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Article • December 15, 2007
ADA Doesn’t Apply to Police Shooting Mentally Ill by ADA Doesn't Apply to Police Shooting Mentally Ill Claims of excessive force and of assault and battery by the police were precluded by the plaintiff's conviction for assault with a deadly weapon arising from the same events. A police shooting and …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
Article • December 15, 2007
Harassment By Prisoners Cannot Create a Hostile Work Environment by Evidence that the plaintiff ex-prison employee "cried a lot" and the inmates and co-workers "got on her nerves" do not establish that she has a disability; she may have been depressed or anxious but submitted no medical evidence or evidence …
DC Circuit Awards Fees in CIA FOIA Suit by The Court of Appeals for the District of Columbia has held that the appellee in this case was a prevailing party in a lawsuit to enforce his request under the Freedom of Information Act (FOIA), and remanded to determine if he …
Summary Judgment Reversed on Denial of Prisoner Atheist Group by Bob Williams By Bob Williams The United States Court of Appeals for the Seventh Circuit has reversed a summary judgment against a Wisconsin state prisoner whose request to form a prisoner atheist group was denied by the Wisconsin Department of …
Article • December 15, 2007
Fifth Circuit: No FLSA Minimum Wage for Texas Prisoners by The Fifth Circuit Court of Appeals held that the Fair Labor Standards Act (FLSA) did not apply to Texas prisoners working in Texas state prisons. Douglas Loving, a Texas state prisoner, filed a civil rights suit under 42 U.S.C. § …
Tenth Circuit OKs First Raising Qualified Immunity on SJ 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, and the district court erred in failing to address the defense in the summary judgment …
Prison Drinking Water and Wastewater Pollution Threaten Environmental Safety Nationwide by John Dannenberg by John E. Dannenberg Aging infrastructure concerns are not limited to America's highways, bridges and dams. Today, crumbling, overcrowded prisons and jails nationwide are bursting at the seams -- literally -- leaking environmentally dangerous effluents not just …
Article • November 15, 2007 • from PLN November, 2007
Michigan’s Law Attaching Prisoner Retirement Benefits Trumped By Federal Law by Michigan's Law Attaching Prisoner Retirement Benefits Trumped By Federal Law Michigan requires financially able prisoners to contribute up to 90% of monies received at their prison address to the state's coffers as an offset to the cost of their …
Federal Prisoner Beaten On Texas Recreation Yard Awarded $350,000 by On March 12, 2007, a federal district court awarded $350,000 to a prisoner who was beaten by about 40 other prisoners on the recreation yard of a federal prison in Texas. Plaintiff Luis Garza claimed that while on the recreation …
Article • November 15, 2007
TOWARD A MORE ELABORATE TYPOLOGY OF ENVIRONMENTAL VALUES: LIBERALIZING CRIMINAL DISENFRANCHISEMENT LAWS AND POLICIES by 33 New Eng. J. on Crim. & Civ. Confinement 283 TOWARD A MORE ELABORATE TYPOLOGY OF ENVIRONMENTAL VALUES: LIBERALIZING CRIMINAL DISENFRANCHISEMENT LAWS AND POLICIES [FN1] © Avi Brisman [FNa1] Copyright © 2007 by New England …
Fortress Of Solitude: The Bureau Of Prisons Is As Good At Keeping Prisoners In As It Is At Keeping Reporters Out by Alan Prendergast A hundred miles southwest of Denver, the U.S. Penitentiary Administrative Maximum houses a killer lineup of mobsters (Salvatore "Sammy the Bull" Gravano), gang leaders (Barry "The …
“Liberal” Pleading Construction Reveals Negligent Guard Theory Claim by "Liberal" Pleading Construction Reveals Negligent Guard Theory Claim The Second Circuit Court of Appeals has reversed a New York federal district court?s dismissal of claims under the Federal Tort Claims Act (FTCA), finding that the court failed to "liberally" construe the …
Massachusetts District Court: FBI Ordered to Pay $101.7 Million for Malicious Prosecution by Michael Rigby A federal judge in Massachusetts has awarded $101.7 million to four innocent men who were framed by the FBI for a murder they did not commit. In a scathing 228-page decision entered on July 26, …
Article • October 15, 2007 • from PLN October, 2007
Arkansas Prisoner Denied Kosher Diet Awarded $1,500 by On August 25, 2006, the Director of the Arkansas Department of Corrections was ordered to pay state prisoner Michael Fegans $1,500 for violating his constitutional rights to a kosher diet. Fegans is a devout member of the Assemblies of Yahweh, a religious …
California’s Solution To Prison Overcrowding: $7.4 Billion To Build 53,000 New Beds by Marvin Mentor California's Solution To Prison Overcrowding: $7.4 Billion To Build 53,000 New Beds by Marvin Mentor Faced with three federal judges threatening to place a population cap on California's overcrowded prison system, the state Legislature and …
Article • September 15, 2007 • from PLN September, 2007
Washington’s Criminal Justice System Racially Biased; Voting Rights Act Claim Fails Anyway by Washington's Criminal Justice System Racially Biased; Voting Rights Act Claim Fails Anyway Despite finding that Washington state's criminal justice system is racially biased, a federal district court has held that the state's felon disenfranchisement law does not …
“State Secrets Privilege” Forecloses CIA-Detainee’s Kidnapping and Torture Suit by John Dannenberg "State Secrets Privilege" Forecloses CIA-Detainee?s Kidnapping and Torture Suit by John E. Dannenberg The Fourth Circuit U.S. Court of Appeals has upheld a district court's dismissal of a civil rights action filed by a foreign national who was …
Government Segregates Muslim Prisoners Restricts Phone Calls and Visits by Government Segregates Muslim Prisoners, Restricts Phone Calls and Visits By William Fisher Legal authorities are charging that racial profiling is responsible for low-risk Muslim prisoners convicted for crimes the Justice Department intimates are terror-related being held in a segregated unit, …
A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE by A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE A Review of …
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