Skip navigation

Search

2286 results
Page 89 of 115. « Previous | 1 2 3 4 ... 85 86 87 88 89 90 91 92 93 ... 111 112 113 114 115 | Next »

Article • May 15, 2007
New BOP Work Release Policy Upheld by The Bureau of Prisons' interpretation of its general statutory authority as not including placement in community correctional centers (CCCs), and of the CCC statute as authorizing placement only for the last 10% of a prisoner's sentence, were permissible, and this new interpretation did …
Article • May 15, 2007
Administrative Exhaustion Required for Title VII Claims by Title VII claimants must exhaust administrative remedies. At 644: "Where a plaintiff's claims 'exceed the scope of the EEOC charge[s] and any charges that would naturally have arisen from an investigation thereof, they are procedurally barred.'" Here, the EEOC charge alleged only …
Article • May 15, 2007
Feres Doctrine Bar Military Prisoners FTCA Claim by Feres Doctrine Bar Military Prisoner's FTCA Claim The plaintiff, a prisoner at the U.S. Army disciplinary facility, serving 29 years for kidnapping, rape, and attempted murder, was hurt by a falling ceiling while watching television. His Federal Tort Claims Act suit is …
Article • May 15, 2007
U.S. Supreme Court Invalidates Violence Against Women Act by The United States Supreme Court held that the Violence Against Women Act of 1994 (VAWA), 42 U.S.C. § 13981, is unconstitutional as an exercise of Congressional power under both the Commerce Clause, Article I, section 8, U.S. Constitution, and section 5 …
Article • May 15, 2007
ADEA Claims Must be Properly Exhausted by ADEA claims are within the "scope of the EEOC charge" if they are reasonably related to the charge, i.e. if they are within the scope of the investigation that could reasonably be expected to grow from the original complaint." (527) When the charge …
EEOC Complaint Exhausts Title VII Claim by At 376: While Title VII allows for loose pleadings before the EEOC and a complainant need not list every detail of her alleged discriminatory treatment, a charge of discrimination needs to provide sufficient specifics to afford the EEOC a reasonable opportunity to fulfill …
Article • May 15, 2007
NY Police Immune for Taking Disabled Woman to Hospital by Police officers made a warrantless entry to a residence based on a 911 call and found a woman with Down syndrome there alone; they took her to a mental hospital, where she was kept overnight. The police officers were entitled …
No Remedy for Contractor Suit Against Unicor by The plaintiff contractor sued Federal Prison Industries (a/k/a/ Unicor) under the Contract Disputes Act in the Court of Federal Claims. That court lacked jurisdiction because Federal Prison Industries is a "non-appropriated fund instrumentality" for which the United States was not financially answerable …
Article • May 15, 2007
FBI Waived Timeliness Defense by Not Raising It in Administrative Proceedings by The plaintiff sued alleging employment discrimination under the Rehabilitation Act. His administrative complaint was arguably late, but the agency found that it was timely and did not assert a timeliness defense until after suit was filed. At 74: …
ADA, RA Include Private Cause of Action by The Americans with Disabilities Act's incorporation by reference of the rights and remedies of the Rehabilitation Act, which in turn incorporates those of Title VI of the Civil Rights Act of 1964, includes the judicial gloss on those rights and remedies, including …
Change in BOP Work Release Policy Upheld by The Department of Justice's policy stating that prisoners cannot be sent to community corrections centers until the last 10% of their sentences is a reasonable interpretation of the statute; the abrupt change in policy was exempt from the notice and comment requirement …
Article • May 15, 2007
Name Calling Suit Dismissed by The plaintiff's complaint that a prison employee called him a liar and a vexatious litigant with a morally deviant character is not actionable under the Federal Tort Claims Act because the statute exempts libel and slander claims from its waiver of sovereign immunity. The plaintiff …
Disabled Prisoner's Handcuffing Suit Proceeds to trial Under RA by The plaintiff alleged that he was injured when prison staff ignored an order to handcuff him in front because of a medical problem with his shoulder, which he said resulted in dislocation of his shoulder. The plaintiff alleged a violation …
Article • May 15, 2007
RLUIPA Found Unconstitutional by Sixth Circuit by The Religious Land Use and Institutionalized Persons Act violates the Establishment Clause because it favors religious rights over other fundamental rights without any showing that religious rights are at any greater risk of deprivation. It is not necessary to avoid an Establishment Clause …
Article • May 15, 2007
Civil Rights Act Ensures Prisoner's Chance To Prove Allegations Of Abuse by California State Prisoner Clifford Wiltsie brought a § 1983 suit in the U.S. District Court for an alleged unprovoked attack on him by several Department of Corrections (DOC) guards. His suit seeking release from custody and monetary damages …
Article • May 15, 2007
Third Circuit Invalidates BOP's 2005 CCC Regs. by In the latest chapter of the saga previously reported in PLN concerning Bureau of Prison (BOP) Community Correction Center (CCC) eligibility, the Third Circuit Court of Appeals invalidated BOP regulations adopted in 2005 that restricted CCC placement, finding the regulations were contrary …
BOP Enjoined in Transferring Prisoners from Work Release by The court grants a preliminary injunction against the transfer of three persons serving sentences in community confinement centers who have been notified that they will be transferred to a federal prison for the remainder of their sentences based on the Department …
Article • May 15, 2007
No Right To Halal Meat for Washington State Prisoner If Kosher Fits Religious Needs by No Right To Halal Meat for Washington State Prisoner If Kosher Fits Religious Needs Pro se Washington State prisoner and Muslim Linniell Phipps claimed constitutional violations when his facility substituted Kosher meals for Halal meat. …
Article • May 15, 2007
ADEA Exhaustion Not Jurisdictional by Exhaustion under the Age Discrimination in Employment Act is not jurisdictional (150). The court applies to ADEA administrative exhaustion the same rule applied to Title VII exhaustion, since the requirements are the same. A claim not asserted in the administrative charge may be litigated in …
Article • May 15, 2007
Title VII Plaintiff Can Rely on EEO Statements for Exhaustion Purposes by The court applies equitable principles to excuse the plaintiff from exhausting one aspect of her Title VII claim because she withdrew the relevant administrative charge based on the incorrect advice of an EEO counselor. At 17-18: "Failure to …
Page 89 of 115. « Previous | 1 2 3 4 ... 85 86 87 88 89 90 91 92 93 ... 111 112 113 114 115 | Next »