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Federal Court Holds Enemy Combatant Detainee May Sue Government Officials by On June 12, 2009, a federal district court in California ruled that a U.S. citizen detained in the U.S. as an enemy combatant could sue a high-ranking federal official who promulgated legal opinions on policies that led to the …
Lack of Exercise Claim Survives Motion to Dismiss, but not Summary Judgment by U.S. District Judge William Q. Hayes has denied a Rule 12(b)(6) motion to dismissed filed by California prison officials in a 42 U.S.C. § 1983 action alleging Eighth Amendment violations. Gregory Norwood, a California prisoner, alleged that …
Secret Red Cross Report Reveals Medical Personnel Collusion in CIA Torture by Matthew Clarke by Matt Clarke A leaked confidential report issued by the International Committee of the Red Cross (ICRC) in February 2007, concerning the treatment of fourteen “high value detainees” in CIA custody, revealed torture and collusion by …
Article • November 15, 2009 • from PLN November, 2009
Divided Ninth Circuit Holds Prison Officials Entitled to Qualified Immunity for Prolonged Deprivation of Outdoor Exercise by A divided Ninth Circuit Court of Appeals held that California prison officials were entitled to qualified immunity for denying outdoor exercise to prisoners during extended lockdowns, when the lockdowns were precipitated by assaults …
Ninth Circuit: Orange County Jail Violated Ad Seg Prisoners’ ADA, Religious and Exercise Rights by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that restrictions on prisoners in administrative segregation (ad seg) at the jail in Orange County, California, related to exercise and group …
University of Arizona Releases Report on Women Immigration Prisoners by Matthew Clarke by Matt Clarke In January 2009, the Southwest Institute for Research on Women (SWIRW) and the Bacon Immigration Law and Policy Program of the University of Arizona published a report on women held in Arizona immigration prisons. It …
Massachusetts Agrees to Improves Conditions for Protective Custody Prisoners by The Commonwealth of Massachusetts agreed to improve the living conditions of prisoners in protective custody in response to a class action suit filed in the 1970s. The agreement was finalized in June 1980. The agreement requires the Commonwealth to give …
Conditions in Maricopa County, Arizona Jails Still Unconstitutional by Matthew Clarke by Matt Clarke On October 22, 2008, U.S. District Court Judge Neil V. Wake issued an 83-page order with findings of facts and conclusions of law in a long-running civil rights lawsuit against Maricopa County, Arizona Sheriff Joe Arpaio …
Article • April 15, 2009
Fifth Circuit Upholds Denial of Exercise for Year, Rejects Due Process Challenge to Placement in Lockdown by On March 28, 2008, the U.S. Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment to the Texas Department of Criminal Justice (TDCJ) in a suit alleging the denial …
Brief • March 17, 2009
Filed under: Exercise, Visiting
Mcghee v. Biamont, NM, Judgment, Denial of Exercise & Spousal Visitation, 2009 Case 6:07-cv-00609-BB-LAM Document 48 Filed 03/17/09 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO WILLIAM MCGHEE, Plaintiff, v. CIV-07-0609 BB/LAM PAULA BIAMONT, et al., Defendants. ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED …
Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations by Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations The Ninth Circuit U.S. Court of Appeals has held that evidence of ongoing American with Disabilities Act (ADA) violations …
New Jersey Court Enters Preliminary Injunction Barring Women Prisoners at Men’s Prison by New Jersey Court Enters Preliminary Injunction Barring Women Prisoners at Men’s Prison A New Jersey Superior Court has issued a preliminary injunction that prohibits prison officials from transferring women prisoners to the New Jersey State Prison (NJSP), …
Article • January 15, 2009
Pennsylvania Prisoners Remain On Death Row After Death Sentences Vacated by Bob Williams By: Bob Williams Pennsylvania State death row prisoners appealed the dismissal of their 2005 § 1983 and mandamus complaint regarding restrictive confinement and the medical conditions it caused. Their death sentences were either vacated or overturned but …
Buford-Lewis v. Marion County, IN, Settlement, jail conditions, 2008 Case 1:07-cv-00527-SEB-DML Document 58 Filed 12/01/2008 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ANTHONY BUFORD-LEWIS, III, et al., Plaintiffs, v. MARION COUNTY, INDIANA, Defendant. ) ) ) ) ) ) ) ) ) No. …
Judgment in Florida’s Closed Management Conditions Lawsuit Terminated Under the PLRA by David Reutter Judgment in Florida’s Closed Management Conditions Lawsuit Terminated Under the PLRA by David M. Reutter Nearly seven years after it was entered, a Florida federal district court has terminated a revised offer of judgment that was …
Article • September 15, 2008 • from PLN September, 2008
Settlement Agreement Reached in Overcrowding Claim Against Florida Jail by Settlement Agreement Reached in Overcrowding Claim Against Florida Jail The parties to a class action suit filed by prisoners at Florida’s St. Lucie County Jail (SLCJ) have reached a settlement. The civil rights complaint alleged constitutional violations caused by overcrowding, …
Brief • September 9, 2008
Filed under: Exercise, Visiting
McGhee v. Biamont, NM, SJ Order, Denial of Exercise and Spousal Visitation, 2008 Case 6:07-cv-00609-BB-LAM Document 45 Filed 09/09/08 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO WILLIAM MCGHEE, Plaintiff, v. CIV-07-0609 BB/LAM PAULA BIAMONT, et al., Defendants. ORDER ADOPTING MAGISTRATE JUDGE’S …
Article • August 15, 2008
District Judge Orders Measures To Ease New Jersey Jail Overcrowding by Prisoners in the Monmouth County Correctional Institution, a New Jersey county jail, filed suit alleging unconstitutional living conditions due to overcrowding. A district judge assigned a special master to investigate. The special master found serious overcrowding which caused problems …
New York Prisoner Awarded $500 for 20 Days’ Wrongful Isolation by On June 21, 2006, a New York Court of Claims awarded $500 to a prisoner who claimed he was kept in “almost total isolation” for 20 days while housed at the Elmira Correctional Facility in order to attend two …
Article • July 15, 2008
Massachusetts Prison Official's Ordered To Improve Prisoners' Treatment by Massachusetts State corrections officials (appellants) challenged a court order requiring better treatment for prisoners at the Massachusetts Correctional Institution (MCI) at Walpole claiming that the court exceeded it's statutory authority. The order was affirmed and no separation of powers doctrine violation …
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