban Ruled Unconstitutional In Class Action by A federal court in Missouri held in a class action lawsuit that a prison policy barring elective abortions was unconstitutional and invalid. The Missouri Department of Corrections (DOC) and its medical provider, Correctional Medical Services (CMS), routinely transported women prisoners …
No Immediate Appeals for Injunction Clarifications by by Matthew T. Clarke This appeal involves the latest round in a Byzantine conditions-of-confinement class-action civil rights suit by Puerto Rico prisoners which has been pending since 1979. At issue was the transition of the prisoner health care system from the jurisdiction of …
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