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Colorado Settles Class Action Prison Disability Discrimination Suit For Over $3 Million by The Colorado Department of Corrections (CDOC) has settled a class action disability discrimination suit over accessibility inside its state prisons for prisoners with impairments in mobility, hearing, sight and for diabetics. Over $3 million will be spent …
Article • July 15, 2007 • from PLN July, 2007
BOP Settles “Terrorism” Classification Privacy Act Suit for $3,000 by BOP Settles "Terrorism" Classification Privacy Act Suit for $3,000 Plaintiff William Francis fought for more than 12 years to have what he claimed was erroneous information linking him to "terrorism" removed from his prison file. His persistence ultimately paid off. …
MTC Stiffs Guards and Other Employees $169,105 by Prison guards are among the 393 employees of Management and Training Corporation (MTC), a company that shorted $169,105 in wages for work performed. MTC employs more than 2,000 workers at 24 Job Corps Centers and six prisons around the nation. The company …
Article • July 15, 2007 • from PLN July, 2007
Pennsylvania DOC Settles Religious Dietary Suit by On December 26, 2006, the Pennsylvania Department of Corrections (DOC) agreed to provide substitute meals to state prisoner Alfonso Pew whenever pork is served. Pew claimed that while imprisoned in the Restrictive Housing Unit, prison officials refused to provide peanut butter or any …
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. § …
Brief • June 19, 2007
Inmates with HIV v. Pataki, NY, Protective Order - Medical Records, 2007 Case 9:90-cv-00252-GLS-DEP Document 348 Filed 06/19/07 Page 1 of 5 Case 9:90-cv-00252-GLS-DEP Document 348 Filed 06/19/07 Page 2 of 5 Case 9:90-cv-00252-GLS-DEP Document 348 Filed 06/19/07 Page 3 of 5 Case 9:90-cv-00252-GLS-DEP Document 348 Filed 06/19/07 Page 4 …
Louisiana Prisoner Denied Religious Materials Under “Approved Vendor” Policy Settles Suit for $21, 786.13 in Damages and Fees by Louisiana Prisoner Denied Religious Materials Under "Approved Vendor" Policy Settles Suit for $21, 786.13 in Damages and Fees The State of Louisiana has settled with a prisoner who was denied religious …
New York Jail’s Juvenile Education Suit Returns to District Court by New York Jail's Juvenile Education Suit Returns to District Court The Second Circuit Court of Appeals has held that a federal court may only grant relief in a civil rights action filed by a prisoner on federal law claims …
Article • May 15, 2007
Prisoners Not Entitled to Minimum Wages by The U.S. Court of Appeals for the Seventh Circuit held that a prisoner, who was forced by state prison authorities to perform menial jobs within the prison, was not entitled to minimum "ages under the Fair Labor Standards Act (FLSA). The order dismissing …
Article • May 15, 2007
Prisoner's Medical Claim not Winnable Without Expert Testimony by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court, Eastern District of Kentucky, held that a federal prisoner's Federal Tort Claims Act (FTCA) suit for failure to treat his injuries was properly dismissed on summary judgment where the …
Bivens Action Legitimate For Deceased Prisoner's Mother To Pursue Damages by The U.S. Supreme Court held that a Bivens remedy was available to the mother of a prisoner who died while in custody and that the remedy was governed by federal law. Respondent, mother of a prisoner who died while …
Article • May 15, 2007
Equitable Tolling of AEDPA's Limitations if Extraordinary Circumstances Exist by Equitable Tolling of AEDPA's Limitations if Extraordinary Circumstances Exist The Ninth Circuit Court of Appeals determined that a prisoner under the one-year time limitation of the Antiterrorism and Effective Death Penalty Act (AEDPA) was granted equitable tolling based on extraordinary …
Article • May 15, 2007
Prisoner Stated Civil Rights Claim but not RICO Claim by The U.S. Ninth Circuit Court of Appeals vacated part of a California federal district court's dismissal of a prisoner's civil right action, holding that the prisoner failed to state a claim under the Racketeer Influenced and Corrupt Organization (RICO) Act, …
Garnishment of Prisoner's Wages not Actionable in State Court by The Colorado Court of Appeals has ruled that state prisoners may not seek relief under the Administrative Procedures Act (APA) or C.R.C.P. Rule 106 to address claims of unlawful garnishment of wages by the Department of Corrections (CDOC). Adam Jones, …
Article • May 15, 2007
Gender is not BFOQ for Georgia Deputy Sheriff Job by The Eleventh Circuit Court of Appeals held that gender is not a bona fide occupational qualification (BFOQ) for the job of Deputy Sheriff I at Atlanta's Fulton County Jail. After the Sheriff posted advertisements for the deputy sheriff positions, a …
Eleventh Circuit: Documents Requested From DOJ Exempt Under FOIA by The U.S. Court of Appeals for the Eleventh Circuit held that certain documents requested from the Department of Justice (DOJ) concerning disciplinary proceedings against the Assistant United States Attorney (AUSA) were exempt under the Freedom of Information Act (FOIA). The …
Article • May 15, 2007
Equitable Tolling Applies to AEDPA by The Eighth Circuit Court of Appeals held that equitable tolling applies to the one-year statute of limitations for filing federal habeas corpus petitions under the Anti Terrorism Effective Death Penalty Act (AEDPA), 28 U.S.C. 2244 (2) (1). The petitioner, an Arkansas prisoner, filed a …
Path Cleared For Construction of Private Pennsylvania Prison by A federal district court in Pennsylvania held that the Bureau of Prisons (BOP) was required under the National Environmental Policy Act (NEPA) to either prepare a final Environmental Assessment (EA) or a Finding of No Significant Impact (FONSI) prior to awarding …
PI Orders Inspection of Iowa Juvenile Mental Facility and Records by An Iowa federal district court issued a preliminary injunction requiring the Gerard Treatment Program, a children's psychiatric medical institution in Mason City, to allow Iowa Protection and Advocacy Services, Inc. (IPAS) to have access to the facility and its …
United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries by United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries In two separate cases, federal prisoners filed claims for …
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