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Article • October 15, 2011 • from PLN October, 2011
FDOC Pen Pal Advertising Ban Passes Constitutional Scrutiny by David Reutter by David M. Reutter In January 2011, a federal district court granted summary judgment to the Florida Department of Corrections (FDOC) in a lawsuit challenging FDOC rule 33-210.101(9), Florida Administrative Code, which prohibits prisoners from advertising for pen pals …
D.C. District Court Partially Dismisses Lawsuit by BOP CMU Prisoners by A lawsuit filed on behalf of prisoners held in Communication Management Units (CMUs) at federal prisons in Terre Haute, Indiana and Marion, Illinois, which alleged violations of their Constitutional rights due to placement in the CMUs, as well as …
California District Court Rips Feds for “False and Misleading Information” in FOIA Case, Then Does Nothing by In a lawsuit filed by six Islamic organizations and five individuals, the U.S. District Court for the Central District of California, Southern Division, found that the FBI and the U.S. government had “provided …
Brief • October 12, 2011
Gartrell v. FBOP, PA, Order denying of Def MTD, RFRA Bivens Action Muslim prayer times and locations, 2011 Case 1:10-cv-02160-WWC Document 39 Filed 10/12/11 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ISADORE GARTRELL, Plaintiff v. FEDERAL BUREAU OF PRISONS, et al., …
Brief • September 27, 2011
Prison Legal News v EOUSA, US, Reply Brief, FOIA public records NO. 10-1510 In the Supreme Court of the United States ________________ PRISON LEGAL NEWS, v. Petitioner, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Respondent. ________________ On Petition for a Writ of Certiorari to the United States Court of Appeals for …
No New Trial on Religious Separatist Claims by The Eighth Circuit Court of Appeals affirmed the denial of new trial on a Missouri prisoner’s religious freedom claims. Missouri prisoner Michael Murphy “is a practicing member of the Christian Separatist Church Society (CSC)” which “allows only Caucasians to be members and …
Article • September 15, 2011
Prisoners Must Resort to Habeas First before Settling Relief under the Privacy Act when Attacking a Prison Disciplinary Conviction that Involves the Loss of Good Time by Federal prisoners may not seek monetary damages via the Privacy Act when the requested relief, if granted, would necessarily imply the invalidity of …
Article • September 15, 2011 • from PLN September, 2011
California: Orange County Jail System Ordered to Remedy ADA Violations by Michael Brodheim by Mike Brodheim Following remand from the Ninth Circuit’s ruling in Pierce v. County of Orange, 525 F.3d 1190 (9th Cir. 2008) [PLN, Feb. 2009, p.34], U.S. District Court Judge Audrey B. Collins held on January 7, …
Former Federal Prisoner Seeks Almost $280,000 in Attorney Fees from BOP by In an unusual case, Nicole Michelle Defontes is seeking nearly $280,000 in “attorney’s fees, expert fees, and costs to challenge the Bureau of Prisons’ (BOP) violations of its own rules and regulations,” according to a motion filed in …
Article • September 15, 2011
Ninth Circuit: Victims Have Right to Speak At Sentencing by Ninth Circuit: Victims Have Right to Speak at Sentencing W. Patrick Kenna is a victim of fraud perpetrated by Moshe and Zvi Leichner, a father and son team who swindled scores of victims out of nearly $100 million. Mosche was …
Iraqi Refugee Awarded $88 Million for Torture by Iraqi Refugee Awarded $88 Million for Torture by Hussein Regime An Iraqi refugee who was detained and tortured by Saddam Hussein’s regime was awarded $88 million in 2004. In 1991, 20-year-old Abdullah K. Alkhuzai was arrested by the Iraqi government following a …
Article • September 15, 2011
Fourth Circuit: Virginia Not Immune from RLUIPA Suit by On December 29, 2006, the Fourth Circuit Court of Appeals held that the Religious Land Use and Institutionalized Persons Act (RLUIPA) was a valid exercise of Congress’ spending powers and that the State of Virginia was subject to its requirements because …
Shelton v. Kane, PA, Complaint, Violence in Special Management Units, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA NORMAN SHELTON, Plaintiff, v. CIVIL ACTION THOMAS R. KANE, JOSEPH NORWOOD, BRIAN A. BLEDSOE, CHUCK MAIORANA, DARRELL YOUNG, KRISTA REAR, J. DUNKELBERGER, JOHN ADAMI, J. FOSNOT, F. …
Brief • August 17, 2011
CCPOA V, CDCR, CA, Complaint, Unpaid Overtime, 2011 11111111 H 1111 ffl 111111 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-17-2011 3:22 pm Case Number: CJC-11-004661 Filing Date: Aug-17-2011 3: 19 JukeBox:001 lmage:03302394 COMPLAINT CALIFORNIA CORRECTIONAL EMPLOYEES WAGE AND HOUR CASES 001 C03302394 Instructions: Please …
Article • August 15, 2011 • from PLN August, 2011
Habeas Hints: Expert Testimony in Habeas Cases 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 habeas corpus under AEDPA, the 1996 habeas …
U.S. Supreme Court: No Monetary Damages Against States Under RLUIPA by On April 20, 2011, the U.S. Supreme Court ruled that state sovereign immunity bars recovery of monetary damages under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, et seq. Harvey Leroy Sossamon III, a …
Article • August 15, 2011 • from PLN August, 2011
Placement in Maximum Security Facility May Trigger Due Process Protections; Religious Diet Claims Remanded by The U.S. Court of Appeals for the Sixth Circuit has reversed a district court’s grant of summary judgment to Michigan prison officials in a procedural due process and religious diet lawsuit. Lamont Bernard Heard received …
Terminated South Carolina Wardens Awarded a Total of $882,000 by Mark Wilson On December 22, 2010, the South Carolina Court of Appeals upheld a $372,000 verdict in favor of a prison warden who was wrongfully terminated by the South Carolina Department of Corrections (SCDC). In 2002, SCDC Investigator Karen Hair …
Salas v. Buccigrossi, NM, Settlement, Sexual Assault and Rape, 2011 SETTLEMENT AGREEMENT, RELEASE ANDCOVENANT OFNON-DISCLOSURE For the consideration of the sum of TWENTY NINE THOUSAND DOLLARS AND 00/100 ($29,000.00), paid by CORRECTIONS CORPORATION OF AMERICA, the receipt and sufficiency of which is hereby acknowledged, BRENDA SALAS does hereby release, acquit …
Armstrong v. Brown, CA, Order Granting Motion to Compel Attorney Fees, 2011 Case4:94-cv-02307-CW Document1919 1 Filed08/08/11 Page1 of 8 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 No. C 94-2307 CW JOHN ARMSTRONG, et al., 5 ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL COMPENSATION …
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