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Brief • August 20, 2009
Prison Legal News v. City and County of San Francisco, CA, Complaint, Public Records Request, 2009 1 SANFORD JAY ROSEN - 062566 KENNETH M. WALCZAK - 247389 2 ELIZABETH H. ENG - 239265 3 ROSEN, BIEN & GALVAN, LLP 3 15 Montgomery Street, 10th Floor 4 San Francisco, California 94104-1823 …
FedCURE Entitled to Fee Waiver for FOIA Request by Brandon Sample On March 19, 2009, U.S. District Judge Reggie Walton granted a motion for summary judgment filed by FedCURE, a non-profit organization that advocates for federal prisoners and their families, in a suit filed under the Freedom of Information Act …
Spurlock v. Townes, NM, Complaint, Sexual Assault, 2009 Case 1:09-cv-00786-LH-DJS Document 1 Filed 08/12/2009 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO HEATHER SPURLOCK, & SOPHIA CARRASCO, Plaintiff, v. No. 1:09-cv-00786 ANTHONY TOWNES & BARBARA WAGNER in their individual capacities, & CORRECTIONS …
Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act by Margo Schlanger by Margo Schlanger and Giovanna Shay** Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to …
ADA Routinely Violated by Prisons in the case of Deaf Prisoners by McCay Vernon, Ph.D. Over the last forty years, Congress has enacted numerous laws specifically designed to assure disabled individuals access to the programs, activities, services, public facilities and other resources available to the general population. This access was …
Positive Correlation between Mental Illness and Prison Victimization by Jimmy Franks In September 2008, the Center for Behavioral Health Services & Criminal Justice Research (the Center) published its Policy Brief regarding a recent survey conducted to determine the quality of life for prisoners in New Jersey’s Department of Corrections (DOC). …
BOP Failed to Protect Female Prisoner Informant from Rape, Sexual Abuse by Guards by Brandon Sample The federal Bureau of Prisons (BOP) was “woefully deficient” in failing to protect a female prisoner from sexual abuse by BOP guards, U.S. District Court Judge Cecilia M. Altonaga concluded in November 2008, following …
Clemency Petition Not Subject to FOIA by On December 1, 2008, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s order denying a Freedom of Information Act (FOIA) request for copies of a commutation petition filed by John Walker Lindh, the so-called “American Taliban.” In January …
California Jury Awards Deaf Prisoner $5,000 for Failure to Provide Interpreter; $193,582 in Fees Awarded by Court by A state court jury has awarded $5,000 to a deaf prisoner against the County of Los Angeles for failing to provide him with a sign language interpreter while he was in jail. …
Paraplegic Louisiana Prisoner Requires Transportation in Vehicle with Wheelchair Lift and Restraints Under ADA by To settle a prisoner’s federal civil complaint filed under the Americans with Disabilities Act and the Rehabilitation Act of 1973, the Louisiana Department of Public Safety and Corrections (LDOC) has entered into a consent judgment. …
Article • July 15, 2009
Prison Officials May Limit Access to Tarot Cards Under RLUIPA by The Eighth Circuit Court of Appeals has affirmed an Arkansas federal district court’s order that held a prison policy that requires prisoners to check out tarot cards from a chaplain and prohibits keeping cards in cells does not violate …
Prohibiting Decorations on Outgoing Envelope Not Violative of RLUIPA by The Fifth Circuit Court of Appeals has held that a Texas prison policy that prohibits prisoners from drawing illustrations or messages on envelopes does not violate a prisoner’s rights. Prisoner Robert N. Smithback filed a civil rights action that claimed …
Article • July 15, 2009
Prisoner’s Family Wins Suit Against BOP Following Prisoner’s Suicide by The family members of Billy Joe Chilton filed a claim under the Federal Tort Claims Act, 28 U.S.C. 1346(b) and 28 U.S.C. Sections 2671, et seq., as well as the Missouri Wrongful Death Statute, alleging that the Federal Bureau of …
District Court Permits Trial In Case Challenging Denial of Wine During Religious Services by The United States District Court for the District of Columbia has order discovery and trial in a case changing the Bureau of Prisons (BOP) policy denying prisoners access to wine during religious services. Federal prisoner Brandon …
Los Angeles County Sheriff Recommends $40,000 Settlement for Wheelchair Access Claim by The County Attorney for the Los Angeles Sheriff’s Department recommended that a claim filed by Daniel Lopez pursuant to the Americans with Disabilities Act (ADA), a wheelchair bound paraplegic, for injuries sustained while attempting to be pulled up …
Collins v. Bustamante, NM, Complaint, Sexual Assault and Rape, 2009 Case 1:09-cv-00634-GBW-WDS Document 1-2 Filed 06/29/2009 Page 1 of 33 THIRTEENTH JUDICIAL DISTRICT COUNTY OF CIBOLA STATE OF NEW MEXICO MARY LOU COLLINS, LISA JARAMI,LLO, 1•.,KIM CHAVEZ, and ANN CHAVEZ, 'I''/ ' ~-' ' f Plaintiffs, v. ROGER BUSTAMANTE, HELEN …
Colorado Prisoners’ Access to Courts, ADA Claims Allowed to Proceed by U.S. District Judge John L. Kane, Jr. has allowed a group of Colorado prisoners to pursue access to court and ADA claims against the Colorado Department of Corrections. Steven Marquiz, Steven Clouse and several other Colorado prisoners sued the …
Article • June 15, 2009 • from PLN June, 2009
Pro Se Muslim Prisoner Reaches Religious Rights Settlement Agreement with Virginia Prison Officials by David Reutter Pro Se Muslim Prisoner Reaches Religious Rights Settlement Agreement with Virginia Prison Officials by David M. Reutter A pro se Virginia prisoner has entered into a settlement agreement with prison officials that provides him …
BOP Settles Suit Over Telephone Access, Electronic FOIA Claims by The Bureau of Prisons (BOP) has agreed to settle another lawsuit brought by PLN contributing writer, Brandon Sample.The settlement resolves several disputes between Sample and the BOP. Sample had complained, for instance, that the call prompt announced over the prisoner …
Article • June 15, 2009 • from PLN June, 2009
PLN Awarded Summary Judgment In FOIA Case Again by Brandon Sample On March 26, 2009, U.S. District Judge Reggie Walton entered summary judgment for PLN in an ongoing battle between Prison Legal News and the BOP over the release of certain records. In 2003, PLN submitted a Freedom of Information …
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