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Ramirez v. Trujillo, NM, Settlement, Sexual Assault and Rape, 2011 SETTLEMENT AGREEMENT, RELEASE AND COVENANT OF NON-DISCLOSURE For the consideration of the sum of THIRTY FIVE IHOUSAND DOLLARS AND 00/100 ($35,000.00), paid by CORRECTIONS CORPORATION OF AMERICA, the receipt and sufficiency ofwhicb is hereby acknowledged, VERONICA RAMIREZ docs hereby release, …
Davis et al v. Abercrombie et al, HI, Order denying Def Mot to Transfer Venue, CCA religious discrimination denial retaliation, 2011 Case 1:11-cv-00144-LEK -BMK Document 28 Filed 05/27/11 Page 1 of 27 657 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII RICHARD KAPELA DAVIS; et …
Juvenile Justice Expert Condemns Rhode Island’s Jailing of Students for Minor Offenses by Derek Gilna Attorney John J. Wilson, a Department of Justice lawyer for almost 31 years, and the author of federal regulations for the Juvenile Justice and Delinquency Prevention Act of 1974, has condemned the practices of Rhode …
Article • May 15, 2011
Ninth Circuit: “Some Evidence” of Offense Viciousness Justifies Denial of Lifer’s Parole by Marvin Mentor The Ninth Circuit U.S. Court of Appeals held that the denial of a second degree murderer’s parole by the California parole board (BPT), based upon factors relating solely to the commitment offense, was justified when …
U.S. Supreme Court Asks Montana Supreme Court to Address Whether FJDA Conviction Requires Registration Under Montana Law by On June 7, 2010, the U.S. Supreme Court certified a question to the Montana Supreme Court in order to decide whether a petition for writ of certiorari currently pending before the Court …
Article • May 15, 2011
Metadata is a Public Record, Washington Supreme Court Holds by The Washington State Supreme Court has held that Metadata is a public record that must be disclosed under the Public Records Act (PRA). This case raised a question of first impression for the Court. Metadata is “information describing the history, …
Article • May 15, 2011
Second Circuit Orders District Court to Decided Vote Dilution Case by On June 1, 2006, the Second Circuit court of appeals remanded a case challenging the legality of the New York felon disenfranchisement laws (FDL), New York Constitution, Art. II, § 3 and New York Election Law § 5-106. This …
Article • May 15, 2011
Sixth Circuit Orders Ruling On Unsealing of Sealed Criminal Case by On February 5, 2009, the Sixth Circuit ordered a district court to rule on a crime victim's motion to unseal a sealed criminal case. The criminal case was sealed on August 28, 2008. The victim, filed a motion to …
Washington DOC Agrees to Pay $15,500 to Paraplegic Prisoner for Disability-Based Discrimination by On January 27, 2006, the Washington State Department of Corrections (DOC) agreed to pay $15,500 to a paraplegic prisoner who received inadequate medical care and was discriminated against because of his disability. John Chauers, a DOC prisoner …
Court Orders ICE to Produce Metadata in Responding to FOIA Request by U.S. District Judge Shire A. Scheindlin has ordered the U.S. Immigration and Customs Enforcement Agency (ICE) to turn over thousands of documents and emails in electronic format. The plaintiffs, immigration rights organizations, sought records from ICE concerning its …
D.C. Agrees to Pay $2,700 to Settle FOIA/Civil Rights Claims Over Use of Tear Gas by On August 23, 2004, the District of Columbia agreed to pay $2,700 to a former prisoner at the D.C. Jail in order to settle two suits—one under the Freedom of Information Act (FIOA), and …
Third Circuit Upholds BOP Early Rule against APA Challenge by On October 26, 2009, the U.S. Court of Appeals for the Third Circuit joined the Eighth Circuit in holding that the Bureau of Prisons (BOP) did not violate the Administrative Procedure Act (APA) in categorically excluding certain offenders from early …
Article • May 15, 2011
Summary Judgment for Michigan DOC Denied In Kosher Meal Suit by A Michigan federal district court ruled that the question of whether a prison's policy is a "less restrictive" means of determining a prisoner's religious sincerity before allowing a Kosher diet is a question of fact precluding summary judgment. Michigan …
Felon Disenfranchisement Statute Does Not Violate Voting Rights Act by Brandon Sample The good news for Washington state prisoners wanting to restore their voting rights? The state’s felon disenfranchisement statute violates the Voting Rights Act (VRA), a panel of the U.S. Court of Appeals for the Ninth Circuit held on …
Holmes et al. v. Baldwin, IL, Complaint, Mistreatment Deaf Prisoners, 2011 Case: 1:11-cv-02961 Document #: 1 Filed: 05/04/11 Page 1 of 45 PageID #:1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION RALPH HOLMES, DANIEL BAXTER, GEORGE CHILDRESS, HANNIBAL EASON, CURTIS FOSTER, CURTIS HALTERMAN, BILLY JOHNSON, …
Brief • April 21, 2011
Filed under: RLUIPA, First Amendment
Leonard v. State of Louisiana, LA, Appellants Reply Brief, RLUIPA Final Call, 2011 Case: 10-30982 Document: 00511454344 Page: 1 Date Filed: 04/21/2011 No. 10-30982 IN THE 8QLWHG6WDWHV&RXUWRI$SSHDOV IRUWKH)LIWK&LUFXLW _____________________ HENRY LEONARD, Plaintiff – Appellee, v. STATE OF LOUISIANA, on behalf of Department of Public Safety and Corrections; RICHARD STALDER, individually …
Open Government Act’s Catalystic Theory for Attorneys’ Fees Doesn’t Apply Retroactively by The provisions of the Open Government Act of 2007 that restore the catalyst theory for attorneys’ fees do not apply retroactively, the D.C. Circuit decided June 26, 2009. Anthony Summers settled a Freedom of Information Act (FOIA) suit …
Crime Victims May Not Appeal Criminal Sentences, Tenth Circuit Decides by Brandon Sample By Brandon Sample Crime victims may not appeal a defendant's sentence or the denial of rights under the Crime Victims' Rights Act of 2004 (CVRA), the U.S. Court of Appeals for the Tenth Circuit decided December 2, …
PLRA Does Not Require Exhaustion When Prison Officials Cannot Afford Any Relief "Whatsoever," D.C. Circuit Decides by PLRA Does Not Require Exhaustion When Prison Officials Cannot Afford Any Relief "Whatsoever," D.C. Circuit Decides By Brandon Sample The Prison Litigation Reform Act (PLRA) does not require exhaustion of administrative remedies when …
Article • April 15, 2011
Sixth Circuit Affirms Denial of Qualified Immunity for Michigan DOC Officials for Religious Book Censorship by On February 6, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed a denial of qualified immunity for three Michigan prison officials accused of violating the First Amendment and the Religious Land …
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