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Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld by Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld On March 19, 2012, the Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(e) bars compensatory damages …
Article • March 15, 2013 • from PLN March, 2013
Filed under: Mail, Legal Mail
Indigent Prisoner’s Damages Claim in Legal Mail Case Survives Summary Judgment by The Court of Appeals for the Sixth Circuit has reversed a grant of summary judgment to defendant prison officials in a civil rights case challenging a policy that requires indigent prisoners to leave their legal mail unsealed for …
U.S. Citizens Mistakenly Snared, Deported by DHS and ICE by Derek Gilna An increasing number of American citizens have been questioned, detained and even deported by the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE), as a result of databases that incorrectly identify them as undocumented …
South Carolina Sex Offender’s Lifetime Satellite Monitoring Held Unconstitutional by The South Caroline Supreme Court held on May 9, 2012 that court-ordered lifetime satellite monitoring violated a sex offender’s due process rights. Jennifer Rayanne Dykes, 26, was convicted of a sex offense for having an eight-month relationship with a 14-year-old …
“Shocks the Conscience” Test Applied to Conditions at Civil Commitment Center by The Eighth Circuit Court of Appeals has held that the “shocks the conscience” standard, as opposed to the “professional judgment” standard, is the proper analysis when determining an alleged due process violation based on the treatment and discipline …
Article • March 15, 2013 • from PLN March, 2013
Filed under: Commentary/Reviews
Have the Media Stopped Covering Courts? by by Joshua Gerstein Big legal showdowns between the press and courts often draw attention, as news organizations battle for the right to cover hearings and trials, for access to court records and to be allowed to take cameras into the courtroom. These battles …
Article • March 15, 2013 • from PLN March, 2013
Unique Brazilian Prison Alternative Celebrates 40-Year Anniversary by Lyla Bugara Brazil has long been home to the largest prison population in the region. As of December 2011, the population stood at 514,582, with 37% of the incarcerated being pretrial detainees. In addition to its sheer size, the Brazilian penal system …
Article • March 15, 2013 • from PLN March, 2013
Eleventh Circuit: No Right to Spanish-language RDAP Program by In an April 2, 2012 unpublished per curiam ruling, the Eleventh Circuit Court of Appeals upheld the dismissal of a federal prisoner’s lawsuit seeking reinstatement of a Bureau of Prisons (BOP) Spanish-language substance abuse program. The suit claimed that the BOP …
Article • March 15, 2013 • from PLN March, 2013
$2 Million Settlement in Mailman’s Death at New York City Jail by The City of New York has agreed to pay $2 million to settle a lawsuit claiming that deliberate indifference resulted in the death of a pretrial detainee. The settlement came in a federal civil rights action filed by …
Article • March 15, 2013 • from PLN March, 2013
Former New York Prisoner Exonerated, Receives $2 Million Settlement by A man whose conviction was overturned after spending 10 years in prison has settled his wrongful conviction suit against the State of New York for $2 million. Michael Clancy, 25, was working as an apprentice elevator mechanic when he was …
Equitable Tolling of AEDPA Includes Non-English Speaking Petitioners by The Third Circuit Court of Appeals has held that a language inability, when combined with denial of legal or translation assistance, can be an extraordinary circumstance for equitable tolling purposes in habeas cases. The issue was before the Third Circuit following …
Article • March 15, 2013 • from PLN March, 2013
Fifth Circuit Reverses $659,300 Katrina-Related Jury Award by Matthew Clarke by Matt Clarke In March 2012, the Fifth Circuit Court of Appeals reversed a $659,300 jury award in favor of two men who were arrested for public intoxication in New Orleans two days before Hurricane Katrina struck, and were then …
Article • March 15, 2013 • from PLN March, 2013
Illinois Woman Awarded $70,000 for Strip Search Based on Canine Alert by On June 28, 2012, an Illinois federal jury awarded a woman $70,000 for a strip search that occurred after a drug detection canine alerted on her car following a traffic stop for an unrelated warrant for failure to …
Article • March 15, 2013 • from PLN March, 2013
Oregon ACLU Sues Jail over Mail Policy; County Quickly Capitulates by The American Civil Liberties Union of Oregon filed a federal lawsuit against a county jail in June 2012, challenging a policy that prevented prisoners from receiving ACLU correspondence. County officials quickly agreed to change the policy and the suit …
Article • March 15, 2013 • from PLN March, 2013
Eighth Circuit: Procedurally Defaulted Grievances Decided on Merits are Considered Exhausted by On June 15, 2012, the Court of Appeals for the Eighth Circuit reversed the dismissal of a prisoner’s claims related to inadequate medical care. Missouri state prisoner Mark E. Hammett, while housed at the Jefferson County Correctional Center, …
Bid-Rigging, Sex, and Politicians: Welcome to Oklahoma by Brandon Sample A $10 million-a-year contract awarded to the Ada Youth Academy Authority for a new juvenile facility has been put on hold while the Oklahoma Attorney General's Office looks into whether the contract was improperly steered to Ada by an Oklahoma …
Article • March 15, 2013
California: CDCR Releases Latest Recidivism Report by In October 2010, in what California Department of Corrections and Rehabilitation (CDCR) Secretary Matthew Cate billed as the first in a series of annual reports designed to provide new insights to policy-makers and correctional stakeholders with regard to the dynamics of recidivism, CDCR's …
Article • March 15, 2013
7th Circuit Limits Use of FOIA Requests in Case Against Federal EPA by Derek Gilna The Freedom of Information Act, or FOIA, is a valuable tool in piercing the veil of secrecy that often surrounds government investigations and decision making. After Appleton Paper Inc, or API, and other companies were …
Chicago Police Hit with Big Judgment and “Code of Silence” Finding by Derek Gilna Chicago Police have a difficult and dangerous job, but also a heavy responsibility to hold themselves accountable to follow the same laws they are sworn to uphold. In the case of Karolina Obrycka, a diminutive tavern …
Article • March 15, 2013
DC Circuit Affirms Order Denying FOIA FBI Disclosure to Kentucky Prisoner by Derek Gilna The Court of Appeals for the District of Columbia has affirmed the district court denial of the Freedom of Information Act (FOIA) request of prisoner Benny Lee Hodge, who had sought document disclosure from the FBI …
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