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Institutionalized Persons

  • Holt v. Hobbs (S. Ct.) - Amicus
    • The lower courts improperly applied the burden of proof in deference to prison officials
    • The record does not support the prison's assertions that Holt's half-inch beard would create an insurmountable administrative burden, problems with identification should he escape, and a place to hide contraband
    • The prison was required, under their burden of proof, to show unique circumstances that would prevent them from accommodating a half-inch beard where most other state prisons and all federal prisons would do so

     
    Document Date 
    Brief as Amicus 05/29/14
  • United States v. Secretary, Florida Department of Corrections (11th Cir.) - Appellee
    • The Court should deny appellants' motion for partial stay of the district court's order, requesting the Court delay the July 1, 2014, deadline the district court set for implementing the RDP statewide and allow a quarterly phase-in of the RDP
    • The district court's order granting the United States' motion for a preliminary injunction should be affirmed
    • The United States had moved for a preliminary injunction seeking an order requiring the appellants to provide kosher meals to all prisoners with a sincere religious belief for keeping kosher and enjoining the implementation of certain aspects of the new religious diet program that the United States asserted violated RLUIPA

     
    Document Date 
    Court of Appeals Order 06/20/14
    Response in Opposition to a Motion for Partial Stay 06/17/14
    Brief as Appellee 05/21/14
  • Sciarrillo v. Christie (3d Cir.) – Amicus
    • The district court correctly dismissed plaintiffs' Title II and Section 504 claims because the plaintiffs do not have a right to contest transfer and the closure of the two state institutions under Title II, Section 504, or Olmstead

     
    Document Date 
    Brief as Amicus 05/12/14
  • United States v. Erie County v. New York Civil Liberties Union (2d Cir.) - Plaintiff-Appellee
    • The district court erred in equating the semiannual compliance reports to settlement negotiation documents

     
    Document Date 
    Court of Appeals Decision, 2014 WL 4056326 08/18/14
    Brief as Plaintiff-Appellee 02/03/14
  • United States v. City of New Orleans (5th Cir.) - Appellee
    • The decree is valid, and that there are no changed circumstances which could justify granting the City's motion to vacate the decree
    • The City knew about the issues it now raises, including the cost of an unrelated settlement to remedy prison conditions and alleged wrongdoing by Sal Perricone, a former Assistant United States Attorney involved in negotiating the police department decree, well before the decree was entered
    • The decree does not violate the Fair Labor Standards Act and that the involvement of Perricone, who resigned before the decree was finalized, did not affect the negotiation of the decree

     
    Document Date 
    Court of Appeals Decision, 731 F.3d 434 09/27/13
    Brief as Appellee 07/11/13
  • Native American Council of Tribes, et al. v. Weber, et al. (8th Cir.) - Amicus
    • Prison officials improperly relied on their own interpretation of plaintiffs' religious tenets in banning tobacco and that the district court appropriately called on them to show they considered less restrictive alternatives before they imposed the tobacco ban
    • The district court correctly relied on other prisons' policies permitting ritual tobacco when it concluded that a total tobacco ban was not the least restrictive means available for controlling contraband and ensuring prison security

     
    Document Date 
    Court of Appeals Decision, 2014 WL 1644130 04/25/14
    Brief as Amicus 06/26/13
  • United States v. Territory of the Virgin Islands (3d Cir.) - Appellee
    • The district court did not abuse its discretion when it denied the motion to intervene on timeliness grounds and because the United States adequately represented the inmates' interests

     
    Document Date 
    Court of Appeals Decision, 2014 WL 1395669 04/11/14
    Brief as Appellee 05/28/13
  • Knight v. Thompson (11th Cir.) - Amicus
    • Alabama failed to meet its burden under RLUIPA of demonstrating that its challenged practice is the least restrictive means of meeting its compelling interests

     
    Document Date 
    Court of Appeals Decision, 723 F.3d 1275 07/26/13
    Brief as Amicus 08/27/12
  • United States v. California (9th Cir.) - Plaintiff-Appellee
    • The district court did not abuse its discretion in denying the motion for intervention on timeliness grounds

     
    Document Date 
    Court of Appeals Decision, 538 F. App'x 759 08/16/13
    Brief as Appellee 06/22/12
  • Benjamin v. Pennsylvania Department of Public Welfare (3d Cir.) – Amicus
    • Properly understood, Olmstead establishes community placement as the default for people for whom community placement is appropriate but who cannot express a preference either for or against community placement
    • The class certified in this case meets the requirements of Rule 23

     
    Document Date 
    Court of Appeals Decision, 701 F.3d 938 12/12/12
    Brief as Amicus 04/05/12
  • Garner v. Kennedy (5th Cir.) - Amicus
    • TDCJ's ban on beards violates Section 3 of RLUIPA because it is not the least restrictive means of advancing the TDCJ's compelling interests in effective and economical prison security

     
    Document Date 
    Brief as Amicus 12/27/11
  • United States v. McCoy and McQueen (6th Cir.) - Appellee
    • The district court correctly rejected defendants' request for joint representation due to conflicts of interest
    • The district court did not abuse its discretion in sentencing

