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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 …
South Carolina: Liberty Interest Not Implicated by Denial of Rehabilitation by The Supreme Court of South Carolina held that the denial of a prisoner's grievance requesting immediate enrollment in the second phase of a sex offender treatment program (SOTP) did not create a liberty interest entitling him to have the …
Article • May 15, 2007
New York DOC Beard Ban Held Unconstitutional On Remand by The United States District Court for the District of New York held that a New York Department of Corrections (DOC) policy banning beards in excess of one inch in length was unconstitutional as applied to a Jewish prisoner. Yevgen Fromer, …
Article • May 15, 2007
Ex-Prisoners' are not a Protected Class by The Washington State Court of Appeals held that Washington's Human Rights Commissions (H.R.C.) exceeded its "statutory authority" by promulgating the Washington Administration Code (W.A.C) 162-16-060, which protects ex-prisoner's from employment discrimination. In 1987, an ex-prisoner was hired to be a shipping/receiving clerk with …
Article • May 15, 2007
Going Barefoot Not Protected Speech by A rule requiring patrons of a public library to wear shoes did not violate the First Amendment, even assuming that going barefoot constituted speech. A library is a limited public forum, and the shoe requirement is a valid, content-neutral regulation that promotes communication of …
Years Later, $95,000 Attorney Fees Paid in Essex County Jail Conditions Suit by After 12 years of disputing the amount to be paid to Massachusetts Correctional Legal Servicer (MCLS) for attorney fees relating to a class action suit, officials in Essex County agreed on July 8, 2004, to pay $95,069.89 …
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
New Jersey Ad-Seg Prisoners Have No Right to Education by The United States District Court for the District of New Jersey has held that prisoners in administrative segregation (ad-seg) do not have an equal protection right to education. Henry T. Little, a prisoner at the New Jersey State Prison (NJSP), …
Court Appoints Monitor to Oversee Michigan Prison Implementation by Court Appoints Monitor To Oversee Michigan Prison Implementation The District Court, E.D. Michigan, S.D., on remand from the 6th Circuit Court of Appeals, ordered the Michigan Corrections Commission to appoint a Special Administrator to bring the female prisoner educational programs to …
Article • May 15, 2007
Sanctions Ordered Against Michigan Prison by For failing to comply with district court orders to implement vocational programs, the District Court, E.D. Michigan, S.D., ordered contempt sanctions against Michigan prison officials. See: Glover v. Johnson, 9 F.Supp. 799 (ED MI 1998).
Article • May 15, 2007
Educational Administrator Appointment Ordered in Michigan Discrimination Case by The District Court, E.D. Michigan, S.D., held that the Michigan Department of Corrections failed to comply with court order requiring the appointment of an educational administrator to bring female prisoners' education programs to parity with male counterparts. The court ordered (1) …
Article • May 15, 2007
Education Administrator Appointment Vacated and Remanded by Education Administrator Appointment Vacated And Remanded The Sixth Circuit Court of Appeals vacated the order of the E.D. Michigan, S.D., District Court appointing an educational administrator for the female prisoners who sought to have educational parity with the male prisoners. The court held …
Article • May 15, 2007
Court Orders Appointment of Education Administrator in Michigan Discrimination Case by The District Court, E.D. Michigan, S.D., appointed an education administrator after the Michigan Department of Corrections failed to hire one on their own. The court ordered the defendants to pay the administrator $1,000/40-hour week to implement educational programs for …
Article • May 15, 2007
Dismissal of Grooming Rule Challenge Precluded; Evidentiary Burden on Prison Officials by Dismissal of Grooming Rule Challenge Precluded; Evidentiary Burden on Prison Officials The U.S. Court of Appeals for the Ninth Circuit reversed and remanded a district court's dismissal of prisoners' actions challenging a prison grooming policy. Arizona prisoners who …
Article • May 15, 2007
Kosher Diet and Jewish Beard Requirement States Claim by A federal district court in New York denied prison official's motion to dismiss a Jewish New York state prisoner's complaint alleging violation of his right to freely practice his religion. The court held that requiring the prisoner to maintain a beard …
$51,050 Paid in WA Retaliation Claim by Mark Wayne Clark had previously prevailed in a retaliation lawsuit against Sgt. Patrick O'Conner while at the Washington State Penitentiary when he was placed in O'Conner's unit at the prison. Shortly thereafter, O'Conner began harassing Clark and instituted disciplinary proceedings stating Clark had …
Article • May 15, 2007
California Habeas Corpus Proper Remedy to Challenge Work Assignment Restriction, But not to Award Back Pay by California Habeas Corpus Proper Remedy to Challenge Work Assignment Restriction, But not to Award Back Pay California's Second District Court of Appeals held a habeas corpus petition is the proper remedy for a …
Article • May 15, 2007
Virginia Grooming Rules Upheld by The plaintiffs challenged a grooming policy requiring short hair, prohibiting facial hair except for trimmed mustaches, and prohibiting braids, plaits, dreadlocks, cornrows, partially shaved heads, designs, etc. There is a medical exception but not a religious one. The policy is modeled after the South Carolina …
BOP Work Release Policy Preliminary Enjoined by The Bureau of Prisons abruptly changed its policy of allowing prisoners to serve part or all of their time at Community Corrections Centers on judges' recommendations declaring the former policy illegal and applied the change to persons already sentenced. The court has inherent …
Article • May 15, 2007
RLUIPA Kouplock Injunction Reversed; Deference to Prison Officials Required by David Reutter By David M. Reutter The Sixth Circuit Court of Appeals has reversed an Ohio federal district court's temporary injunction that allowed a Native American Indian prisoner to grow and maintain a kouplock. The district court, using RLUIPA as …
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