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Article • May 15, 2007
California Religious Grooming, Muslim Sabbath Rule Enjoined, Good Time Restored by Plaintiff Muslim prisoners sought injunctive relief against restrictions on their religious practice; their claims, initially brought under the First Amendment, are now governed by RLUIPA. The court previously granted preliminary injunctive relief (renewed repeatedly because of the PLRA's 90-day …
Article • May 15, 2007
Seventh Circuit Affirms Dismissal of Blind Prisoner's Failure to Protect Suit by The legally blind plaintiff sued under the ADA and the Constitution, alleging that inter alia the defendants had double celled him with other prisoners who verbally and physically assaulted him and stole from him. His attorney, in a …
New BOP Program Isolating Muslim, Middle Eastern Prisoners by by Jennifer Van Bergen The US Department of Justice has implemented a secretive new prison program segregating ?high-security-risk? Muslim and Middle Eastern prisoners and tightly restricting their communications with the outside world in apparent violation of federal law, according to documents …
Eleventh Circuit Remands ADA and Section 1983 Claims for Amended Complaint by John Dannenberg Eleventh Circuit Remands ADA and § 1983 Claims for Amended Complaint by John E. Dannenberg In two similar cases, the Eleventh Circuit U.S. Court of Appeals issued orders remanding prisoner complaints of Georgia?s violations of Title …
BOP Liable for Medical Neglect under State Tort Law by BOP Liable for Medical Neglect Under State Tort Law A federal district court in Pennsylvania held that the Bureau of Prisons (BOP) was liable under the Federal Tort Claims Act for injuries a federal prisoner suffered as a result of …
BOP Ban on Religious Headbands Upheld by The court of appeals for the Ninth circuit held that a Bureau of Prisons rule prohibiting Native American prisoners from wearing religious headbands in the prison mess hall was constitutional. The court held the rule was reasonably related to penological interests. The court …
Transferred Prisoners Entitled to Sending States Good Time Credits and Benefits by The court of appeals for the Eighth circuit held that an Arkansas prisoner transferred to Florida under the Interstate Corrections Compact was entitled to all good time credits and other benefits he would have received had he remained …
Article • May 15, 2007
U.S. Liable to Victim for Failing to Treat Psychotic Prisoner by The court of appeals for the Fifth circuit held that the United States was liable for the behavior of an untreated, psychotic prisoner who raped and killed three women in Alabama after being released from BOP custody. U.S. was …
Article • May 15, 2007
Black Voters' Disenfranchisement Claims Dismissed by The U.S. District Court for the Middle District of Tennessee dismissed claims by a black, Tennessee voter and a public interest law project that a Tennessee law disenfranchising convicted felons, Tennessee Code Annotated (T.C.A.) §2-19-143, violated neither the federal Voting Rights Act, 42 U.S.C. …
Article • May 15, 2007
Work Release Prisoners Are Employees Under Fair Labor Standards Act by The United States Fifth Circuit Court of Appeals, reversing a Louisiana U.S. District Court, held that in some situations a work release prisoner is an employee for purposes of the Fair Labor Standards Act (FLSA). Kevin Watson and Raymond …
Article • May 15, 2007
Prison Mattress Manufacturer Denied PI by The United States District Court for the Northern District of Indiana has denied a preliminary injunction (PI) to a manufacturer of prison mattresses against a competitor. Derby Industries, Inc. manufactures mattresses for prisons. One of its competitors is Chestnut Ridge Foam, Inc. Chestnut Ridge …
Article • May 15, 2007
Prisoner Not Covered by Fair Labor Standards Act by The United States Court of Appeals for the Fourth Circuit held that prisoners are not covered by the federal Fair Labor Standards Act (FLSA), and they are not entitled to receive the minimum wage for work performed within a penal facility. …
Article • May 15, 2007
Tennessee Disenfranchisement Law Upheld by The U.S. Sixth Circuit Court of Appeals upheld a federal district court's dismissal of a case claiming that the Tennessee Voting Rights Act of 1981 violated the Federal Voting Rights Act Amendments of 1982 and the Fourteenth and Fifteenth Amendments to the U.S. Constitution. Charles …
JNOV New Trial Denied in Indiana Jail's Suicide Watch Policy by The U.S. District Court for the Northern District of Indiana denied motions for judgment notwithstanding the verdict (JNOV) and for new trial in a case involving a jail's suicide watch policy. James L. Bird was confined in the Allen …
Work Release Prisoners Employees for FLSA Purposes by The U.S. Court of Appeals for the Fifth Circuit held gnat prisoners in a work release program were "employees" under the Fair Labor Standards Act (FLSA) and that their rights under the 13th Amendment (which forbids slavery and involuntary servitude) were not …
$279,000 Harassment Award Upheld in Missouri Nurses' Suit by The Eighth Circuit Court of Appeals upheld judgment against Missouri Department of Corrections (MODOC) officials in favor of nurses who sued for retaliation and sexual harassment. The court also upheld attorney fee awards. Rebecca Hunt and Susan Nurnberg were recruited by …
Expert Witness Fees Allowed Under ADA and RA by The court of appeals for the Ninth circuit held that prevailing plaintiffs are entitled to full expert witness fees under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794. The underlying …
Article • May 15, 2007
Minimum Wage Provisions Apply to Prisoners Employed by Community College by The Second Circuit Court of Appeals held that the status of being a prisoner does not exclude the prisoner from being entitled to minimum wage for employment services by non-prison employers. This action was filed by a New York …
Eighth Circuit Denies Police Board Sovereign Immunity; Upholds ADA/RA Damages by The Eighth Circuit Court of Appeals, in a case that may have implications for arrestees and prisoners nationwide, has denied Eleventh Amendment sovereign immunity protection to a state-created police board and, splitting with the Sixth Circuit, has ruled that …
Social Security Claimant Entitled to Attorney Fee Award by The United States Supreme Court held a federal court has power under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), to award a Social Security Claimant attorney's fees for representation provided during administrative proceedings held pursuant to a …
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