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Massachusetts DOC Agrees to Pay $15,000 to Settle ADA Suit by On October 24, 2005, the Massachusetts Department of Corrections (DOC) agreed to settle a suit brought by a prisoner under the Americans with Disabilities Act (ADA) for $15,000. Paul Shedlock sued the DOC after staff at MCI Norfolk refused …
Arkansas Supreme Court Upholds Changes to Death Penalty Procedures by Frank Williams, Jr., an Arkansas Death Row prisoner, filed a complaint for declaratory judgment in state circuit court, alleging that the Arkansas Department of Corrections (DOC) administrative directive (AD) 08-28 setting forth execution procedures was adopted in violation of the …
Summary Judgment Denied in Virginia Strip Cell Suit by A Virginia Federal District Court denied defendants’ motion for summary judgment in a prisoner’s lawsuit alleging use of excessive force and cruel and unusual conditions. Ray L. Holley, a prisoner at Red Onion State Prison in Virginia, on September 29, 2007, …
NY City Settles ADA/RA Suit for $400,000 by On August 2, 2007, the City of New York agreed to settle a suit brought by a handicapped man who was injured while being transported to Rikers Island. According to Devin Sayers’ complaint, guards did not secure his wheelchair to the floor …
Pierce County, Washington Pays $8,460 Settlement for ADA Violation by Washington State’s Pierce County paid $8,460 to settle a county employee’s grievance for violation of the Americans with Disabilities Act (ADA). Pierce County guard Kelly R. Berg was diagnosed with chronic common migraine and obstructed sleep apnea. Her treating physician, …
U.S. v. Palm Beach County Sheriff's Office, FL, Memo of Agreement, Language Services, 2010 MEMORANDUM OF AGREEMENT BETWEEN TIlE UNITED STATES OF AMERICA AND THE PALM BEACH COUNTY SHERIFF'S OFFICE DEPARTMENT OF JUSTICE NUMBER 171-18-17 A. SCOPE OF THE INVESTIGATION This matter was initiated by a complaint filed under Title …
Murphy v. Lockhart, MI, Complaint, escape retaliation religious rights mail telephone family segregation, 2010 2:10-cv-11676-DML-LJM Doc # 1 Filed 04/26/10 Pg 1 of 81 Pg ID 1 2:10-cv-11676-DML-LJM Doc # 1 Filed 04/26/10 Pg 2 of 81 Pg ID 2 2:10-cv-11676-DML-LJM Doc # 1 Filed 04/26/10 Pg 3 of 81 …
Inmate Communication Rules and Regulations, Federal Register, 2010 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for Veterinary Medicine (HFV–110), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240–276–8337, email: melanie.berson@fda.hhs.gov. Orion …
Sex Addicted Ohio Sheriff’s Jail Supervisor Receives $1,000 Following Termination by Ohio’s Warren County Sheriff’s Office has agreed to pay $1,000 to settle a lawsuit filed by a former jail supervisor who was fired for viewing pornography and masturbating at work. A 2006 investigation of former Lieutenant Shaun Wells resulted …
Sweat Lodge Ban Does Not Violate RLUIPA by The Eighth Circuit Court of Appeals affirmed a lower court’s determination that denial of a sweat lodge for Native American prisoners did not violate the Religious Land Use and Institutionalized Persons Act (RLUIPA). Missouri prisoner Clifford Fowler, a Native American, is serving …
Ninth Circuit: 42 U.S.C. § 233(a) Does Not Immunize Public Health Service Employees from Bivens Constitutional Tort Claims by John Dannenberg Ninth Circuit: 42 U.S.C. § 233(a) Does Not Immunize Public Health Service Employees from Bivens Constitutional Tort Claims by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals …
New Mexico Prisoner Vindicates Native American Religious Rights with Injunction, Fees and Damages by A New Mexico prisoner has prevailed in a religious freedom case that vindicated his right to practice his Native American beliefs. The lawsuit resulted in a settlement in April 2009 that specified the religious practices prison …
The Prison Industries Enhancement Certification Program: Why Everyone Should be Concerned by Bob Sloan From the late 19th century into the depression years, Americans struggled economically. For the man and woman on the street to the businesses, companies and manufacturers vainly trying to keep their enterprises afloat, those were difficult …
First Circuit Upholds $101,750,000 in Damage Awards in FBI Misconduct Case by Matthew Clarke by Matt Clarke On August 27, 2009, the First Circuit Court of Appeals upheld an almost $102 million judgment in a lawsuit filed against the federal government after the FBI helped an informant secure the convictions …
Sexual Victimization Widespread in U.S. Correctional Facilities by Brandon Sample In a culture where it is socially acceptable for celebrities, advertisers and even movies to joke about the unfunny fact of prison rape, it should come as no surprise that almost 4% of prisoners in the United States have reported …
Article • March 15, 2010 • from PLN March, 2010
Eighth Circuit Rejects Debt Offset of EAJA Fees; Supreme Court to Hear Case by Mark Wilson The Eighth Circuit Court of Appeals has held that attorney’s fees awarded under the Equal Access to Justice Act (EAJA) may not be withheld to pay debts owed to the federal government. South Dakota …
Ninth Circuit Strikes Down BOP Rule Limiting Early Release for RDAP Participants by Brandon Sample Following its recent decision in Arrington v. Daniels, 516 F.3d 1106 (9th Cir. 2008) [PLN, June 2009, p.44], the U.S. Court of Appeals for the Ninth Circuit struck down another federal Bureau of Prisons (BOP) …
Partial Summary Judgment Granted To PLN in FOIA Case against EOUSA by Brandon Sample On September 16, 2009, U.S. District Judge Marcia S. Krieger granted in part and denied in part a motion for summary judgment by Prison Legal News (PLN) in a Freedom of Information Act (FOIA) case wherein …
Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy by The Fifth Circuit Court of Appeals held that Texas Department of Criminal Justice (TDCJ) policies that had the effect of prohibiting a prisoner from meeting with other members of his religion and possessing religious items may …
Brief • March 8, 2010
Prison Legal News v. EOUSA, 10th Cir, Amicus Brief, public records, 2010 Case Nos. 09-1511 & 09-1531 IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT PRISON LEGAL NEWS, Plaintiff-Appellant, v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Defendant-Appellee. On Appeal from the United States District Court for the …
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