     
    Document Date 
    Court of Appeals Decision 05/08/12
    Brief as Appellee [PDF] 03/17/11
  • Thunderhorse v. Pierce (S. Ct.) – Amicus
    • The Fifth Circuit erred by failing to require that TDCJ explain why the less restrictive practices advocated by Thunderhorse were not feasible, or why the TDCJ’s inconsistent application of the grooming policy did not indicate that less restrictive means were possible
    • Because the courts of appeals, including the Fifth Circuit, have generally correctly applied RLUIPA’s standards, this case does not warrant plenary review, and the Court should therefore either deny the petition or, in the alternative, grant the petition and summarily reverse the Fifth Circuit

     
    Document Date 
    Certiorari denied, 131 S. Ct. 896 01/10/11
    Brief as amicus in response to Court’s invitation 12/01/10
  • Simmons v. Galvin (S. Ct.) – Amicus
    • Given the circumstances of incarceration, Section 2 of the VRA cannot be read to apply to claims brought by currently incarcerated felons
    • A different analysis applies to claims brought by persons who have been released from incarceration, and that Section 2 may apply to such claims
    • The Massachusetts statute does not violate the Ex Post Facto Clause

     
    Document Date 
    Certiorari denied, 131 S. Ct. 412 10/18/10
    Brief as amicus in response to Court’s invitation 09/15/10
  • U.S. v. Puerto Rico (1st Cir.) -- Appellant
    • The court clearly erred in finding the Commonwealth’s efforts reasonably diligent; abused its discretion in failing to consider Puerto Rico’s degree compliance and ability to comply; and erred as a matter of law in concluding that reasonable diligence alone could excuse substantial noncompliance with the stipulated order
    • The automatic stay provision of the PLRA and defendants’ motion to modify the stipulated order did not moot the appeal or render it unripe, and that defendants failed to prove their alleged inability to comply with the court’s order

     
    Document Date 
    Court of Appeals Decision, reported at 642 F.3d 103 05/26/11
    Reply Brief 12/16/10
    Brief as Appellant 08/23/10
  • Oster v. Wagner (9th Cir.) –Amicus
    • Institutionalization is not a prerequisite for asserting an integration claim

     
    Document Date 
    Court of Appeals Order, 504 F. App'x 555 01/07/13
    Brief as Amicus [PDF] 03/02/10
  • United States v. Puerto Rico (1st Cir.) -- Appellee
    • This court lacks jurisdiction over the appeal
    • The district court had authority to delay the automatic stay by 60 days

     
    Document Date 
    Brief as Appellee [PDF] 04/16/07
    Appeal dismissed 05/29/07
  • United States v. Tennessee (6th Cir.) -- Appellant
    • Disregarding rulings that testimony taken solely as a proffer will be subject to cross-examination and rebuttal if later admitted to the record is clear and unequivocal legal error
    • While summary denial of cross-examination is prejudicial per se, prejudice is further demonstrated because the proffered testimony was central to the denial and could have been countered by cross-examination and rebuttal
    • District court did not abuse its discretion in denying the State’s motion because there has not been a change in the governing law sufficient to warrant early termination of the remedial orders in this case

     
    Document Date 
    Court of Appeals Decision, 615 F.3d 646 08/04/10
    Brief as Appellant [PDF] 06/14/04
    Reply Brief [PDF] 09/10/04
    Court of Appeals Decision [PDF], unpublished, 143 Fed. Appx. 656 06/23/05
    Brief as Appellee [PDF] 08/03/09
  • Johnson & United States v. Regier (11th Cir.) -- Appellee
    • Prevailing defendants in CRIPA actions can be awarded fees only when the United States' case is frivolous, unreasonable, or without foundation
    • The district court acted well within its discretion in denying attorney's fees to the State

     
    Document Date 
    Brief as Appellee [PDF] 12/10/02
    Court of Appeals Decision [PDF], reported at 348 F.3d 1334 10/29/03
  • People First v. Tennessee (6th Cir.) -- Appellee
    • District court did not err in denying motion of trade group for private contract providers of community services to intervene because it had no cognizable interest in the litigation

     
    Document Date 
    Brief as Appellee [HTML] [PDF] 04/18/01
    Court of Appeals Decision [PDF], reported at 260 F.3d 587 08/08/01
  • People First v. Clover Bottom Developmental Center (6th Cir.) -- Appellee
    • District court did not err in denying motion of trade group for private contract providers of community services to intervene because it had no cognizable interest in the litigation

     
    Document Date 
    Brief as Appellee [HTML]  [PDF] 06/30/00
    Court of Appeals Decision [PDF], reported at 260 F.3d 587 08/08/01
  • Evans v. Williams (D.C. Cir.) -- Appellee
    • Distinction between civil and criminal comtempt
    • District court did not abuse discretion in imposing civil contempt sanctions on District of Columbia when it failed to comply with remedial orders requiring timely payment of vendors responsible for providing day-to-day care and services to persons no longer served in institutions

     
    Document Date 
    Brief as Appellee [HTML] 11/12/99
    Court of Appeals decision [HTML], reported at 206 F.3d 1292 03/31/00


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