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Second Circuit Rejects Due Process Challenge to SORNA Conviction by On December 16, 2009, the U.S. Court of Appeals for the Second Circuit upheld a sex offender’s conviction under the Sex Offender Registration and Notification Act (SORNA) against a due process challenge. Travis Hester was convicted of a sex offense …
Article • April 15, 2011
Freedom of Information Act Request Denied by On September 16, 2008, the Kanawha County Circuit Court in West Virginia ordered the disclosure of five of thirteen emails requested by The Associated Press (AP) through a Freedom of Information Act (FOIA) request submitted February 29, 2008 to Mr. Steven Canterberry, Administrative …
State Law Registration Requirements Trigger SORNA by On December 15, 2009, the U.S. Court of Appeals for the Eleventh Circuit upheld a sex offender’s conviction under the Sex Offender Registration and Notification Act (SORNA). David Griffey was convicted of a sex offense in Illinois, but later moved to Alabama after …
Article • April 15, 2011
Summary Judgment for BOP in FOIA Case Granted by On January 27, 2010, U.S. District Judge Rosemary M. Collyer granted summary judgment for the Bureau of Prisons (BOP) in a Freedom of Information Act (FOIA) suit wherein the prisoner sought records related to a former BOP guard who was terminated …
Some Agencies Balk at Releasing Prison Phone Data by Michael Rigby by Mike Rigby It is common knowledge among PLN readers that prison and jail phone rates are priced far above those in the free world. But just how overpriced are they? What is the average kickback (commission) rate provided …
Federal Court Rejects California’s Attempt to Terminate Clark Remedial Plan, Grants $2.3 Million in Attorney’s Fees by Michael Brodheim by Mike Brodheim On August 26, 2010, the U.S. District Court for the Northern District of California issued proposed Findings of Fact and Conclusions of Law after conducting a hearing to …
Federal BOP’s Exclusions from Early Release Incentive for Substance Abuse Program Completion Struck Down by by Stephen G. Yagman The U.S. Ninth Circuit Court of Appeals has invalidated the federal Bureau of Prisons’ (BOP) policy statement, 28 C.F.R. § 550.58(a)(1)(iv)(2000), see 65 Fed.Reg. 80745-01 (Dec. 22, 2000), that denies prisoners …
Second Circuit Reverses Denial of RLUIPA Dietary Claim by The Second Circuit Court of Appeals reversed a district court’s dismissal of the religious diet claims of two New York prisoners who practiced a religious faith called “Tulukeesh.” In 2003, New York prisoner Tyheem Keesh sought permission to practice his religion, …
Wisconsin Civil Commitment Patients Denied Minimum Wage by The Wisconsin Court of Appeals held on March 31, 2010 that civilly committed patients are not entitled to minimum wage for the work they perform. Hung Nam Tran and Eric L. Fankhauser are civilly committed patients confined at the Wisconsin Resource Center …
Continuing Violation Doctrine Applies to Deliberate Indifference in New York by The Second Circuit Court of Appeals has held that the continuing violation doctrine applies to a New York prisoner’s deliberate indifference claim under the Eighth Amendment. Jose J. Shomo was confined by the New York City Department of Corrections …
MVRA Does Not Permit Victims to Intervene in Another Suit in Order to Collect Restitution by The Mandatory Victims Restitution Act (MVRA) does not allow a victim to intervene into another suit in order to pursue the collection of restitution, the U.S. Court of Appeals for the Ninth Circuit decided …
Article • March 15, 2011
Michigan Cop’s Mug Shot Releasable Under FOIA by The Michigan Court of Appeals held that a Detroit police officer’s mug shot may be released to the media under the Freedom of Information Act (FOIA). The Detroit Free Press made an FOIA request for the release of the booking photograph of …
Article • March 15, 2011
Third Circuit Says Asthma May be Physical Injury by The Third Circuit Court of Appeals vacated a lower court’s dismissal of a federal prisoner’s Federal Tort Claims Act (FTCA) negligence claim for failing to show a sufficient physical injury under the Prison Litigation Reform Act (PLRA). Federal prisoner Mike Perez …
Article • March 15, 2011
Washington Settles Religious Diet Claim for $1,500 by The State of Washington settled a prisoner’s religious diet suit by paying him $1,500, granting him a vegan diet and amending a prison policy. On May 14, 2004, McNeal Island Correction Center (MICC) prisoner Joe Macom listed his religious preference as Native …
Article • March 15, 2011
Connecticut Trial Courts Lack Power to Unseal Records by Connecticut’s Supreme Court held that a trial court in an administrative appeal, which does not have continuing jurisdiction over cases where sealing orders were issued and does not have custody of or control over the sealed docket sheets, does not have …
D.C. Employee Fired for Delivering Unopened Letter Settles for $30,000 by On March 26, 2004, The District of Columbia paid $30,000 to settle with a Department of Corrections employee who was fired for attempting to have an unopened letter delivered to a prisoner. The suit, filed in the U.S. District …
Brief • March 4, 2011
Coleman v. Presciti, FL, Notice of Plaintiff Discovery, excessive force ADA, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA FT. MYERS DIVISION CASE NO. 2:08-cv-780-FtM-29SPC CECIL COLEMAN Plaintiffs, vs. VICTOR PRESCITI, et al., Defendants. NOTICE OF SERVING PLAINTIFF CECIL COLEMAN'S FIRST REQUESTS FOR DISCOVERY ON …
Article • February 15, 2011 • from PLN February, 2011
Habeas Hints: The Year in Review by Kent A. Russell by Kent Russell, Blaire Russell & Chandra 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 …
California: State May Be Liable for Delaying Medical Care to Prisoner’s Infant Child by The California Court of Appeal has held that the State may be vicariously liable for the acts or omissions of its employees in failing to provide needed medical care for an infant living with its mother …
Article • February 15, 2011 • from PLN February, 2011
Fourth Circuit Vacates Summary Judgment on RLUIPA Haircut Claim, but Case Dismissed on Remand by The Fourth Circuit Court of Appeals vacated a district court’s decision granting summary judgment to officers and officials with the South Carolina Department of Corrections (SCDC) after they forcibly shaved a prisoner’s head in contravention …
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