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Article • May 1, 2024 • from PLN May, 2024
Fourth Circuit Reinstates HRDC’s RICO Claim Against Securus and ViaPath by On June 4, 2023, a request for a rehearing en banc before the entire U.S. Court of Appeals for the Fourth Circuit was denied in a suit accusing prison telecom providers Securus Technologies and Global Tel*Link (GTL)—now known as …
Brief • June 29, 2020
Albert, et al. v. Global Tel*Link Corp., Securus Technologies, 3Cinteractive Corp., MD, class action complaint, prison phone calls, 2020 Case 8:20-cv-01936-PWG Document 1 Filed 06/29/20 Page 1 of 122 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ASHLEY ALBERT, PO Box 52 Nashua, NH 03061 CIVIL ACTION NO. 8:20-CV-1936 …
Article • August 15, 2010 • from PLN August, 2010
Aryan Warriors Prison Gang Prosecuted in Nevada by Gary Hunter Nevada prison officials recently had to come to grips with two stark realities. First, for decades their correctional facilities have been a haven for gang-related crime and brutality, and second, the state’s own corrupt prison guards played a role in …
Firing of Abusive Texas Prison Guards Upheld by The plaintiff correctional officers were fired for misconduct in connection with a use of force. After acquittal in their criminal trials, the prison system refused to restore their jobs. They claimed that the prison system had suppressed exculpatory evidence. Their claims are …
Article • May 15, 2007
Prisoner Stated Civil Rights Claim but not RICO Claim by The U.S. Ninth Circuit Court of Appeals vacated part of a California federal district court's dismissal of a prisoner's civil right action, holding that the prisoner failed to state a claim under the Racketeer Influenced and Corrupt Organization (RICO) Act, …
Article • May 15, 2007
Notice Required When Converting Dismissal Motion into Summary Judgment by The United States Court of Appeals for the Third Circuit ruled that district courts must properly notice parties of their intent to convert motions to dismiss into motions for summary judgment. Four former Montgomery County, PA employees filed separate civil …
Article • May 15, 2007
Heightened Security Measures For Indicted Prison Gang Member Warranted by A U.S. district court held that heightened security measures placed on an alleged prison gang member were warranted. While a Utah state prisoner, Miguel Flores was indicted for a number of violations of the Racketeer influenced and Corrupt Organizations Act …
Article • May 15, 2007
Expert Witness Can Change Opinion At Any Time by The court allows a supplementary report by plaintiffs' expert in a RICO case based on misrepresentations about the effects of tobacco "to accommodate the scientific process seeking truth" (486) even though it was submitted during the trial only a few days …
Article • May 15, 2007
Supreme Court Restricts RICO Act's Application Against Protestors by The United States Supreme Court, in a decision with potentially far- reaching consequences for protestors, held that abortion services providers cannot use the Racketeer Influenced and Corrupt Organization (RICO) Act, 18 U.S.C. §§1962(a), (c), and (d), the Hobbs' Act, 18 U.S.C. …
Parole Condition Barring Contact With Religious Sect Upheld by The plaintiff, Yahweh ben Yahweh, was directed to have no direct or indirect contact with members of the Nation of Yahweh ("Black Hebrews") without approval by his parole officer upon his mandatory release on his RICO conviction for involvement in activities …
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 …
Article • August 15, 2004 • from PLN August, 2004
Filed under: PLRA, Filing Fees (PLRA), RICO
PLRA Indigency Provision Inapplicable When Filing Fee Paid by The Eleventh Circuit Court of Ap-peals held the In Forma Pauperis (IFP) provision of the Prison Litigation Reform Act (PLRA) cannot be used to dismiss a case when the plaintiff pays the filing fee. Thomas R. Farese, a federal prisoner, filed …
Article • December 15, 2003
Filed under: PLRA, Filing Fees (PLRA), RICO
PLRA Indigency Provision Inapplicable When Filing Fee Paid by The Eleventh Circuit Court of Appeals held the in forma pauperis (IFP) provision of the Prison Litigation Reform Act (PLRA) cannot be used to dismiss a case when the plaintiff pays the filing fee. Thomas R. Farese, a federal prisoner, filed …
Article • June 15, 1994 • from PLN June, 1994
RICO Expanded by Supreme Court by Ray Luc Levasseur On January 24, 1994 the U.S. Supreme Court unanimously ruled that the Racketeering Influenced Corrupt Organizations (RICO) law does not require proof of economic motive, National Organization of Women, et. al. v. Joseph Scheidler, et. al. The court's decision clears the …
Article • June 15, 1994 • from PLN June, 1994
UNICOR Sued for Illegal Sales by UNICOR Sued For Illegal Sales Joe Mohwish, a federal prisoner at FCI Jesup in Georgia, has filed suit against UNICOR claiming that they are competing against private industry by selling prisoner made clothing to private companies. UNICOR is prohibited by statute from competing against …
Prison Slavery Upheld, Again by Ed Mead By Ed Mead Prisoners in various Minnesota correctional facilities filed a class action suit in an effort to secure minimum wages for the work they performed in the many prison industries. The industries in question produce items such as furniture, truck and auto …
Elements of Jail RICO Suit Explained by Billy Joe Ashe is a Montgomery County, Texas, prisoner. He filed suit claiming that in retaliation for filing suit against members of the Sheriff's Department he and his co-plaintiff, and their prisoner witnesses, were subjected to a frightening pattern of physical violence and …
Article • November 15, 1992 • from PLN November, 1992
BOP Prisoners Must Exhaust Administrative Remedies by PLN recently reported the U.S. Supreme Court decision in McCarthy v. Madigan , 503 US ___, 112 S.Ct. 1081 (1992), which held that federal prisoners did not have to exhaust administrative remedies (the grievance system) prior to filing suit in federal court. In …