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Seventh Circuit Upholds RLUIPA as Constitutional Under Spending, Establishment Clauses by Seventh Circuit Upholds RLUIPA as Constitutional Under Spending, Establishment Clauses The U.S. Seventh Circuit Court of Appeals, affirming the federal district court, Western District of Wisconsin, held that the Religious Land Use and Institutionalized Persons Act (RLUIPA) was constitutional …
Article • May 15, 2007
Prisoner Made Goods Must be Labeled for Interstate Transport by The United States Supreme Court held that transportation of prisoner made goods without proper labeling violated the Ashurst Sumners Act (ASA), 49 U.S.C.A. §§ 61-64, and the U.S. Constitution Act 1, § 8. The Kentucky Whip and Collar Co. (petitioner) …
9-11 Detainees' Suit Survives Government's Motion to Dismiss by Matthew Clarke By Matthew T.Clarke On. September 27, 2005, a federal district court in New York issued a 70-page, unpublished memorandum and order granting in part and denying in part the defendants' motion to dismiss civil rights conditions-of confinement claims brought …
Soverign Immunity Bars Prisoners ADA Damage Claim by The Third Circuit Court of Appeals has held that a prisoner is not entitled to bring a claim for damages in a suit under Title II of the American with Disabilities Act (ADA). This lawsuit was brought by New Jersey prisoner Oliver …
Alaska Prisoners' Disciplinary Hearing Rights by In 1975 Alaska's supreme court held that under the state and federal constitutions, Alaskan prisoners enjoy substantial due process rights in prison disciplinary hearings, moreso than prisoners enjoy under the U.S. Constitution alone. The state supreme court held that Alaskan prisoners have the right …
9th Circuit Reversed SJ for Non-Exhaustion by In an unpublished opinion, the Ninth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials for a prisoner's purported non-exhaustion. Nevada prisoner John Auer brought suit, alleging excessive force, retaliation and denial of access to the courts …
Article • May 15, 2007
Prison Employees Clearing Security Constitutes Paid Work Time by The Maryland Court of Appeals upheld an Administrative Law Judge's decision that the state prison could not force employees to use personal leave time to undergo searches while entering and leaving prison property. Kathleen Palmer and other employees of the Eastern …
Failure to Protect Federal Informant's Wife Not Actionable by A Massachusetts's federal district Court held the U.S Government cannot be held liable for a decision of whether to protect or how to protect an individual. This action was brought by the wife of a federal informant who was serving the …
Article • May 15, 2007
PI Granted to Disclose Records Under PAMII by The plaintiff, an organization with authority under Protection and Advocacy for Mentally Ill Individuals ("PAMII") (a/k/a PAIMI), has the authority to investigate incidents of abuse and neglect and to have access to the records and facilities of publicly and privately run institutions, …
Individual Prison Officials Not Liable Under FLSA by Correctional officers sued prison officials in their individual capacities, not their official capacities, over alleged Fair Labor Standards Act (wage and hour) violations, in order to avoid the Eleventh Amendment bar against official capacity suits. However, the defendants in their individual capacities …
BOP Prisoner Bystander Hurt in Gang Fight States FTCA Claim by The plaintiff sued under the Federal Tort Claims Act alleging that prison staff negligently permitted him to be injured as a result of a gang fight in which he was not involved, and that he did not receive proper …
Five Hour Delay in Treating Beaten Arrestee Okay by The deaf plaintiff alleged that he was arrested because of his disability (i.e., because he didn't sufficiently cooperate with police because he couldn't hear what they were saying). Police investigative activities are "government programs" under the Americans with Disabilities Act, as …
ADA Claim Dismissed for Non Exhaustion by The plaintiff brought an ADA suit against prison staff. He "stated that he had not exhausted his administrative remedies because, when he asked his counselor, one of the defendants, for a grievance form, the counselor told him to get out of his office." …
Article • May 15, 2007
Black Supervisors Liable for Title VII Harassment by Permanent placement in the "bubble," a stressful inmate supervision position that allowed the officer on duty no breaks, and to which no one had previously been assigned permanently, was a sufficiently adverse employment action to support a Title VII claim. The fact …
Article • May 15, 2007
Black Prison Guards Discrimination Suit Dismissed by The plaintiff, an African-American correction officer, was reprimanded while a probationary officer. That action was not sufficiently adverse to support a Title VII suit, and his claims of disparate treatment with respect to white staff fail because they were not probationary and therefore …
Article • May 15, 2007
Administrative Exhaustion Required for Title VII Claims by The plaintiff complained of sexual harassment under Title VII. At 241-42: A federal district court may only properly consider claims that were not administratively exhausted if the conduct subsequent to the EEOC charge is "reasonably related" to the claims raised in the …
BOP Prisoners Bunk Injury Dismissed Under FTCA by The plaintiff fell out of a bunk bed and injured his knee. He had an order to be placed in a lower bunk but didn't tell anybody about it. The order was in the prison computer but the responsible employee didn't look …
Article • May 15, 2007
Court Upholds Maryland DOC Staff Grooming Rules by The Rastafarian correctional officer was disciplined for wearing dreadlocks contrary to the agency's grooming policy. At 398: "The challenged rules are rationally related to the division's legitimate interests in public safety, discipline and esprit de corps." They allow staff members to be …
ADA Requires Exhaustion of Employee Claims by At 181: ". . . [T]he purpose of the administrative exhaustion requirement of the ADA is to provide notice to Defendant of an employee's claims. . . . Thus, the general rule is that the Complaint must be limited to the events identified …
Article • May 15, 2007
EEOC Delay Not Responsibility of Plaintiff by At 521-22: The Third Circuit recognizes "the prevailing jurisprudence that a charge [of discrimination filed with the EEOC] need not comply with a plethora of particular requirements." . . . The Code of Federal Regulations provides that "a charge is sufficient when the …
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