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Hernandez v. Country of Monterey, CA, Complaint, Jail Medical Neglect, 2013 Case5:13-cv-02354-PSG Document16 Filed10/31/13 Page1 of 109 1 MICHAEL W. BIEN – 096891 GAY CROSTHWAIT GRUNFELD – 121944 2 MICHAEL FREEDMAN – 262850 KRISTA STONE-MANISTA – 269083 3 ROSEN BIEN GALVAN & GRUNFELD LLP 4 315 Montgomery Street, Tenth Floor …
IFRP Payment Schedule May Not be Delegated to BOP by Sentencing Judge by Derek Gilna The U.S. Court of Appeals for the Ninth Circuit has held that “where the sentencing court has failed to consider whether the defendant has the financial resources to pay restitution immediately, ordering immediate payment impermissibly …
O'Neil v. Martin, OR, Appellate Decision, Conditions of Confinement, Interstate Corr. Compact, 2013 FILED: October 9, 2013 IN THE COURT OF APPEALS OF THE STATE OF OREGON LIAM O'NEIL, aka Jacob Barrett, Plaintiff-Appellant, v. MR. MARTIN, Corporal; MR. MARTIN, Lieutenant, Unit Supervisor; MS. MANCILLA, Corporal; MS. BENEFIELD, Sergeant; MR. WILLIAMS, …
J.U. V. GEO Group, NM, Complaint, Sexual Assault, 2013 Case 1:13-cv-00968-KBM-LAM Document 1 Filed 10/07/13 Page 1 of 24 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO J.U. and R.S., Plaintiffs, v. THE GEO GROUP, Inc.; CORIZON, Inc.; WARDEN ERASMO BRAVO, in his individual and official …
Prison Rape Elimination Act Standards Finally in Effect, but Will They be Effective? by Alex Friedmann "Sexual abuse is not an inevitable feature of incarceration. Leadership matters because corrections administrators can create a culture within facilities that promotes safety instead of one that tolerates abuse." – National Prison Rape Elimination …
Prisoners Raped and Sexually Abused While PREA Standards Pending by As described in this issue’s cover story, in May 2012 the U.S. Department of Justice issued a final rule adopting national standards pursuant to the Prison Rape Elimination Act (PREA). The rule was published in the Federal Register and became …
Article • September 15, 2013 • from PLN September, 2013
The Americans with Disabilities Act and Prisoners by Thomas Weiss The language of Title II of the Americans with Disabilities Act (ADA) is succinct: “[N]o qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, …
Article • September 15, 2013 • from PLN September, 2013
Habeas Hints: Actual Innocence by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on the Antiterrorism and Effective Death Penalty Act (AEDPA), the federal …
Illinois DOC’s Failure to Accommodate Disabled Prisoners States Rehabilitation Act Claim by In separate decisions, the Seventh Circuit Court of Appeals reversed the dismissal of two lawsuits filed by disabled state prisoners, finding that the Illinois Department of Corrections (IDOC) may have violated their rights under the Rehabilitation Act (RA), …
Davis et al v. Abercrombie et al, HI, Order Granting SJ Motion, CCA religious discrimination denial retaliation, 2013 Case 1:11-cv-00144-LEK-BMK Document 390 Filed 09/13/13 Page 1 of 51 8668 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII RICHARD KAPELA DAVIS, MICHAEL HUGHES, DAMIEN KAAHU, ROBERT …
Brief • August 19, 2013
Steward v. Perry, TX, Interim Settlement, Institutionalization of Individuals with Developmental Disabilities, 2013
Brief • August 19, 2013
Cause of Action v. FTC, DC, Summary Judgment Order and Opinion, FOIA Fees, 2013 Case 1:12-cv-00850-EGS Document 19 Filed 08/19/13 Page 1 of 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ________________________________ ) ) ) Plaintiff, ) ) v. ) Civ. Action No. 1:12-cv-00850-EGS ) FEDERAL TRADE COMMISSION, …
Article • August 15, 2013
Excessive Gas May Substantially Burden Religion Under RLUIPA by The Ninth Circuit Court of Appeals vacated summary judgment on an Arizona prisoner’s religious diet claims because the lower court made inadequate findings. The Court also rejected Defendants’ contention “that excessive gas simply does not constitute a substantial burden” under the …
Article • August 15, 2013
Third Circuit Permits Institutionalized Persons to Challenge Proposed Class Action Settlement Agreement by In December 2012, the Third Circuit Court of Appeals held that the United States District Court for the Middle District of Pennsylvania had abused its discretion by denying intervention as of right pursuant to Fed. R. Civ. …
Article • August 15, 2013
FOIA: Administrative Appeal Remedies Deemed Exhausted when Agency Fails to Timely Determine Scope of its Intended Response by In April, 2013, the D.C. Circuit clarified the circumstances under which an agency response to a request for records under the Freedom of Information Act (FOIA) is (in)sufficient to trigger the requirement …
Article • August 15, 2013
Massachusetts Incarcerated Felon Disenfranchisement Constitutional; Voting Rights Act Claim Survives by A federal court in Massachusetts held that retroactive state constitutional and statutory amendments disenfranchising incarcerated felons do not violate the federal ex post facto or equal protection clauses. It found, however, that Plaintiffs stated a viable Voting Rights Act …
Ninth Circuit Reverses Denial of RFRA DNA Challenge by The Ninth Circuit Court of Appeals held that a lower court erroneously held that an offender’s belief that he can’t give blood was not a religious belief. After pleading guilty to federal charges in California, Gregory Zimmerman was compelled to provide …
Ninth Circuit Upholds BOP Boot Camp Termination by The Ninth Circuit Court of Appeals held that the federal Bureau of Prisons (BOP) did not violate the Administrative Procedures Act (APA) or a prisoner’s constitutional rights when it terminated its boot camp program. Congress passed a law in 1990, authorizing BOP …
Article • August 15, 2013
Washington’s Criminal Justice System Racially Biased; VRA Claim Fails by Despite holding that Washington State’s criminal justice system is racially biased, a Washington federal court has held that Washington’s felon disenfranchisement law does not result in discrimination in its electoral process on account of race. This case was originally filed …
Lindh v. Federal Correctional Institution Warden, IN, Order Denying Motion to Hold Dfdnt in Contempt, 2013 Case 2:09-cv-00215-JMS-MJD Document 227 Filed 07/19/13 Page 1 of 7 PageID #: 3496 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION JOHN LINDH, Plaintiff, vs. WARDEN, Federal Correctional Institution, Terre Haute, …
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