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Article • May 15, 2007
FTCA Claim Barred by Statute of Limitations by The U.S. Court of Appeals for the Eighth Circuit held that the continuing treatment doctrine did not toll the statute of limitations period for filing a medical negligence claim. While in federal custody in January 1997, Steven McCoy had his left leg …
Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity by Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity The U.S. Northern District Court of Texas determined that a private operator of a state prison was not entitled to 11th Amendment and sovereign immunity. Cynthia Proctor, …
Sixth Circuit: United States Not Liable in Prisoner's Murder by On February 26, 2004 the U.S. Sixth Circuit Court of Appeals held that the United States was immune, pursuant to the "discretionary function exemption" of the Federal Tort Claims Act (FTCA), from liability in a lawsuit brought by the family …
Sexually Harassed Prison Kitchen Worker Awarded $90,000 by On August 20, 2002, the U.S. District Court for the Eastern District of Kentucky awarded $90,000 to a prison kitchen worker who was sexually harassed by a prison captain. The judgment was against her former employer, Kellwell Food Management (KFM). While working …
Article • May 15, 2007
Supreme Court Overturns Dismissal of §1983 Action by Supreme Court Overturns Dismissal of §1983 Action The U.S. Supreme Court affirmed in part and reversed in part a lower court's judgment dismissing an Illinois prisoner's action under 42 U.S.C. § 1983 and ordering him to pay the respondent's attorney fees, which …
Article • May 15, 2007
Notice Required When Converting Dismissal Motion into Summary Judgment by The United States Court of Appeals for the Third Circuit ruled that district courts must properly notice parties of their intent to convert motions to dismiss into motions for summary judgment. Four former Montgomery County, PA employees filed separate civil …
Article • May 15, 2007
Presentence Investigation Reports Accessible Under Freedom Information Act by The U.S. Supreme Court held that prisoners could receive copies of their presentence investigation reports under the Freedom of Information Act (FOIA). In two separate incidents prisoners filed suit after their requests for copies of their presentence investigation reports were denied …
Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction by Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction The U.S. Ninth Circuit Court of Appeals affirmed a contested permanent injunction issued by the U.S. District Court, Northern District of California, against the California Department of Corrections (CDC), to remedy …
Pro Se Litigant Not Entitled to Attorney Fee Award by Pro Se Litigant Not Entitled to Attorney Fee Award. The Seventh Circuit Court of Appeals held that a litigant acting pro se cannot be awarded attorney fees as a prevailing party under the Equal Access to Justice Act (EAJA), 28 …
Claims Against California Youth Authority Valid, Class Certified by The U.S. District Court, E.D. California, held that a California Youth Authority (CYA) prisoner had standing for injunctive relief as to mental health claim; allegations supported Rehabilitation Act (RA) and Americans with Disabilities Act (ADA) claims and access to court claims; …
Article • May 15, 2007
Heightened Security Measures For Indicted Prison Gang Member Warranted by A U.S. district court held that heightened security measures placed on an alleged prison gang member were warranted. While a Utah state prisoner, Miguel Flores was indicted for a number of violations of the Racketeer influenced and Corrupt Organizations Act …
Article • May 15, 2007
Muslim Prisoner Entitled to Prayer Oil; RLUIPA Held Constitutional by A federal district court in Wisconsin has held that a Muslim prisoner is entitled to possess prayer oil in his cell, and held the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) is constitutional. Prisoner Jerry Charles filed …
Class Claims Must Be "Fairly Encompassed" By Named Plaintiff's Claims by Class Claims Must Be "Fairly Encompassed" By Named Plaintiff's Claims The U.S. Supreme court held that a Mexican-American who filed suit under the Civil Rights Act claiming he was passed over for promotion because of his national origin could …
Article • May 15, 2007
Involuntarily Transferring Prisoner to HIV Dormitory Violates Right to Privacy by A New York federal district court held that prison officials cannot involuntarily transfer a prisoner who had tested positive for Human Immunodeficiency Virus (HIV) to a separate dormitory. This class action suit was filed by a New York prisoner …
Article • May 15, 2007
Nondisclosure Of Government Records Not Justified By FOIA by The U.S. District Court for the District of Columbia ruled that certain records withheld by the Federal Bureau of Prisons (BOP) and the Federal Bureau of Investigation (FBI) was not properly exempted under the Freedom of Information Act (FOIA). Kieth Maydak, …
Virginia Jail Acted Under Color Of State Law For § 1983 Purposes by Virginia Jail Acted Under Color Of State Law For § 1983 Purposes The United States District Court for the Eastern District of Virginia held that a jail had acted under color of state law for purposes of …
Court Rules On JJDPA Suit Issues, State Compliance Plan Ordered by The United States District Court for the Northern District of Idaho ordered Idaho state officials to devise a plan to put the state in compliance with the Juvenile Justice and Delinquency Prevention Act (JJDPA) and denied state's motions on …
$24,000 Paid in WA Disability Termination Suit by Thomas J. Miller, a visually impaired individually applied for, was interviewed, and hired by Second Chance, a non-profit organization that is a Washington DOC Contractor, to be an on-call supervisor. Bruce Kuennan, Second Chance Director, told Miller that the Washington DOC would …
Dismissal, Summary Judgment Against Prisoner's Medical Claims Affirmed by The U.S. Ninth Circuit Court of Appeals, affirming the U.S. District Court, Western District of Washington, held that a prisoner failed to prove that Washington prison officials were deliberately indifferent to his serious medical needs when they treated him with anti-psychotic …
Wisconsin Prisoner's ADA Claim Proceeds; Counsel Appointed by A Wisconsin federal district court has allowed a prisoner at the Stanley Correctional Institution (SCI) to proceed on his claims under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (ADA). The Court also appointed the prisoner counsel. Wisconsin prisoner …
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