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Article • February 15, 2011 • from PLN February, 2011
Ninth Circuit Upholds Arizona Teenage Detainee Suicide Claim Dismissal by The Ninth Circuit Court of Appeals affirmed a lower court’s grant of summary judgment to Arizona jail officials related to a teenage detainee’s suicide. The court vacated the dismissal of plaintiff’s state law claims and remanded for reconsideration. Seventeen-year-old Jasper …
Article • January 15, 2011 • from PLN January, 2011
Federal Restitution Law Failing Crime Victims by Michael Rigby by Mike Rigby A federal law meant to ensure that victims of violence, fraud and other property crimes are compensated for financial loss does not work as intended. According to the Mandatory Victims Restitution Act (MVRA) passed by Congress in 1996, …
Article • January 15, 2011 • from PLN January, 2011
California: Validity of Parole Board’s Psych Evaluation Procedures for Lifers Questioned by Michael Brodheim The process by which California’s Board of Parole Hearings (BPH) administers psychological evaluations to parole-eligible prisoners serving life sentences has been questioned by the state Senate and also was the subject of a recent ruling by …
Article • January 15, 2011 • from PLN January, 2011
Connecticut Restricts Prisoners’ FOIA Requests by David Reutter by David M. Reutter Last year, Connecticut enacted an exemption to the state’s Freedom of Information Act (FOIA) that prevents disclosure of certain records requested by “any individual committed to the custody or supervision of the Commissioner of Correction or confined in …
Article • January 15, 2011 • from PLN January, 2011
Massachusetts DOC Injunction Requiring Broadcast of Jum’ah Services via Closed-Circuit Television Upheld by The U.S. Court of Appeals for the First Circuit upheld an injunction requiring the Massachusetts Department of Correction (DOC) to broadcast Friday Jum’ah services via closed circuit television to Muslim prisoners in segregation. The injunction comes in …
Brief • January 14, 2011
Taylor v. Clark et al, CA, Plf Response to Def Mot for SJ, Deaf Prisoner Accommodation Excessive Force, 2011 Case 1:07-cv-00032-AWI-SMS Document 131 5 CARTER C. WHITE, CSB # 164149 KING HALL CIVIL RIGHTS CLINIC U. C. Davis School of Law One Shields Avenue, Bldg. TB-30 Davis, CA 95616-8821 Telephone: …
Brief • December 29, 2010
Bahl v. County of Ramsey, MN, Order, No ASL Interpreter Provided to Arrestee, 2010 CASE 0:08-cv-05001-DSD-JJG Document 135 Filed 12/29/10 Page 1 of 28 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Douglas Duane Bahl and Susan Kovacs-Bahl, Civil No. 08-5001(DSD/JJG) Plaintiffs, ORDER v. County of Ramsey, Ramsey County Sheriff’s Department …
The Graying of America’s Prisons by James Ridgeway Frank Soffen, now 70 years old, has lived more than half his life in prison, and will likely die there. Sentenced to life for second-degree murder, Soffen has suffered four heart attacks and is confined to a wheelchair. He has lately been …
Article • December 15, 2010 • from PLN December, 2010
Florida: Judgment for Female Prison Staff Alleging Sexual Harassment by Prisoners Affirmed by The Eleventh Circuit Court of Appeals has ruled that the Florida Department of Corrections (FDOC) was properly held liable under Title VII of the Civil Rights Act of 1964 for failing to remedy a sexually hostile work …
Brief • November 9, 2010
Minnis v Johnson VDOC, VA, Consent MTD - Settlement Agreement, deaf disabled prisoners, 2010 Case 1:10-cv-00096-TSE-TRJ Document 107 Filed 11/09/10 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division GARY MINNIS, et al., Plaintiffs, v. GENE JOHNSON, et al., Defendants. ) …
Gartrell v. Federal Bureau of Prisons, PA, Complaint, Muslim Prayer Policy, 2020 Case 1:10-cv-02160-WWC-PT Document 1 Filed 10/20/2010 Page 1 of 23 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ISADORE GARTRELL, Plaintiff, v. FEDERAL BUREAU OF PRISONS; HOWARD HUFFORD, individually and in his official capacity …
Virginia Issues Report on Monitoring of Sex Offenders Subject to Registration by by Matt Clarke In January 2010, the Virginia State Police (VSP) issued a report on the monitoring of sex offenders who are required to comply with registration laws. The report noted a high rate of compliance (94%) with …
U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff by Brandon Sample On May 3, 2010, the U.S. Supreme Court held that employees of the U.S. Public Health Service (PHS) may not be sued for constitutional violations under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). …
Third Circuit Reverses $642,398.57 Attorney Fee Award for RFRA Claim by Immigration Prisoner by The Third Circuit Court of Appeals reversed an immigration detainee’s $642,398.57 attorney fee award, finding that “the District Court’s degree of success inquiry under § 1988 was based on an impermissible reconstruction of the jury verdict.” …
Brief • September 30, 2010
Prison Legal News v. Tilton, CA, Order Atty Fees, CDCR Public Records, 2010 f-- Ii L. F' ['1 '" n p c: c r-, ENC t~_. ) 1 ROSEN, BIEN & GALVAN, LLP 2 Sanford Jay Rosen, Bar No. 62566 Ernest Galvan, Bar No. 196065 3 Kenneth M. Walczak, Bar …
Brief • September 30, 2010
Prison Legal News v. Tilton, CA, Order re Settlement, CDCR Public Records, 2010 ROSEN, BIEN & GALVAN, LLP Sanford Jay Rosen, Bar No. 62566 Ernest Galvan, Bar No. 196065 Kenneth M. Walczak, Bar No. 247389 315 Montgomery Street, 10th Floor San Francisco, CA 94104-1823 Telephone: (415) (415) Facsimile: Attorneys 433-6830 …
Brief • September 29, 2010
Prison Legal News v. Tilton, CA, Settlement Agreement, CDCR Public Records, 2010 rocp VL 2920'0 24 C'R\ - 1 ROSEN, BIEN & GALVAN_ LLP Sanford Jay Rosen, Bar No. 152566 2 Ernest Galvan, Bar No_ 196065 3 Kenneth M. WI\lc2Bk, BarNo. 247389 315 Montgomery Street. 10th Floor By: _ _A~.-:::IA~IO~OD7W!..!...A~R=:..D …
Article • September 15, 2010 • from PLN September, 2010
Federal Court Finds Nation of Islam Publication Not Racially Inflammatory by David Reutter by David M. Reutter On March 31, 2010, a Louisiana U.S. District Court held that the denial of access to a religious publication based solely on the inclusion of a section called “The Muslim Program” was a …
Article • September 15, 2010 • from PLN September, 2010
Court Rebuffs BOP for Third Time in PLN Records Suit by Brandon Sample The score is now PLN - 3, BOP - 0 in a protracted legal battle over the disclosure of records related to settlements and judgments paid by the federal Bureau of Prisons (BOP). In August 2003, PLN …
Article • September 15, 2010 • from PLN September, 2010
U.S. Supreme Court Holds Government May Offset Attorney Fees to Collect Litigant’s Debt by On June 14, 2010, the U.S. Supreme Court held that “fees and other expenses” awarded to a prevailing party are “payable to the litigant and ... therefore subject to a Government offset to satisfy a pre-existing …
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