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O'Neil, as next friend to the minor C.P,. v. Texas Dept. of Criminal Justice, et al., TX, settlement info, wrongful death, 2011 Case 2:10-cv-00003-J-BB Document 245 Filed 08/01/11 Page 1 of 3 PageID 2193 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION GAIL O’NEIL, …
Article • July 15, 2011
Fifth Circuit: Texas Muslim Prisoners May Have Right to Wear Beards by On November 21, 2007, the Fifth Circuit court of appeals ruled that Texas state prisoners who are Muslims may have the right to wear a beard. Fredrick Gooden and Garrett Gibb, Texas state prisoners, filed suit under 42 …
Idaho Court Of Appeals: Indigent Prisoners Not Required To Post Bond by Matthew Clarke By Matt Clarke The Idaho Court of Appeals has ruled that an indigent prisoner’s legal action cannot be dismissed for failure to post the bond required by I.C. § 6-610 of persons filing suit against a …
Maine Supreme Judicial Court Reinstates Challenge to Maine SORNA by Matthew Clarke By Matt Clarke The Maine Supreme Judicial Court has reversed the dismissal of a challenge to the Maine Sex Offender Registration and Notification Act (SORNA), 34-A M.R.S. §§ 11201-11256. John Doe is the pseudonym of a person convicted …
Article • July 15, 2011
Seventh Circuit Says No Religious Diet Violated RLUIPA by Mark Wilson By Mark Wilson The Seventh Circuit Court of Appeals held that Illinois prison officials violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) when they denied a prisoner a non-meat diet. Illinois prisoner Gregory Koger changed his religious …
No FTCA Claim for Property Erroneously Mailed Home By BOP; Failure to Protect Claim Cognizable by Brandon Sample No FTCA Claim for Property Erroneously Mailed Home by BOP; Failure to Protect Claim Cognizable by Brandon Sample The United States is immune from suit under the Federal Tort Claims Act (FTCA) …
9th Circuit: Eleventh Amendment Bars Prisoner’s Claim for Damages under RLUIPA by The Ninth Circuit has held that a prisoner bringing suit under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc-1, may not obtain damages from state officials in their official capacities. California …
Article • July 15, 2011
9th Circuit: RLUIPA Not Applicable To Courthouse Holding Cell by Michael Brodheim By Mike Brodheim A divided Ninth Circuit panel has held that a courthouse holding cell is not an "institution" as defined by the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc et seq., and …
Sex Offense against Minor Requires Registration by The Eleventh Circuit Court Appeals affirmed a sentence that required a defendant convicted of five misdemeanor counts of willfully depriving individuals of their right to be free from unreasonable searches by one acting under color of law to register as a sex offender …
SORNA's Registration Requirements Do Not Apply to Convictions Involving the Transfer of Obscene Materials to a Minor by Brandon Sample By Brandon Sample On January 14, 2009, the U.S. Court of Appeals for the Eleventh Circuit decided that the registration requirements of the Sex Offender Registration and Notification Act (SORNA) …
Article • July 15, 2011
Ninth Circuit Upholds BOP's Authority to Set Payment Schedules Under IFRP by Brandon Sample By Brandon Sample The Federal Bureau of Prisons (BOP) is free to use its Inmate Financial Responsibility Program (IFRP) to collect restitution from prisoners in amounts different than those set by a defendant's sentencing court, the …
U.S. Department of Justice Report Puts Price Tag on Preventing Prison Rape by Matthew Clarke by Matt Clarke On June 18, 2010, the U.S. Department of Justice (DOJ) released a report on the estimated fiscal impact of the Prison Rape Elimination Act (PREA) standards that had been proposed by the …
Failure to Protect May Raise Claim Under Federal Tort Claims Act by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that it was inappropriate to grant summary judgment against a prisoner who was assaulted by gang members after he had warned prison officials of the danger …
Brief • July 14, 2011
Prison Legal News v EOUSA, US, Reply Brief - newspapers, FOIA public records, 2011 No. 10-1510 IN THE Supreme Court of the United States ———— PRISON LEGAL NEWS, Petitioner, v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Respondent. ———— On Petition for a Writ of Certiorari to the United States Court …
Publication • June 30, 2011
Making Your Life Your Own: How Olmstead Expands Rights and Opportunities for People with Serious Mental Illnesses, Bazelon Center for Mental Health Law, 2011 Making Your Life Your Own How Olmstead Expands Rights and Opportunities for People with Serious Mental Illnesses Updated June 30, 2011 On June 22, 1999, the …
Texas Prison System Must Accommodate Hearing-Impaired Visitors by Matthew Clarke by Matt Clarke On December 2, 2010, a Texas federal court entered summary judgment in favor of a visitor to a state prisoner who had sued the Texas Department of Criminal Justice (TDCJ) for failing to adequately accommodate his disability. …
Blind Virginia Prisoner Settles Suit to Accommodate Disability by A blind prisoner has settled her federal lawsuit that claimed the Virginia Department of Corrections (VDOC) and Virginia Department of Correctional Education (VDCE) violated Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by failing …
Article • June 15, 2011 • from PLN June, 2011
Virginia DOC Settles Censorship Suit Over The Final Call by The Virginia Department of Corrections (VDOC) has agreed to settle a lawsuit filed by a prisoner at Red Onion State Prison over the rejection of numerous issues of The Final Call, a newspaper of the Nation of Islam. Kelvin Brown …
Brief • June 14, 2011
Prison Legal News v. EOUSA, US, Petition, public records, 2010 NO. ____ In the Supreme Court of the United States ________________ PRISON LEGAL NEWS, Petitioner, v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Respondent. ________________ On Petition for a Writ of Certiorari to the United States Court of Appeals for the …
Statement of the Department of Justice on the Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Omstead v. L.C., U.S. Department of Justice, 2011 U.S. Department of Justice Civil Rights Division Statement of the Department of Justice on Enforcement of the Integration Mandate …
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