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Tenth Circuit Reverses Dismissal of Federal Prisoner's Medical Suit by The Tenth Circuit Court of Appeals reversed a lower court's dismissal of a federal prisoner's suit, finding that the prisoner had adequately exhausted his administrative remedies and stated a cognizable deliberate indifference claim. Former Japanese Red Army member Yu Kikumura …
Rikers Island Guard Awarded $1 Million For Sexual Harassment By His Captain by Rikers Island (New York) prison guard Scott Singleton brought federal action against the City of New York for civil rights violations after sexual harassment by his captain ruined his home life and separated him from his daughter. …
Vermont Prisons Subject to Human Rights Commission Jurisdiction by The Vermont Supreme Court has held that the Vermont Fair Housing and Public Accommodations Act (The Act) applies to state prisons. That holding affirmed an order by the Washington Superior Court denying the Vermont Department of Corrections’ (VDOC) motion to quash …
Federal FIOA Doesn’t Apply to OH State Agencies by Jan Becker, an Ohio state prisoner, petitioned for a Writ of Mandamus in state court to compel the state Highway Patrol to disclose documents under the federal Freedom of Information Act (FOIA), 5 U.S.C. § 551(1) et seq. and the state …
Article • June 15, 2008
Maryland Settles Suit Over Guard Wearing Dreadlocks by On 05-24-04, Maryland settled a suit brought by a prison guard who was disciplined for failing to cut his dreadlocks. Jonathan Booth was a 35-year old, married, black Maryland prison guard when he was ordered to cut his dreadlocks. Booth, who is …
Brief • 2008
Masacz v. Correctional Medical Services, FL, Order, HIPAA, 2008 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 50 2008 CA 000056 XXXXMB DIV. AB JACEK MASACZ, Plaintiff, vs. CORRECTIONAL MEDICAL SERVICES, INC., and DR. PIERRE DORSAINVIL, M.D., Defendants. _________________ ......;/ …
No Exhaustion Required in Juvenile IDEA Suit for Damages by The court had previously held that plaintiff, confined by the California Youth Authority, had to exhaust concerning his placement in detention because it was grievable, but did not have to exhaust under the California Tort Claims Act It asked for …
Ohio Prison Employee Loses Suit Over Supervisor Bugging Her Desk by The plaintiff civilian employee found a microphone by her desk; her supervisor admitted he had bugged her because he thought there were racial problems in the office. He was suspended; nothing happened to her. She had no claim against …
Administrative Exhaustion Required in Alabama HIV/AIDS Class Action Suit by The plaintiffs sued on behalf of themselves and all present and future HIV-positive prisoners in the state prison system, complaining both of their segregation from the general prison population and their exclusion from most programming, and of inadequate medical care. …
County Immune for Holding Federal Detainee Without Court Hearing by The plaintiff, a federal detainee held in a county jail, was detained for 12 days before being taken before a judicial officer. The Feds settled. The County could not be held liable because its actions did not cause the deprivation: …
Multiple Sclerosis Not Covered by ADA by The multiple sclerosis of the plaintiff, a former corrections investigator, was not a disability under the Americans with Disabilities Act, since it precluded him only from performing his own job and not a broad class of jobs, and the defendants were therefore not …
Alabama Female Guards Title VII Suit over Masturbating Prisoners Dismissed by Female prison guards employed in a male prison sued under Title VII, alleging that they had been subjected to a hostile work environment as a result of the "egregious acts" of the prisoners, condoned by the plaintiffs' superiors. (One …
Federal Prisons Not Subject to ADA by The hearing-impaired plaintiff complained of his treatment in a Wackenhut facility while awaiting deportation. Since he has now been deported, his claim about conditions is moot, and the court lacks jurisdiction to overturn his deportation even though he says he elected not to …
Federal Prison Staff Are Law Enforcement Official For Purposes Of FTCA Claims by Daniel E. Manville by Dan Manville Federal prisoners are no longer able to sue pursuant to the Federal Tort Claims Act (FTCA) for property that was negligently lost or destroyed by federal prison staff. In Ali v. …
Federal Court Grants Class Certification to Disabled Washington Prisoners by On August 10, 2007, the U.S. District Court for the Western District of Washington granted class certification to a group of disabled prisoners who were not allowed to participate in work release programs due to their disabilities. Plaintiff Rickey Peralez …
Brief • March 5, 2008
Hudson v. Dennehy, MA, Order, Religious Rights Violation, 2008 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 01-CV-12145-RGS MAC HUDSON AND DERRICK TYLER v. KATHLEEN DENNEHY, in her official capacity as Commissioner of the Massachusetts Department of Correction FINDINGS OF FACT, RULINGS OF LAW, AND ORDER AFTER A …
Brief • March 4, 2008
Centinela v. Bacardi & Co, DDC, Order, Fees for Motion to Compel Discovery Request, 2008 Case 1:05-cv-10220-PBS Document 1-1 Filed 02/03/2005 , FILED 1 t, CLfRKS OFFICE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSET TS RICHARD CASTELLINI tp t. !,...,. r""_ .....,.;._; . ; illll:i FEB -3 p …
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 …
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