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$204,856 in Attorney’s Fees and Costs Awarded in Nebraska Kosher Diet and Muslim Prayer Case by Brandon Sample $204,856 in Attorney’s Fees and Costs Awarded in Nebraska Kosher Diet and Muslim Prayer Case by Brandon Sample On May 5, 2008, Joseph F. Batallion, Chief Judge of the U.S. District Court …
Segregated Massachusetts Nation of Islam Prisoners Entitled to Halal Menu and Jum’ah Prayers; $237,299.25 in Attorney Fees Awarded by The U.S. District Court for Massachusetts granted declaratory relief to two maximum-security Nation of Islam (NOI) prisoners who had sued for a Halal (Muslim religious dietary) menu and participation in daily …
Jewel v. National Security Agency, et. al., CA, Complaint, Jury Demand, Illegal Surveillance, 2008.pdf 1 1. Plaintiffs, on behalf of themselves and a class of similarly situated persons, bring this 2 action and allege upon personal knowledge and belief as to their own acts, and upon information and 3 4 …
Failure to Treat Immigrant Detainee’s Fatal Penile Cancer Ruled “Beyond Cruel” by John Dannenberg Failure to Treat Immigrant Detainee’s Fatal Penile Cancer Ruled “Beyond Cruel” by John E. Dannenberg A U.S. District Court (C.D. Cal.) has ruled that the repeated failure of U.S. immigration authorities over an eleven-month period to …
Former Immigration Detainee Awarded $100,001 Against CSC/Esmor, Plus $137,808 in Attorney’s Fees and Expenses by A federal jury has awarded a former detainee $100,001 against a private company that operated a New Jersey detention center for the U.S. government. The jury found for the plaintiff on her negligent supervision and …
Barnwell v. CCA, KS, Memo in Support of Plf Mot for Class Cert, FLSA employee litigation, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS AT KANSAS CITY KEITH E. BARNWELL, et al. On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, vs. CORRECTIONS CORPORATION OF …
Brief • August 21, 2008
Barnwell et al v. Corrections Corporation of America, KS, MiS Plf Motion, FLSA employee overtime understaffing, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS AT KANSAS CITY KEITH E. BARNWELL, et al. On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, vs. CORRECTIONS CORPORATION OF …
ADA Upheld by Fifth Circuit by The ADA is a permissible exercise of Congress' authority under the Fourteenth Amendment to override the Eleventh Amendment. Under City of Boerne, the court must assess whether there is "congruence and proportionality" between the injury to be remedied and the means adopted. That standard …
PHS Not Liable in Kansas Wheelchair Collapse by The defendants were not deliberately indifferent in providing the plaintiff a wheelchair that collapsed under him. The court notes that they always recognized his medical needs by providing him a wheelchair, he signed two forms reflecting that the wheelchair issued to him …
Denial of Cooking Class Attendance for Refusing HIV Test Upheld by The plaintiff complained that he was excluded from a "culinary arts program" because he wouldn't take an HIV test. The plaintiff did not allege that he was a "qualified individual with a disability" and, in fact, pleaded himself out …
Disabilities Subject to Correction Not Protected by ADA by Under the Americans with Disabilities Act, whether an impairment "substantially limits" one or more major life activities is assessed with reference to mitigating measures (in this case, medication for high blood pressure). That means someone whose disability is substantially corrected can …
ADA Valid Exercise of Congressional Authority by The Americans with Disabilities Act is not invalid under the Eleventh Amendment because it is a proper exercise of Congress's authority under 5 of the Fourteenth Amendment. Unlike the Religious Freedom Restoration Act, the legislative record of which lacked examples of modern instances …
ADA Withstands 11th Amendment Challenge by The Americans with Disabilities Act does not violate the Eleventh Amendment. Unlike the Religious Freedom Restoration Act, it is "plainly adapted" as a remedial measure even if it prohibits conduct that may or may not be unconstitutional. Its remedies are not so sweeping that …
BOP Prisoner States FTCA Claim for Carbon Monoxide Poisoning Stemming from Burning Prison by The plaintiff sustained carbon monoxide poisoning while locked down during a fire started during a riot. The Clinical Director ordered that he remain in the prison medical facility rather than be sent to a hospital. Six …
Deported Plaintiff Can Be Deposed Telephonically, Dismissal Denied by The plaintiff sued under the Federal Tort Claims Act alleging that INS agents beat him up. He was subsequently deported and forbidden to return to the United States. The government moved to dismiss on the ground that he didn't show up …
Denial of AIDS Medication, Food to Texas Jail Prisoner Upheld by The plaintiff, prescribed AZT and Crixivan, got no Crixivan for five days and then half-doses for the next 15 days. When he saw a doctor after 19 days, his dosage was promptly increased. He was not able to get …
IDEA is Constitutional by The Individuals with Disabilities Education Act (IDEA) was valid under 5 of the Fourteenth Amendment and therefore Congress successfully abrogated states' Eleventh Amendment immunity. Alternatively, it provides an unambiguous waiver of Eleventh Amendment immunity by clearly conditioning the receipt of federal funds on states' willingness to …
Firing of Abusive Texas Prison Guards Upheld by The plaintiff correctional officers were fired for misconduct in connection with a use of force. After acquittal in their criminal trials, the prison system refused to restore their jobs. They claimed that the prison system had suppressed exculpatory evidence. Their claims are …
Article • August 15, 2008
No ADA Violation for Denying Deaf Arrestee Sign Language Interpreter by The deaf plaintiff complained that she was arrested without being provided an American Sign Language interpreter. (They did show her the Miranda warnings in writing.) An arrest is not a "program or service" under the Americans with Disabilities Act, …
ADA Requires Employees Exhaust Claims Prior to Filing Suit by Title II of the Americans with Disabilities Act doesn't create a claim for public employees for employment discrimination; it doesn't deal with employment, and Title I, which does, relegates public employees to the administrative scheme with exhaustion requirement of Title …
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