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Brief • September 3, 2010
In Re Tennessee Office of Open Records Counsel Tn Agency Opinion Labor Fees Public Records Disclosure 2010 STATE OF TENNESSEE COMPTROLLER OF THE TREASURY OFFICE OF OPEN RECORDS COUNSEL James K. Polk State Office Building 505 Deaderick Street, Suite 1600 Nashville, Tennessee 37243-1402 Justin P. Wilson Comptroller September 3, 2010 …
Article • August 15, 2010 • from PLN August, 2010
Aryan Warriors Prison Gang Prosecuted in Nevada by Gary Hunter Nevada prison officials recently had to come to grips with two stark realities. First, for decades their correctional facilities have been a haven for gang-related crime and brutality, and second, the state’s own corrupt prison guards played a role in …
Wisconsin: Taycheedah Lawsuit Set for Trial by Michael Brodheim On November 24, 2009, a U.S. District Court judge in Wisconsin substantially denied prison officials’ motion for partial summary judgment and set for trial a class-action suit that alleges medical and mental health care provided to female prisoners at Taycheedah Correctional …
Seventh Circuit: Catholic Prisoner’s Religious Diet Lawsuit Remanded by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals held a Catholic prisoner’s free exercise of religion was substantially burdened because he was denied a non-meat diet on Fridays and during Lent. In 2003, Illinois state prisoner Brian …
SORNA Challenges Produce Mixed Results; Supreme Court Weighs In by Brandon Sample Over the past several years a split has developed between the federal courts of appeal over the scope and constitutionality of the Sex Offender Registration and Notification Act (SORNA), a component of the federal Adam Walsh Child Protection …
Brief • August 10, 2010
Prison Legal News v. EOUSA, CO, Order re Atty Fees, public records, 2010 Case 1:08-cv-01055-MSK-KLM Document 46 Filed 08/10/10 USDC Colorado Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 08-cv-01055-MSK-KLM PRISON LEGAL NEWS, Plaintiff, v. EXECUTIVE …
Houston Police Department Conducted Blood Draw Training on Prisoners by Greg Dober In 2009, to expedite DWI arrests, the Houston Police Department sent seven officers to Lone Star College to be trained as certified phlebotomists. A phlebotomist is a qualified medical technician who draws a person’s blood. During the course …
Sixth Circuit: No Eleventh Amendment Immunity When ADA Claim Includes Fourteenth Amendment Violations by Matthew Clarke by Matt Clarke On January 5, 2010, the Sixth Circuit Court of Appeals upheld a Michigan district court’s denial of Eleventh Amendment immunity for a claim involving both a violation of the Americans with …
Article • July 15, 2010 • from PLN July, 2010
New Jersey DOC Agrees to Let Prisoner Preach by In November 2009, the New Jersey Department of Corrections (DOC) settled a lawsuit brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA). The suit, filed by the ACLU on behalf of a New Jersey state prisoner, alleged the DOC …
Media Agencies Intervene to Unseal Records in Prisoner’s Wrongful Death Suit by Brandon Sample On November 4, 2005, Earl Krugel was killed while exercising on the recreation yard at the Federal Correctional Institution (FCI) in Phoenix, Arizona, a medium-security facility. Krugel, an activist for the Jewish Defense League, had been …
Only Three States in Compliance with Unfunded Federal Sex Offender Mandates by Matthew Clarke by Matt Clarke In 2006 Congress enacted the Adam Walsh Act, which requires states to institute stricter monitoring of sex offenders or face losing 10% of their federal crime-prevention grants. Although all states were supposed to …
Salas v. Buccigrossi, NM, Complaint, Sexual Assault and Rape, 2010 MAY-26-2010 17:41 From:UPTOWN To:16155659970-11643 cr~~cE ~:l,,>.::O!\ THIRTEENTH JUDICIAL DISTRICT COUNTY OF CIBOLA 2810 JUL13 At'!IQ:34 STATE OF NEW MEXICO 1,:J.Ji:Y c/:iJ~3 BRENDASALAS, CV2WUu .1. . v_ 1 BY --- Plaintiff, v, CHARLES BUCCIGROSSI, ARLENR HICKSON, .FNU JOHNSON, and HELEN CARR, …
Brief • June 25, 2010
Prison Legal News v Lappin, DC, Order, BOP public records, 2010 Case 1:05-cv-01812-RBW Document 68 Filed 02/25/10 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) PRISON LEGAL NEWS, ) ) Plaintiff, ) ) v. ) Civil Action No. 05-1812 (RBW) ) HARLEY G. …
PLN Prevails in Public Records Suit Against GEO Group by Alex Friedmann In May 2010, Prison Legal News announced that it had prevailed in a public records lawsuit filed against Florida-based GEO Group (formerly Wackenhut Corrections), the nation’s second-largest private prison company. PLN filed the suit in 2005 under Florida’s …
Article • June 15, 2010 • from PLN June, 2010
Fifth Circuit: RLUIPA Does Not Create Individual Capacity Cause of Action by The Fifth Circuit Court of Appeals has held that the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not create a cause of action against defendants in their individual capacities. The Court also held that the denial …
Article • June 15, 2010 • from PLN June, 2010
Sixth Circuit: Shy Bladder Suit Returned to District Court by The U.S. Court of Appeals for the Sixth Circuit affirmed in part and reversed in part the dismissal of a prisoner’s lawsuit alleging violations under 42 U.S.C. § 1983 and the Americans with Disabilities Act (ADA). Danny Ray Meeks, a …
Article • June 15, 2010 • from PLN June, 2010
Sixth Circuit: RLUIPA Does Not Permit Monetary Damages by The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not allow money damages for violations of that statute, the U.S. Court of Appeals for the Sixth Circuit held on April 24, 2009. The Court entered its decision in an appeal …
Illinois: Disabled Detainees’ Discrimination Claims May Proceed to Trial by In a lengthy and well-reasoned opinion and order, U.S. District Court Judge Elaine E. Bucklo, for the Northern District of Illinois, denied cross-motions for summary judgment in a class-action suit brought by paraplegics and partially-disabled pre-trial detainees currently and formerly …
Article • June 15, 2010 • from PLN June, 2010
Fourth Circuit Holds Individual Capacity Damage Claims Unavailable Under RLUIPA by The Fourth Circuit Court of Appeals has held that the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§ 2000cc et seq., does not authorize individual capacity damages actions. The Court’s ruling came in the appeal of …
Judge Slams Bureau for Inmate's Solitary Lockup, Daily Business Review, 2010 JUSTICE WATCH John Pacenti JUDGE SLAMS BUREAU FOR INMATE'S SOLITARY LOCKUP N icole Defontes pulled her life back together in dramatic fashion after serving 41/2 years in federal prison for participating in a cocaine deal with her then-boyfriend. But …
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