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Study Finds Federal Defenders Outperform CJA Attorneys by Indigent federal criminal defendants represented by court-appointed private attorneys ?are, on average, more likely to be found guilty and? to receive longer sentences? than defendants represented by public defenders, according to a new study by a Harvard economist. The study was conducted …
Article • February 15, 2008 • from PLN February, 2008
BOP Must Provide Prisoner's FOIA Request in Electronic Format by The Court of Appeals for the District of Columbia has held that the Bureau of Prisons (BOP) must provide a prisoner with information requested under the Freedom of Information Act (FOIA) in the format requested by the prisoner, which includes …
Wrongful Death Suit Reinstated for Plaintiff Substitution; Dismissed Again by by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed the dismissal of a wrongful death suit and allowed the deceased prisoner's wife to be substituted as plaintiff. On remand, the United States District Court …
Article • January 15, 2008
SJ Reversed on Massachusetts Religious Diet Claims; MA Constitution Affords Greater Protections than U.S. Constitution by In a unanimous decision, Massachusetts' highest court reversed summary judgment on Muslim prisoners' claims that they were denied halal meat, which is required by their faith. Muslim prisoners Rashard Rasheed and Nathaniel Bilal Ahmad …
Tenth Circuit OKs First Raising Qualified Immunity on Summary Judgment by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings. The district court erred in failing to address the defense in the summary judgment …
Article • January 15, 2008
Prisoner Cannot Sue BOP Under Privacy Act by Gabriel Scaff-Martinez, a federal prisoner, filed suit against the United States Bureau of Prisons (BOP) pursuant to the Privacy Act, 5 U.S.C. § 552a(d), (e)(5) and (g), alleging that the BOP had failed to maintain accurate records, expunge false information from his …
Article • January 15, 2008
OH DOC Not Required to Take Prisoners Outside of Prison for Religious Rites by Ralf Beasley, an Ohio state prisoner, wanted to convert to Orthodox Judaism, but to do so he would have to visit an outside synagogue to receive a ritual bath called a Mikvah. When prison officials refused …
Article • January 15, 2008
Fed Prisoner Wins FOIA Action Requesting Informant's Names by Kenneth H. Linn, a federal prisoner, requested from the U.S. Dept. of Justice (the DOJ) a number of documents associated with his conviction, pursuant to the federal Freedom of Information Act (the Act), 5 U.S.C. § 552 et seq. When the …
Fed Prisoner's FOIA Request for Investigation-Related Documents Properly Denied by In 1997, Willie E. Boyd, a federal prisoner, was convicted of charges related to a gun and bag of cocaine found in his girlfriend's closet. He later discovered that his girlfriend's brother was a government informant who had sold drugs …
US appellate court rejects British victims' suit for Guantánamo torture damages by By John Burton On January 11, the United States Court of Appeals for the District of Columbia Circuit dismissed a case brought by four British citizens seeking money damages to compensate them for having been tortured by the …
Foreign Fugitive Awards May Fall Under FSIA’S Commercial Activity Sovereign Immunity Exception by Foreign Fugitive Awards May Fall Under FSIA'S Commercial Activity Sovereign Immunity Exception Jose Guevara filed suit against the Republic of Peru and two Peruvian officials in 2001 for failure to fulfill a contract. The suit was removed …
Article • January 15, 2008 • from PLN January, 2008
Fourth Circuit Finds Virginia Prisoner’s Religious Exercise Claim Meritorious by Michael Rigby Fourth Circuit Finds Virginia Prisoner's Religious Exercise Claim Meritorious by Michael Rigby The U.S. Fourth Circuit Court of Appeals vacated and remanded a district court?s grant of summary judgment to prison officials who had denied a Virginia prisoner …
Publication • January 15, 2008
Denaturalization Investigations Handbook, U.S. Immigration & Customs Enforcement, 2008 Department of Homeland Security Office of Investigations Denaturalization Investigations Handbook OI HB 08-01 January 15, 2008 OFFICIAL USE ONLY Foreword The Denaturalization Investigations Handbook provides a single source of national policies, procedures, responsibilities, guidelines, and controls that should be followed by …
Brief • December 18, 2007
Prison Legal News v. Tilton, CA, Complaint, CDCR Public Records, 2008 ,- DEPARTMENT --+0--6_ ~ _ F'~'t-=~~j{ ~i~itJ~J.¥l~:Ht i;~t9~~~ (:itf Ca~~f1}mia~ 5 ROSEN, BIEN & GALVAN, LLP Sanford Jay Rosen, Bar No. 62566 Amy Whelan, Bar No. 215675 Lon Rifkin, BarNo. 244081 KennethM. Walczak, BarNo. 247389 315 Mont~omery Street, 10th …
WI ACLU Overview of Prisoners' First Amendment Rights by Larry Dupuis EASTERN DISTRICT OF WISCONSIN BAR ASSOCIATION Pro Bono Continuing Legal Education Program Prisoner Litigation An Overview of Prisoners' First Amendment Rights March 29, 2007 Larry Dupuis, ACLU of Wisconsin Foundation IMPORTANT NOTE: This outline was prepared in March 2007. …
California DOC Settles With Mistreated Diabetic Prisoner For $600,000 by The California Department of Corrections and Rehabilitation (CDCR) settled with a prisoner who had sued for failure to properly treat his diabetic condition that eventually resulted in blindness and amputations. The $600,000 settlement included attorney fees and costs. When Daniel …
Female Ohio Guards Awarded $475,000 For Gender Discrimination Regarding Assignment, Promotion by Seven female Ohio guards brought federal suit against the Trumbull County Sheriff's Department (Department) for emotional distress due to unfavorable assignments and lack of promotion. The court awarded them collectively $475,000. The guards claimed sex discrimination because their …
California DOC Settles Federal Suit to Permit Bible Study Materials; Establishes Pilot Program For Screening Books and CDs by John Dannenberg by John E. Dannenberg The California Department of Corrections and Rehabilitation (CDCR) settled a lawsuit brought by Jesus Christ Prison Ministry (JCPM) that sought to overcome CDCR's rigid bar …
Sovereign Immunity Not Waived by Federal Extradition Act by The Eighth Circuit Court of Appeals has held that the Federal Extradition Act does not waive a state's sovereign immunity. This action was filed by St. Charles County, Missouri (County), seeking $5,421.86 from the State of Wisconsin for costs incurred for …
Article • December 15, 2007
Outside Spiritual Leaders Must be Allowed Access to Prisoners by In 2004, prisoners at the Indiana State Penitentiary were denied Moorish Science services because spiritual leaders were suspended from entering the prison. The warden said the suspension was only temporary, but wasn?t clear about what had to be done to …
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