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Colorado DOC Settles Suit Over Provision of Education Programs to Learning Disabled Prisoner by Colorado DOC Settles Suit Over Provision of Education Programs to Learning Disabled Prisoner The Colorado Department of Corrections (CDOC) has agreed to settle a lawsuit brought by a prisoner who was denied the right to participate …
Ninth Circuit Strikes Down BOP Regulation Precluding Early Release for Prisoners Who Complete Drug Treatment by Brandon Sample Ninth Circuit Strikes Down BOP Regulation Precluding Early Release for Prisoners Who Complete Drug Treatment by Brandon Sample The U.S. Court of Appeals for the Ninth Circuit held that the federal Bureau …
Second Circuit Holds Vienna Convention Does Not Confer Individual Rights On Foreign Nationals by On April 24, 2008, the Second Circuit affirmed a New York district court's decision to dismiss a $1 million complaint filed by a Dominican foreign national, Ricardo A. De Los Santos Mora. The complaint stems from …
Summary Judgment Denied To United States In FTCA Suit Alleging Sexual Assault By BOP Staff Member by U.S. District Judge Petrese B. Tucker has denied summary judgment to the United States in a Federal Tort Claims Act (FTCA) suit alleging sexual assault by a former BOP staff member. Kimberley Yates, …
Article • May 15, 2009 • from PLN May, 2009
Ninth Circuit Remands RLUIPA Claim for Group Religious Worship in Maximum Security Jail by Ninth Circuit Remands RLUIPA Claim for Group Religious Worship in Maximum Security Jail The Ninth Circuit U.S. Court of Appeals has held that under the Religious Land Use and Institutionalized Persons Act (RLUIPA), a prisoner seeking …
Prison Guard wins $18,000 in Discrimination Suit Against DOC by An African-American prison guard at Wisconsin's Jackson Correctional Facility filed suit against the DOC and two prison officials under Title VII of the Civil Rights Act of 1964. The plaintiff, Sergeant Davis, had recently been demoted after a hearing regarding …
$45,000 Awarded to Muslim Woman Forced to Remove Headscarf at California Jail by On October 8, 2008, the County of San Bernadino and Sheriff Gary Penrod agreed to settle a lawsuit alleging violations of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and the First Amendment. Jameelah …
New Jersey Prison Officials Denied Summary Judgment In ADA Action by U.S. District Judge Jerome B. Simandle has denied summary judgment to New Jersey prison officials alleged to have violated the Americans with Disabilities Act (ADA). Eddie Williams, a New Jersey prisoner, sued prison officials alleging that he was denied …
Nebraska Muslim Prisoner Wins Religious Concessions by John E Dannenberg A high-security Muslim prisoner at the Tecumseh State Correctional Institution (TSCI) sued prison officials for violating basic tenets of his religion by allegedly restricting religious practices “dictated” by his beliefs. He claimed he needed daily showers, a kosher diet, and …
Article • April 15, 2009
BOP Agrees To Provide Prisoner with BOPDOCS Disc by On August 24, 2007, the Bureau of Prisons (BOP) settled a portion of a lawsuit brought under the Freedom of Information Act (FOIA) by a federal prisoner for a copy of its BOPDOCS disc. Brandon Sample, a federal prisoner and PLN …
FTCA Claim Fails for Acts Committed Outside Scope of Actor’s Employment by The Eighth Circuit Court of Appeals has affirmed the dismissal of a claim brought under the Federal Tort Claims Act (FTCA), holding the action could not proceed for lack of subject matter jurisdiction because the Bureau of Indian …
False Imprisonment, False Arrest and Malicious Prosecution Claims Cognizable Under FTCA by The Eleventh Circuit Court of Appeals has held that the United States has waived sovereign immunity under the Federal Tort Claims Act (FTCA) for claims alleging false imprisonment, false arrest and malicious prosecution arising out of acts or …
Article • April 15, 2009
D.C. Circuit Rejects Government’s Narrow Interpretation of FOIA Request by On February 7, 2003, the U.S. Court of Appeals for the D.C. Circuit held that a Freedom of Information Act (FOIA) requester’s request for “all documents pertaining to” his or herself followed by a request for certain enumerated records must …
Eighth Circuit Upholds SORNA Against Constitutional Challenges by On July 31, 2008, the U.S. Court of Appeals for the Eighth Circuit rejected numerous constitutional challenges to the federal Sex Offender Registration and Notification Act (SORNA). David Louis May was convicted of failing to register as a sex offender in violation …
Article • April 15, 2009
Fifth Circuit Rejects Petition for Writ of Mandamus Filed by Crime Victims by On May 7, 2008, the U.S. Court of Appeals for the Fifth Circuit denied a petition for a writ of mandamus filed by crime victims seeking to block the acceptance of a plea agreement. Family members of …
California Juvenile Parolees Entitled to Two-Step Revocation Process; Case Settles by John Dannenberg California Juvenile Parolees Entitled to Two-Step Revocation Process; Case Settles by John E. Dannenberg The U.S. District Court for the Eastern District of California has held that the rights of California juvenile parolees were violated by the …
This Valentine’s Lingerie Is Brought to You By the Prison Industrial Complex by Beth Schwartzapfel This Valentine’s Lingerie Is Brought to You By the Prison Industrial Complex by Beth Schwartzapfel With Valentine’s Day, perhaps you made a trip to Victoria’s Secret. If you’re a conscientious shopper, chances are you want …
$3.1 Million Awarded to FBI Informant's Family by On October 16, 2008, the First Circuit U.S. Court of Appeals affirmed the September 2006 findings of the U.S. District Court for Massachusetts in awarding approximately $3.1 million to the estate of an FBI informant, John McEntyre, who was murdered after the …
Article • April 15, 2009
Section 2501 Imposes Jurisdictional Limitation for False Imprisonment; Claim Must Be Brought Within Six Years by The United States Court of Appeals for the Federal Circuit affirmed a lower court’s dismissal of a false imprisonment claim against the United States. Because the action was not brought within the six year …
Abu Ghraib Torture Suit Proceeds to Trial by A federal court in Washingotn, D.C. refused an American corporation that contracts with the U.S. government immunity for alleged torture and abuse at Iraq’s Abu Ghraib prison. Titan Corporation contracts with the U.S. Army to provide civilian linguists for military operations. By …
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