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Article • April 15, 2013
Disabled Oregon Detainee's ADA, Retaliation and Deliberate Indifference Claims Go to Jury by An Oregon federal court denied jail officials summary judgment on a disabled prisoner's deliberate indifference, Americans with Disabilities Act (ADA) and retaliation claims. Nathan Deffenbaugh is a wheelchair-bound double amputee below the knees. Most of his fingers …
Dismissal of Massachusetts Prisoner's ADA/RA Claims Reversed by The Massachusetts Supreme Judicial Court reversed the dismissal of a prisoner's claim that prison officials failed to provide reasonable accommodation for his disability. Massachusetts prisoner Paul Shedlock suffers "a constellation of medical problems, including sciatica, degenerative joint disease, and left leg atrophy." …
Article • April 15, 2013
Fifth Circuit Upholds Summary Judgment for Jewish Prisoners' Religious Practice by Texas prisoner Thomas H. Baranowski, Pro Se, appealed a summary judgment by the district court. Baranowski, a member of the Jewish faith, alleged that prison officials violated his First and Fourteenth Amendments and the Religious Land Use and Institutionalized …
Former Kansas Prisoner Civil Rights Suit Dismissed by 10th Circuit by Derek Gilna The 10th Circuit Court of Appeals has affirmed a district court decision dismissing the 42 U.S.C. Section 1983 case alleging violations of the Kansas Constitution, the Kansas Tort Claims Act, the Americans with Disabilities Act, the Rehabilitation …
Article • April 15, 2013
Sixth Circuit Holds FTCA Bars False Arrest Claim; Summary Judgment for Media Upheld by The Sixth Circuit Court of Appeals affirmed the dismissal of a Tennessee woman's false arrest claims against the United States. It also affirmed the dismissal of defamation and false light claims against a media outlet. In …
Article • April 15, 2013
Supermax Prisoner Denied FOIA and Privacy Requests by 10th Circuit by Derek Gilna Mark Jordan, a prisoner at the United States Penitentiary Administrative Maximum Facility (ADX), in Florence, Colorado, has been denied relief under the Freedom of Information Act (FOIA), 5 U.S.C. Section 552, and the Privacy Act (PA), 5 …
Article • April 15, 2013
Supreme Court of Arkansas Weighs Hospital's Private Doctors Against FOIA by The Supreme Court of Arkansas delivered opinion in April 2012 in a Freedom of Information Act (FOIA) action levied by a law firm against three doctors and ancillary institutions involved in a medical malpractice suit. The firm of Harrill …
Article • April 15, 2013
Tenth Circuit: Individual Damage Claims Improper Under RLUIPA; Right Against Rastafarian Haircut Not Clearly Established by The Tenth Circuit Court of Appeals upheld a lower court's dismissal of a Kansas Rastafarian prisoner's constitutional and statutory challenges to a requirement that he comb out or cut his dreadlocks. Sturgeon Stewart was …
Article • April 15, 2013
Third Circuit Denies Claim against Government for Attorney’s Fees under EAJA by Derek Gilna Dr. John Handron, a psychologist, failed in his attempt to win reimbursement for tens of thousands of attorneys' fees from the government he had incurred in defending the government's claim that he had overbilled Medicare more …
Article • April 15, 2013
Eighth Circuit Court Considers Prison Religious Practices Suit by The United States Court of Appeals for the Eighth Circuit in May 2012 per curiam affirmed the finding for the state in the Eastern District Court of Arkansas in which a Religious Land Use and Institutionalized Persons Act (RLUIPA) suit was …
Pre-SORNA Offenders Not Required to Register Until Attorney General’s Regulations Issued by Brandon Sample On March 13, 2009, the U.S. Court of Appeals for the Fourth Circuit joined in a growing circuit split over the applicability of the Sex Offender Registration and Notification Act (SORNA) to offenders who failed to …
Seventh Circuit: No Minimum Wage for Civilly Committed Sex Offenders by The Seventh Circuit Court of Appeals held that civilly committed sexually violent offenders are not entitled to minimum wage for the labor they perform. After serving his prison sentence, Paschall L. Sanders, III, was civilly committed to a secure …
White v. Lynch, FL, Decision on Class Complaint, Sexual Harassment Female Guards, 2013 UNITED STATES OF AMERICA EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MIAMI DISTRICT OFFICE HEARINGS UNIT DECISION In the Complaint of Taronica White, Et al., v. EEOC Case No. 510-2012-00077X Eric Holder, Attorney General, U.S. Department of Justice, Federal Bureau …
Colbert v. State of NM, NM, Complaint, Failure to Protect, 2013 FILED IN MY OFFICE DISTRICT COURT CLERK 4/5/2013 3:53:21 PM STEPHEN T. PACHECO FIRST JUDICIAL DISTRICT COUNTY OF SANTA FE STATE OF NEW MEXICO jc WILLIAM COLBERT, Plaintiff, D-101-CV-2013-00969 Case No. - - - - - - - - …
Cerveka v. Czech Republic, ECHR, Comment, Olmstead Mandate Segregating Prisoners with Mental Illness, 2013
Sardakowski v. Clements, CO, Recommendation, 8th Am ADA RA mental health, 2012 Case 1:12-cv-01326-RBJ-KLM Document 92 Filed 03/26/13 USDC Colorado Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-01326-RBJ-KLM JAMES SARDAKOWSKI, Plaintiff, v. TOM CLEMENTS, in his official capacity as …
Brief • March 22, 2013
Filed under: RLUIPA, Religious Property
Yellowbear v. Lampert, WY, Pltf. Supplemental Appeal Brief, Religious Property, 2012 Appellate Case: 12-8048 Document: 01019023926 Date Filed: 03/22/2013 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 …
Article • March 15, 2013
Wisconsin Prisoner's Pro-Se AEDPA Action Dismissed, Reversed and Remanded by Derek Gilna The U.S. District Court for the Western District of Wisconsin's denial of a pro-se application for a writ of habeas corpus by prisoner Stanley E. Martin, Jr., was reversed and remanded by the Seventh Circuit Court of Appeals …
Article • March 15, 2013
Wisconsin Prisoner's Pro-se AEDPA Action Rejected by Seventh Circuit by Derek Gilna In an appeal from the U.S. District Court for the Western District of Wisconsin, Ronald Romanelli, a prisoner at the Columbia County Jail, was unsuccessful in convincing the Seventh Circuit of the United States Court of Appeals to …
Article • March 15, 2013
U.S. Liable Under FTCA for Trauma of Home Raid Resulting from Postal Service Employee's Misinforming Law Enforcement by Michael Brodheim by Mike Brodheim A federal district judge in New York has held that the United States is liable under the Federal Tort Claims Act (FTCA) for the emotional distress caused …
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