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MI Court Holds RLUIPA Constitutional by A Michigan Federal Court held the religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000, 42 U.S.C. section 2000cc, is constitutional. Members of the Melanic Islamic Palace of the Rising Sun brought this class action suit after the Michigan Department of Corrections (MDOC) …
No Immunity for DOC Under Rehabilitation Act or ADA by No Immunity for DOC under Rehabilitation Act or ADA The U.S. Southern District of New York held that DOC was a state agency but was not necessarily entitled to qualified immunity. New York state DOC was sued by a former …
Article • May 15, 2007
Eleventh Circuit Holds RLUIPA Constitutional by David Reutter By David M. Reutter The Eleventh Circuit Court of Appeals has held the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not violate either the Spending Clause, the Establishment Clause, or the Tenth Amendment of the U.S. Constitution. Georgia Prisoner Ralph …
Article • May 15, 2007
Habeas Corpus Petitioner Convicted for False Declarations by The Fourth Circuit Court of Appeals affirmed a habeas corpus petitioner's conviction for two counts of violating 18 U.S.C. § 1623, which criminalizes the making of false declarations before a court. The petitioner filed a habeas corpus petition in federal court in …
Limits Imposed on Court Conversion of Actions; BOP Law Enforcement Notification Implicitly Approved by Limits Imposed on Court Conversion of Actions; BOP Law Enforcement Notification Implicitly Approved The Seventh Circuit Court of Appeals has held that a district court's re-characterization of a prisoner's action was improper. This action was filed …
Gender Discrimination Permissible in Guard Shift Assignment by The Sixth Circuit Court of Appeals held a Title VII claim under the Civil Rights Act of 1964 is not stated where a Sheriff transferred a female guard from the first shift to third shift to comply with state law. The guard …
Factual Issues Preclude Summary Judgment on Eighth Amendment, ADA Claims by A U.S. district court dismissed a .prisoner's First Amendment and retaliation claims but held that summary judgment of his Eighth Amendment and ADA claims was precluded by remaining issues of fact. A Michigan state prisoner brought §1983 action against …
Article • May 15, 2007
US Supreme Court Held Plaintiff Must Inform Himself Of His Legal/Medical Rights; Defines When Claim Accrues by US Supreme Court Held Plaintiff Must Inform Himself Of His Legal/Medical Rights; Defines When Claim Accrues The US Supreme Court held that any claim against the United States in a Federal Tort Claims …
Local Rules Govern Appointment of Counsel in FOIA Case by The court of appeals for the District of Columbia circuit held that a local rule, not 28 U.S.C. § 1915(e)(1) governed the appointment of counsel in a Freedom of Information Act suit brought by a federal prisoner seeking records from …
FTCA Judgment Facts Suit Against U.S. Bars Bivens Action Based on Same Facts by The Court of Appeals for the Tenth Circuit held that a judgment in a Federal Tort Claims Act (FTCA) suit against the United States bars a Bivens action based on the same conduct. A transsexual former …
Dismissal and QI Denied in Cross-Gender Pat Searches by The Federal District Court in Connecticut has found that fact issues remain regarding the constitutionality of cross gender pat searches and whether appropriate steps were taken to protect a female prisoner after she reported sexual assaults by a guard. Qualified immunity …
Prison Programs Receive Federal Funds Under Civil Rights Restoration Act Definition by Prison Programs Receive Federal Funds Under Civil Rights Restoration Act Definition The U.S. District Court for the District of Arkansas held that Arizona Department of Corrections (ADOC) "programs or activities" received federal funds for 'purposes of a prisoner's …
Confiscation of Social Security Benefits Actionable Under Rehabilitation Act by The U.S. Court of Appeals for the Sixth Circuit held that juveniles formerly in state custody whose benefits were seized by the Tennessee Department of Children's Services (DCS) to pay for their "maintenance," could pursue a claim under the Rehabilitation …
NY DOCS Policy Possibly Violates ADA Prohibition Against Disability Inquiry by The U.S. Court of Appeals for the Second Circuit held that a New York Department of Correctional Services (DOCS) policy requiring employees to provide general diagnoses as part of a medical certification procedure following certain absences generally fell within …
Article • May 15, 2007
Imposition Of Constructive Trust To Collect Pension Benefits Prohibited by The U.S. Supreme Court held that a constructive trust imposed against the recipient of pension fund benefits in order to satisfy a monetary judgment against him violated the anti-alienation provision of the Employee Retirement Income Security Act of 1974 (ERISA). …
Summary Judgment Of Rehabilitation Act Suit Precluded By Fact Issues by The U.S. Ninth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of a prisoner's suit under the Rehabilitation Act (RA) of 1973 against the Arizona Department of Corrections (ADOC). Nicki Aaron Bonner, a …
New York DOCS Sick Leave Policy Violates ADA by The U.S. District Court for the Northern District of New York held that a New York Department of Correctional Services (DOCS) sick leave policy requiring employees to provide general diagnoses following certain absences from work violated the Americans With Disabilities Act …
Prisoner Regarded as Having Impairment Entitled to ADA and RA Protection by A Massachusetts federal district court held that the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) applies to prisoners suffering from a heart condition and diabetes. The prisoner's suit alleged he was denied participation in educational …
Right-To-Sue Letter Not Required For ADEA Claims by The United States District Court for the Eastern District of New York held that Title VII procedural requirements mandate that a claimant obtain a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC), but a right-to-sue letter is not necessary for actions …
Texas Supreme Court Clarifies Tort Claim Act Notice Requirement by Matthew Clarke by Matthew. T. Clarke The Supreme Court of Texas has held that an accident investigation by a governmental under certain circumstances, suffice for the notice required by the Texas Tort Claims Act, § 101.101, Texas Civil Practice and …
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