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Emergency Cancellation of Attorney Visits Subject to Court Oversight by David Reutter by David M. Reutter On March 20, 2020, the Second Circuit Court of Appeals reversed the dismissal of a lawsuit challenging the cancellation of lawyer-client visits at the Metropolitan Detention Center-Brooklyn (MDC). The court urged a quick resolution …
Article • November 16, 2015
Protestor’s First Amendment Rights Violated by Federal Agency’s Unusual Enforcement of Plaza’s Business Hours by Protestor’s First Amendment Rights Violated by Federal Agency’s Unusual Enforcement of Plaza’s Business Hours The U.S. District Court for the District of Oregon granted summary judgment in favor of the protestors, holding that a federal …
Article • June 6, 2014 • from PLN June, 2014
California’s Lethal Injection Protocol Deemed Invalid by State Court by Michael Brodheim California’s Lethal Injection Protocol Deemed Invalid by State Court by Michael Brodheim In May 2013, a California appeals court invalidated regulations promulgated by the California Department of Corrections and Rehabilitation (CDCR) regarding the manner in which the state …
Article • June 5, 2014 • from PLN June, 2014
U.S. Citizens without Remedy in Military Torture Case by Derek Gilna U.S. Citizens without Remedy in Military Torture Case by Derek Gilna In an 8 to 3 decision, the en banc Seventh Circuit Court of Appeals reversed a ruling by Illinois U.S. District Court Judge Wayne Anderson, as well as …
Eighth Circuit Initially Allows Non-Delegation Challenge to SORNA, then Reverses Course by Derek Gilna Another challenge to the federal Sex Offender Registration and Notification Act (SORNA) initially met with limited success, but ultimately failed. Lindon Roy Knutson pleaded guilty to failing to register as a sex offender under SORNA stemming …
Ninth Circuit Upholds BOP Boot Camp Termination by The Ninth Circuit Court of Appeals held that the federal Bureau of Prisons (BOP) did not violate the Administrative Procedures Act (APA) or a prisoner’s constitutional rights when it terminated its boot camp program. Congress passed a law in 1990, authorizing BOP …
Oregon Parole Board’s Notice-of-Rights Form Violates APA by On June 6, 2012, the Oregon Court of Appeals agreed that a notice-of-rights form (NOR) used by the Oregon Board of Parole and Post-Prison Supervision (Board) constitutes a rule. Since the NOR was not adopted in accordance with the rulemaking procedures of …
Ninth Circuit Holds BOP Individual RDAP Determinations Not Subject to Judicial Review by Individualized decisions related to the federal Bureau of Prisons’ (BOP) Residential Drug Abuse Program (RDAP) are not subject to judicial review under the Administrative Procedure Act (APA), the U.S. Court of Appeals for the Ninth Circuit has …
D.C. District Court Partially Dismisses Lawsuit by BOP CMU Prisoners by A lawsuit filed on behalf of prisoners held in Communication Management Units (CMUs) at federal prisons in Terre Haute, Indiana and Marion, Illinois, which alleged violations of their Constitutional rights due to placement in the CMUs, as well as …
Third Circuit Upholds BOP Early Rule against APA Challenge by On October 26, 2009, the U.S. Court of Appeals for the Third Circuit joined the Eighth Circuit in holding that the Bureau of Prisons (BOP) did not violate the Administrative Procedure Act (APA) in categorically excluding certain offenders from early …
Federal BOP’s Exclusions from Early Release Incentive for Substance Abuse Program Completion Struck Down by by Stephen G. Yagman The U.S. Ninth Circuit Court of Appeals has invalidated the federal Bureau of Prisons’ (BOP) policy statement, 28 C.F.R. § 550.58(a)(1)(iv)(2000), see 65 Fed.Reg. 80745-01 (Dec. 22, 2000), that denies prisoners …
Article • January 15, 2011 • from PLN January, 2011
California: Validity of Parole Board’s Psych Evaluation Procedures for Lifers Questioned by Michael Brodheim The process by which California’s Board of Parole Hearings (BPH) administers psychological evaluations to parole-eligible prisoners serving life sentences has been questioned by the state Senate and also was the subject of a recent ruling by …
Arkansas Supreme Court Upholds Changes to Death Penalty Procedures by Frank Williams, Jr., an Arkansas Death Row prisoner, filed a complaint for declaratory judgment in state circuit court, alleging that the Arkansas Department of Corrections (DOC) administrative directive (AD) 08-28 setting forth execution procedures was adopted in violation of the …
Inmate Communication Rules and Regulations, Federal Register, 2010 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for Veterinary Medicine (HFV–110), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240–276–8337, email: melanie.berson@fda.hhs.gov. Orion …
Ninth Circuit Strikes Down BOP Rule Limiting Early Release for RDAP Participants by Brandon Sample Following its recent decision in Arrington v. Daniels, 516 F.3d 1106 (9th Cir. 2008) [PLN, June 2009, p.44], the U.S. Court of Appeals for the Ninth Circuit struck down another federal Bureau of Prisons (BOP) …
Attorney General’s SORNA Regulations Violate APA; Law Cannot be Applied to Offenders Convicted Before Its Enactment by The Sexual Offenders Registration and Notification Act (SORNA) may not be applied to offenders who were convicted of sex offenses before the statute’s enactment, the U.S. Court of Appeals for the Sixth Circuit …
Ninth Circuit Rejects Retroactive Award of Attorney’s Fees under Open Government Act by On July 8, 2009, the U.S. Court of Appeals for the Ninth Circuit affirmed in part and reversed in part an award of attorney’s fees in a Freedom of Information Act (FOIA) and Administrative Procedure Act (APA) …
Ninth Circuit Strikes Down BOP Regulation Precluding Early Release for Prisoners Who Complete Drug Treatment by Brandon Sample Ninth Circuit Strikes Down BOP Regulation Precluding Early Release for Prisoners Who Complete Drug Treatment by Brandon Sample The U.S. Court of Appeals for the Ninth Circuit held that the federal Bureau …
Pennsylvania Private Prison Construction Halted For Environmental Assessment by The Pennsylvania based Citizens Advisory Committee on Private Prisons, Inc. (CACOPP), filed a complaint against the Federal Bureau of Prisons (BOP) for bypassing environmental and administrative policies in the contracting of a private prison's construction. The construction was halted pending the …
Royer v. Jett, IN, Complaint and Jury Demand, Communications Management Unit, 2009 Case 2:09-cv-00025-WTL-DML Document 1 Filed 01/21/09 Page 1 of 22 PageID #: 1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA Terre Haute Division RANDALL TODD ROYER, SEIFULLAH CHAPMAN, and SABRI BENKAHLA, Plaintiffs,1 B.R. JETT, PAUL …
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