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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
From the Editor by Paul Wright In addition to PLN's own censorship litigation for prisoners we also undertake advocacy and support for prisoner rights on behalf of prisoners in other court cases. In the current supreme court term, PLN submitted an amicus brief in Goodman v. Georgia, a case involving …
8th Circuit Invalidates BOP Halfway House Policy; 7th Circuit Says Challenge Not Cognizable on Habeas by 8th Circuit Invalidates BOP Halfway House Policy; 7th Circuit Says Challenge Not Cognizable on Habeas The Eighth Circuit Court Of Appeals reversed the denial of a federal prisoner's 28 U.S.C. § 2241 habeas corpus …
Article • January 15, 2006 • from PLN January, 2006
Feres Doctrine Bars FTCA Actions by by Military Prisoners The Unites States Court of Appeals for the D.C. Circuit held that the Feres doctrine, adopted by the United States Supreme Court in Feres v. United States, 340 U.S. 135 (1950), bars suits brought under the Federal Tort Claims Act (FTCA) …
Article • January 15, 2006 • from PLN January, 2006
Seventh Circuit Reverses § 1915(e)(2) Dismissal of Meritorious Complaint by by Bob Williams The U.S. Court of Appeals for the Seventh Circuit has reversed a Wisconsin Federal District Court's dismissal of a prisoner complaint the district court found to have probable merit but dismissed under 28 U.S.C. § 191S(e)(2) screening because …
PLN Sues Bureau of Prisons for Lawsuit Information by On September 12, 2005, Prison Legal News (PLN) filed suit in federal district court to overturn an agency ruling denying it access to documents held by the Federal Bureau of Prisons (BOP). The lawsuit, filed in federal district court in Washington, …
Ban on Separatist Religious Publication by Ban on Separatist Religious Publication Reversed by Eighth Circuit The Eighth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials related to the refusal to deliver a religious publication they deemed to be racially inflammatory Missouri Department of …
Georgia Prison Warden Proper Defendant In § 1983, ADA Suit by by Michael Rigby The U.S. Eleventh Circuit Court of Appeals held that a Georgia prison warden was suable under the Eighth Amendment and Title II of the Americans with Disabilities Act (ADA). Plaintiff Tracy Miller is a wheelchair-bound paraplegic …
Article • December 15, 2005 • from PLN December, 2005
Fourth Circuit Holds Claims Value Relevant to Frivolous Determination by The Fourth Circuit Court of Appeals held that a district court may consider the value of the prisoner's claim when determining whether to dismiss it as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i), the in forma pauperis statute. Federal prisoner Paul …
Seventh Circuit Reverses Dismissal of BOP Medical Neglect Case; by District Court Abused Discretion in Denying Counsel The Seventh Circuit Court of Appeals reversed a lower court's denial of the appointment of counsel to a prisoner. The court also vacated the grant of summary judgment to prison officials on medical …
NY DOC Agrees to Comply with A.D.A. by The New York City Department of Corrections (NYDOC) on Rikers Island has entered into a voluntary compliance agreement that requires it to comply with the American with Disabilities Act (ADA). A NYDOC prisoner filed a complaint with the United States Attorney for …
Article • October 15, 2005
Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful N by Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful New Parole Hearings by John E. Dannenberg The Ohio State Court of Appeals, Tenth Appellate District, ruled that …
Article • October 15, 2005
Order Requiring Plan For Compliance With JJDPA Non-appealable by The United States Court of Appeals for the Eighth Circuit dismissed an appeal by Iowa state officials challenging a district court's order requiring officials to devise and submit for approval a plan for achieving compliance with the Juvenile Justice and Delinquency …
Wilson v. Hampton County, SC, Amended Complaint, Protection against Danger, 2005 IN THE UNITED STATES DISTRICT COURT THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION Civil Action No. 9:05-1777-PMD Brenda Wilson, Plaintiff ) ) ) v. ) Hampton County, ) Tonda Smith, Felsiha Mixson ) Illlya Odom, Diane Jamison ) Individually …
Article • September 15, 2005 • from PLN September, 2005
Confiscation of "New Afrikan" Literature May Violate First Amendment by Confiscation of "New Afrikan" Literature May Violate First Amendment The Second Circuit Court o Appeals reversed a New York district court's dismissal of a prisoner's complaint alleging violation of his rights under a Religious Land Use and Institutionalized Persons Act …
Bailey v. MN DOC, MN, Order awarding atty fees, ASL interpreter sex offender treatment disabled prisoner, 2005
Article • August 15, 2005 • from PLN August, 2005
RLUIPA Upheld by U.S. Supreme Court by by John E. Dannenberg A unanimous United States Supreme Court held that § 3 of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §2000cc-1(a) (1-2), which proscribes the government from imposing a substantial burden on the religious exercise …
California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted summary judgment and entered a permanent injunction (PI) against the …
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