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Fifth Circuit Reverses District Court's Denial of Appointment of Counsel by On March 6, 2009, Fifth Circuit reversed the district court's denial of appointment of counsel and upheld the dismissal of free exercise, equal protection and retaliation claims. Texas prisoner Willie Lee Garner filed a pro se lawsuit pursuant to …
Gartrell v. Federal Bureau of Prisons, PA, Settlement Agreement - Releasing RFRA and Equal Protection Claims - Prayer Accommodations (2013) AGREEMENT FOR COMPROMISE, SETTLEMENT AND RELEASE OF RELIGIOUS FREEDOM RESTORATION ACT AND EQUAL PROTECTION CLAIMS It is hereby agreed by and between Plaintiff, ISADORE GARTRELL, and Defendant, Federal Bureau of …
Brief • May 9, 2013
Filed under: RLUIPA, Religious Property
Yellowbear v. Lampert, WY, Pltf. Supplemental Reply Brief, Religious Property, 2013 Appellate Case: 12-8048 Document: 01019051529 Date Filed: 05/09/2013 Page: 1 IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT CASE NO. 12-8048 ANDREW JOHN YELLOWBEAR, JR., Plaintiff-Appellant v. ROBERT O. LAMPERT, Director Wyoming Department of Corrections, et …
Murphy v. Bonn, MI, Complaint, 8th Am ADA pain vision disabled prisoner, 2013 Case 1:13-cv-00220-PLM-PJG ECF No. 7 filed 05/02/13 PageID.33 Page 1 of 8 Case 1:13-cv-00220-PLM-PJG ECF No. 7 filed 05/02/13 PageID.34 Page 2 of 8 Case 1:13-cv-00220-PLM-PJG ECF No. 7 filed 05/02/13 PageID.35 Page 3 of 8 Case …
Brief • April 23, 2013
Filed under: RLUIPA, Religious Property
Yellowbear v. Lampert, WY, Dfdt. Appeal Brief, Religious Property, 2013 Appellate Case: 12-8048 Document: 01019040376 Date Filed: 04/23/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ANDREW JOHN YELLOWBEAR, JR., Plaintiff – Appellant, v. No. 12-8048 ROBERT O. LAMPERT, Director, Wyoming Department of Corrections, et al., Defendants …
Childress v. Ashby, IL, Amended Complaint, Paraplegic Catheter Access, 2013 3:13-cv-03074-EIL # 14 Page 1 of 23 E-FILED Friday, 19 April, 2013 12:04:06 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT F'OR THE CEN'rRAL DISRICT OF ILLINOIS NOTICE OF FILING CRAIG A. CHILDRESS ff, vs. MOTION FOR LEAVE …
U.S. Immigration Policy: Dysfunctional, Profitable and Resistant to Reform by Derek Gilna The nation's economy remains fragile, U.S. troops continue to fight a losing war in Afghanistan, North Korea has recently threatened a nuclear attack, and in March 2013 Congress and President Obama failed to reach a compromise to prevent …
Second Circuit: Continuing Violations Exhausted with Single Grievance by The Second Circuit Court of Appeals held on May 16, 2012 that a New York district court had incorrectly concluded that a prisoner failed to exhaust his administrative remedies before bringing a religious freedom suit. Muslim prisoner Neil Johnson was confined …
Federal Court Enters Interim Fee Award Against BOP in FOIA Suit by The Federal Bureau of Prisons (BOP) began 2013 with an adverse ruling from the U.S. District Court for the District of Oregon, after the BOP had spent several years refusing to disclose allegedly confidential information that was, in …
Article • April 15, 2013
1st Circuit Affirms Federal Tort Claims Judgment Against FBI in Bulger Cases by Derek Gilna The U.S. Court of Appeals for the 1st Circuit has affirmed the judgments entered against the Federal Bureau of Investigation, (FBI), under the Federal Tort Claims Act, (FTCA). In the most recent chapter of the …
Article • April 15, 2013
Third Circuit Holds No RLUIPA Damages by The Third Circuit Court of Appeals upheld a judgment for prison officials on a Pennsylvania prisoner's religious freedom claims. Pennsylvania prisoner Shawn Sharp is a Sunni Muslim who "identifies himself as a member of the Habashi sect." "Jumah is a group prayer service …
Article • April 15, 2013
US Court of Appeals, DC Circuit, Upholds NSA Disclosure Exemption by The United States Court of Appeals for the District of Columbia Circuit affirmed in May 2012 the U.S. District Court’s D.C. District judgment for the National Security Administration (NSA) after the NSA issued a Glomar response stating that under …
Article • April 15, 2013
US Court of Appeals Remands FOIA Suit for Dismissal by The United States Court of Appeals for the Seventh Circuit remanded in May 2012 a state Freedom of Information Act suit that pitted the Chicago Tribune against the University of Illinois for action by the state court. The court directed …
US Court of Appeals Reverses Federal Employee Assault Claim Against Coworker by The United States Court of Appeals for the Fourth Circuit reversed in March 2012 the sovereign immunity finding of the U.S. District Court, Eastern District of Virginia, and remanded for further proceedings the cause of contract security officer …
Article • April 15, 2013
US Court of Appeals Upholds CIA Glomar Response by The United States Court of Appeals for the District of Columbia Circuit affirmed in December 2011 the grant of summary judgment by the U.S. District Court for the District of Columbia in favor of the Central Intelligence Agency in a Glomar …
US District Court Denies Fla. DOC Wrongful Death Defense by The United States District Court for the Middle District in Ocala denied in September 2012 the Florida Department of Corrections’ dispositive motion in the First Amendment claims of Lynn Wolfe, Plaintiff and mother of deceased DOC prisoner, Daniel Wolfe. Plaintiff …
US District Court Orders Release of Records to Prisoner by In the United States District Court for the District of New Mexico, before U.S. Magistrate Lourdes A. Martinez, federal prisoner Anceso Rodrigo Aceves prevailed in his efforts to obtain certain prison records pertaining to himself. Defendants were officials of the …
Eighth Circuit Vacates Special Condition of Supervised Release on Possessing Materials Depicting Nudity by Brandon Sample A special condition of supervised release prohibiting the possession of "any material, legal or illegal, that contains nudity or that depicts or alludes to sexual activity or depicts sexually arousing material" sweeps too broadly …
Second Circuit: SORNA Applies to All Sex Offenders by Mark Wilson The Second Circuit Court of Appeals held that the federal Sex Offender Registration and Notification Act (SORNA) applied upon enactment to sex offenders whose predicate sex offense convictions predate SORNA. The appellate court also held that violation of SORNA’s …
Article • April 15, 2013
Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation by Brandon Sample The U.S. Supreme Court's decision in Heck v. Humphrey does not bar a released federal prisoner's false imprisonment claims under the Federal Tort Claims Act (FTCA), the U.S. Court of Appeals for the Eleventh Circuit …
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