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Brief • December 7, 2011
Bell v. BOP, KY, Amended Complaint, Lymphoma Ignored Willful Neg Death, 2011 Case: 7:10-cv-00072-ART-REW Doc #: 83 Filed: 12/07/11 Page: 1 of 7 - Page ID#: 861 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION at PIKEVILLE [Filed Electronically] MARY BELL, Mother and Personal Representative of TIMOTHY U. …
Brief • December 1, 2011
Prison Legal News v. DC, DC, Order Granting Plf Mot for Fees and Costs, 2011 SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA Civil Division PRISON LEGAL NEWS, Plaintiff, v. THE DISTRICT OF COLUMBIA, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 2008 CA 004598 …
Brief • December 1, 2011
Saldano v. Welch, AZ, Complaint, ADA Compliance, 2011 Page 1 of 11 Document 1 · Filed 12/01/ LODGED COPY RECEIVED . . .DECO l. 2011 · ·. CLERK U S DISTRICT COURT DISTRICT OF ARIZONA DEPUTY BY · (Failure to notify the Court of your change of address may result …
PLN Wins Partial Victory, Attorneys Fees in FOIA Video Tape Suit Against U.S. Attorneys’ Office by Brandon Sample by Brandon Sample and Derek Gilna In a lawsuit brought under the Freedom of Information Act (FOIA), Prison Legal News was awarded attorneys fees by a U.S. District Court in Colorado after …
Ninth Circuit: PLRA Precludes Award of Attorney Fees Where Violation of Prisoner’s Rights is Not Affirmatively Established by The Ninth Circuit held that the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d)(1), precludes an award of attorney fees in cases where a prisoner obtained relief but did not affirmatively …
Nevada DOC’s Ban on Male Supervisors at Women’s Prison Invalidated by The Ninth Circuit Court of Appeals invalidated a Nevada prison policy barring male employees from holding certain supervisory positions at a women’s prison. Circuit Judge Marsha S. Berzon delivered the opinion, holding that the ban violated Title VII of …
Ninth Circuit Holds California Prison Officials Responsible for Providing Reasonable Accommodations to Disabled Prisoners and Parolees Held in County Jails by In the latest chapter of a legal saga spanning 16 years, on September 7, 2010 the Ninth Circuit rejected a renewed attempt by California prison officials to shirk their …
Article • November 15, 2011 • from PLN November, 2011
Tenth Circuit Rules Denial of Halal Diet May Violate RLUIPA by Michael Brodheim by Mike Brodheim The denial of a halal diet to a Muslim prisoner may violate the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§ 2000cc to 2000cc-5, the Tenth Circuit held on April 2, …
Eighth Circuit Upholds Denial of Qualified Immunity on Medical Claims Against CMS by On July 20, 2010, the Eighth Circuit Court of Appeals affirmed in part a district court’s denial of summary judgment to prison officials on the medical claims of two Arkansas state prisoners. Arkansas Department of Corrections (ADOC) …
$72,000 in Attorney Fees and Costs Awarded in Montana FOIA Action by On May 14, 2008, U.S. District Court Judge Donald W. Molloy awarded $72,701.99 in attorneys’ fees and costs in an action under the Freedom of Information Act (FOIA). Wildlands CPR sued the U.S. Forest Service under FOIA for …
Article • November 15, 2011
Booking Photos Not Subject to Disclosure Under FOIA by The U.S. Marshals Service does not have to turn over mug shot photos in response to a Freedom of Information Act (FOIA) request, U.S. District Judge Paul C. Huck ruled December 14, 2009. Theodore Karanstalis, a freelance reporter, submitted a FOIA …
Article • November 15, 2011
D.C. Appeals Court Dismisses Prisoners' Privacy Claims in Photograph Retention Suit by Derek Gilna Derek Gilna The U.S. Court of Appeals for the District of Columbia turned aside an appeal by Keith Maydak, Ambrose Mitchell, Paul Lee, and Gregory Smith, who were federal prisoners, alleging violations by the Bureau of …
Article • November 15, 2011
Exemption 2 of the FOIA Only Applies to “Personnel” Matters, Supreme Court Holds by Exemption 2 of the Freedom of Information Act (FOIA), which bars the disclosure of records “relayed solely to the internal personnel rules and practices at an agency,” is limited to documents that “concern the conditions of …
Article • November 15, 2011
False Claims Act’s Seal Provisions Held Unconstitutional by The Seal provisions of the False Claims Act (FCA) do not violate the First Amendment, the U.S. Court of Appeals for the Fourth Circuit decided March 28, 2011. The FCA allows private citizens to bring suit on behalf of the United States …
Article • November 15, 2011
Puerto Rico Independent Prison Medical Services Contractor Not Employee by On November 16, 2010, the First Circuit court of appeals upheld the ruling of a Puerto Rico federal court that an physician who was an independent contractor providing medical services in Puerto Rico prisons was not an employee of the …
Article • November 15, 2011
FOIA’s Privacy Exemptions Do Not Apply to Corporations, Supreme Court Holds by Exemption 7(c) of the Freedom of Information Act (FOIA) allows the withholding of records that “could reasonably be expected to constitute an unwarranted invasion of personal privacy,” 5 U.S.C. § 552 (b) (7) (c). The third circuit held …
Davis et al v. Abercrombie et al, HI, Complaint, CCA religious discrimination denial retaliation, 2011 Case 1:11-cv-00144-LEK -BMK Document 42 Filed 11/14/11 Page 1 of 126 821 PageID #: NATIVE HAWAIIAN LEGAL CORPORATION 1164 Bishop Street, Suite 1205 Honolulu, Hawaii 96813 Telephone: (808) 521-2302 Fax: (808) 537-4268 ANDREW B. SPRENGER …
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 …
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