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Class Certified in Lawsuit Challenging Conditions at CCA-operated Indiana Jail, but Case Dismissed on Summary Judgment by David Reutter by David M. Reutter An Indiana federal district court certified a class and allowed claims to proceed that challenged unsafe conditions, lack of medical privacy and an alleged incentive scheme that …
Florida Citizen Fights CCA over Public Records Request by Prison officials tend to frown on public records requests. In fact, employees at a Florida facility operated by Corrections Corporation of America (CCA) were so ruffled by a citizen’s request for records that they called the cops. Joel Chandler, 47, has …
California: Federal Court Grants Increased Attorney Fee Rates in Armstrong Disability Case by On August 8, 2011, a California federal district court approved an increase in the hourly rates for the plaintiffs’ attorneys due to additional experience the attorneys had accrued since the beginning of the litigation. The court had …
DC Prisoner's False Imprisonment Claims Survive Summary Judgment by A federal court in the District of Columbia (DC) refused to dismiss a former prisoner's claims that she was improperly confined 149 days past her sentence expiration date. On December 15, 2005, Eloise Wormley was sentenced to 12 months in prison, …
9th Circuit Grants Public Access to Search Warrant Records by The U.S. Court of Appeals for the Ninth Circuit has overturned a District of Montana decision and granted unlimited access to search warrant records of a City of Garryowen business owner, whom the federal government investigated but declined to prosecute. …
$1,000 for Ohio Public Record Destruction; Party Must Intend to Obtain Record to Collect by The Ohio Supreme Court held that a party may not prevail on a suit for destruction of public records unless they actually intend to obtain the records in question. In July, 2007, Timothy Rhodes made …
Article • May 15, 2012
Army Scientist Paid $5.8 Million to Settle Anthrax Accusations Defamation Suit by In 2002, then-Attorney General John Ashcroft called Army scientist Steven Hatfill a "person of interest" in a deadly 2001 anthrax mailing case. Six years later, the United States Department of Justice (DOJ) paid Hatfill $5.8 million to settle …
BOP's Motion to Dismiss Religious Discrimination Case Denied by A North Carolina District Court has denied the Federal Bureau of Prisons (BOP) motion to dismiss prisoners Lascelles Somie and Oral Malcolm's complaint alleging that the BOP failed to permit them to exercise their Twelve-Tribe Rastafarian religion. The plaintiffs had claimed …
Former Connecticut Prisoner's ADA and RA Complaint Survives Motion to Dismiss by Derek Gilna By Derek Gilna Former Connecticut state prisoner Richard Rogues' Section 1983 lawsuit for violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) has survived a motion to dismiss filed by defendants, including …
Fourth Circuit Reverses Injunction Relating to Publication of Social Security Number on Virginia Land-Transfer Records by Derek Gilna By Derek Gilna The appeal arose from a First Amendment challenge to Virginia's Personal Information Privacy Act, Va. Code Sec. 59.1-442 to 444, part of which prohibits “[i]ntentionally communicat[ing] another individual's social …
Denial of Attorney’s Fees and Costs Reversed in New Hampshire Public Records Suit by The New Hampshire Supreme Court vacated a trial court's denial of costs under the State's "Right-to-Know Law," RSA chapters 91A and 215.A (2001 & Supp 2006). ATV Watch (ATV), a non-profit organization, monitors the use and …
6th Circuit Upholds SORNA Conviction Despite Incomplete State "Implementation" by Derek Gilna 6th Circuit Upholds SORNA Conviction Despite Incomplete State "Implementation" By Derek Gilna David Wayne Felts' conviction for failure to register under the Sex Offender Registration Notification Act (SORNA) was upheld by the Sixth Circuit Court of Appeals, which …
Article • May 15, 2012
Pro Se Lawyer Not Entitled to FOIA Attorneys' Fees by The Second Circuit Court of Appeals held that a lawyer who represents himself in Freedom of Information Act (FOIA) litigation cannot recover attorneys' fees under 5 USC § 522(a)(4)(E). James E. Pietrangelo, II, "served as a judge advocate with the …
Article • May 15, 2012
Virginia FOIA Inapplicable to State Corporation Commission by The Virginia Supreme Court held that the Virginia Freedom of Information Act (VFOIA) does not apply to the State Corporation Commission (SCC). On May 13, 2009, George H. Christian requested that the SCC produce documents pursuant to the VFOIA. On May 22, …
Second Circuit Rules No Property Interest in Prison Industries Job, Joining Third, Fifth and Seventh Circuits by In an unpublished opinion, the Second Circuit Court of Appeals held that federal prisoners do not have a protected property interest in a UNICOR job assignment. The court also affirmed the dismissal for …
Gartrell v. FBOP, PA, Gartrell Expert Policy Proposal, RFRA Bivens Action Muslim prayer times and locations, 2012 CONFIDENTIAL SUBJECT TO FRE 408 FOR SETTLEMENT PURPOSES ONLY Isadore Gartrell v. Federal Bureau of Prisons, et al. FCI Schuylkill Muslim Prayer Policy Proposal This Muslim Prayer Policy Proposal sets forth alternatives to …
State-by-State Prisoner Rape and Sexual Abuse Round-Up by Matthew Clarke by Matt Clarke and Alex Friedmann In 2006, Prison Legal News published a cover story, Guards Rape of Prisoners Rampant, No Solution in Sight, that presented a compilation of news reports concerning the rape and sexual abuse of prisoners by …
BOP Staff at FMC Lexington Recover Monetary Damages and Attorney Fees for Privacy Act Violations by Derek Gilna In a lengthy decision, the Court of Appeals for the Sixth Circuit held that approximately 100 employees of the Bureau of Prisons (BOP) could recover damages under the Federal Tort Claims Act …
Article • April 15, 2012 • from PLN April, 2012
Eighth Circuit Revisits Muslim Prisoner’s Settlement with Nebraska DOC; $74,000 in Attorney Fees Awarded by Derek Gilna In a detailed ruling, the U.S. Court of Appeals for the Eighth Circuit rejected an attempt by a Muslim prisoner to obtain additional attorney fees for alleged violations of an agreed injunctive order, …
Rumsfeld, Military Officials Immune from Suit by Foreign Nationals Alleging Torture on Foreign Soil by Michael Brodheim by Mike Brodheim On June 21, 2011, a divided D.C. Circuit Court of Appeals affirmed the judgment of a district court that dismissed claims for damages and declaratory relief brought by nine foreign …
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