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Brief • June 26, 2006
Prison Legal News v Lappin, DC, Verdict, BOP public records, 2006 Page 1 Cited As of: Jan 04, 2007 PRISON LEGAL NEWS, Plaintiff, v. HARLEY G. LAPPIN, DIRECTOR, FEDERAL BUREAU OF PRISONS, Defendant. Civil Action No. 05-1812 (RBW) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 436 F. Supp. …
Article • June 15, 2006 • from PLN June, 2006
Dismissal of the Publisher/Approved Vendor Only Challenge Reversed by The Sixth Circuit Court of Appeals reversed a district courts sua sponte dismissal of a Michigan prisoners claims that rejection of a religious publications violated the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA). On November 1, …
SJ Reversed on Delaware Detainee Triple-Celling Claim; Due Process, Not Eighth Amendment Controls by The Third Circuit Court of Appeals held that a Delaware District Court improperly analyzed a conditions of confinement claim brought by pre-trial detainees under the Eighth Amendment, rather than the Due Process Clause of the Fourteenth …
Buddhist Prisoner Properly Denied Vegan Diet Under First Amendment; Case Remanded for RLUIPA Claim by David Reutter The Third Circuit Court of Appeals has held that a prisoners First Amendment religious exercise right to practice Mahayana Buddhism was not violated by prison officials refusal to provide a vegan diet. The …
Native American California Prisoner Entitled to Religious Exception from Prison Hair Grooming Policy by John E Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals, applying the Religious Land Use and Institutionalized Person Act (RLUIPA) (42 U.S.C. § 2000cc, et seq.), held that the blanket three-inch hair length …
Scandal, Suicides, Corruption and Abuse Abound at New York Citys Rikers Island Jail by Gary Hunter Scandal, Suicides, Corruption and Abuse Abound at New York Citys Rikers Island Jail by Gary Hunter When Rikers Island was purchased in 1884 it was only 87 acres. The city of New York made …
Abu Ghraib: Enduring Symbol of Hated Regimes by Matthew T. Clarke Abu Ghraib, a 280-acre prison complex located 20 miles west of Baghdad, is a well known symbol to the Iraqi people. Abu Ghraib holds about 3,500 of the approximately 10,500 prisoners held by American forces in Iraq. All prisoners …
Article • May 15, 2006 • from PLN May, 2006
Sixth Circuit: RLUIPA Held Constitutional Under the Spending Clause by by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals, acting on remand from the U.S. Supreme Courts recent ruling (Cutter v. Wilkinson, 125 S.Ct. 2113 (2005); PLN, July 2005, p.30) (Cutter II) that the Religious Land Use and …
NYDOCS Abandons ADA DOJ Exhaustion Defense by Upon the request of prison officials, the Second Circuit Court Of Appeals vacated a district courts dismissal of an action brought by New York prisoners, for failure to exhaust administrative remedies. Several of New York State Department of Correctional Services (DOCS) prisoners brought …
$1.1 Million FTCA Emotional Distress Award In BOP Suicide Death Upheld, Even Though Murder By Guar by $1.1 Million FTCA Emotional Distress Award In BOP Suicide Death Upheld, Even Though Murder By Guards Suspected by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals upheld a $1.1 million award …
Dismissal of Bivens Action for Non-Exhaustion Reversed by The Seventh Circuit Court of Appeals vacated a lower courts grant of summary judgment against a federal prisoner for failing to exhaust administrative remedies. Federal Bureau of Prisons (BOP) prisoner Curtis Dale was stabbed seven times by other prisoners on the recreation …
Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons by Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons The Seventh Circuit Appeals Court affirmed a lower courts decision that held prisoners are not entitled to the minimum wage provision of the Fair Labor …
Wisconsin Prison Employee Raped By Prisoner Awarded $366,000 by On April 8, 2005, a federal jury awarded $366,000 to a Wisconsin prison employee who was raped by a prisoner. The 51-year-old female plaintiff, a non-security employee of the Wisconsin Department of Corrections was raped by a knife-wielding prisoner on December …
Supreme Court: Prisoners' ADA Right to Sue for Damages Trumps State's Sovereign Immunity by by John E. Dannenberg The United States Supreme Court unanimously ruled that the private cause of action created by the Americans With Disabilities Act (ADA) (42 U.S.C. § 12131 et seq.), which permits disabled state prisoners …
Ninth Circuit Reverses Dismissal of ADA Suit for Failure to Exhaust by The Ninth Circuit Court of Appeals held that a district court erred in dismissing a California prisoners suit for failing to exhaust administrative remedies under 42 U.S.C. § 1997e(a) of the Prison Litigation Reform Act, (PLRA). Earl Butler, …
Article • March 15, 2006 • from PLN March, 2006
BOP Secret Squirrel Photo File" Suit Remanded by BOP Secret Squirrel Photo File" Suit Remanded The U.S. Court of Appeals for the D.C. Circuit has reinstated a prisoner lawsuit under the federal Privacy Act (Act) at 5 U.S.C. § 552a, et seq. The District Court for the District of Columbia …
New Mexico Jail Prisoners Raped by Judge and Guards Settle for $890,000 by On June 3, 2004, ten female prisoners who were allegedly raped by a New Mexico judge and jail guards settled their lawsuit for $890,000. The plaintiffs, who had been confined in the Española City Jail, claimed municipal …
BOP Enjoined from Terminating Boot Camp Program by A Massachusetts federal district court has entered a preliminary injunction against the Bureau of Prisons (BOP), enjoining it from terminating its boot camp" incarceration program, pending compliance with the Administrative Procedures Act (APA), and requiring good faith consideration of the plaintiff for …
Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim by Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim The Nebraska Supreme Court reversed a lower courts dismissal of a prisoners 42 U.S.C. § 1983 action, finding that he stated a cognizable claim for …
Bailey v. MN DOC, MN, Order, ASL interpreter sex offender treatment disabled prisoner, 2005
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