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Department of Corrections

Robins Kaplan LLP

The Robins Kaplan Justice Report - Vol. 18, No. 1

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Robins Kaplan Secures Historic $12.2 Million Settlement in a Section 1983 Jail Deliberate Indifference Case - Scott County Jail officials failed to report detained man’s injuries and allowed video evidence to be deleted. ...more

Rumberger | Kirk

First DCA Permits Law Enforcement Agencies to Prohibit Sworn Officers from Using Medical Marijuana

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The First District Court of Appeal has upheld the termination of a certified correctional officer who tested positive for marijuana metabolites, but who possessed a medical marijuana card.  The ruling clarifies the Florida...more

McGuireWoods Consulting

Gov. Pritzker State of the State and Budget Address Summary

On February 15, 2023, Gov. J.B. Pritzker gave his annual state of the state and fiscal year (FY) 2024 budget address. The FY 2024 budget proposal raises $49.994B in General Funds revenues and spends $49.642B. The Governor’s...more

Bradley Arant Boult Cummings LLP

Is the Boss Right? Seventh Circuit Looks at Employer Judgment on ADA Claim

How far does an employer’s judgment about essential functions take you? In Larry Tate v. Thomas Dart, the Seventh Circuit examined an employee’s claim that his employer’s refusal to promote him because it could not...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Arkansas Department of...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ’) and the Arkansas Department of Corrections (“ADC”) entered into a July 22nd Consent Administrative Order (“CAO”) addressing alleged...more

Proskauer - Law and the Workplace

7th Circuit Reverses Denial of Class Certification for Disparate Impact Subclasses

On January 6, 2022, the Seventh Circuit Court of Appeals held that the U.S. District Court for the Northern District of Illinois erred in denying class certification to putative subclasses of unsuccessful Black job applicants...more

Bass, Berry & Sims PLC

Tennessee COVID-19 Special Session Wraps

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At 1:35 a.m. on October 30, the Tennessee General Assembly adjourned its COVID-19-focused extraordinary session. Out of over 80 bills filed, only a handful passed both chambers. Despite that low figure, the effects are...more

Perkins Coie

Fintech Legal Report - October 2021 #2

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CFPB Initiates Inquiry into Big Tech Payment Platforms - On October 21, 2021, the Consumer Financial Protection Bureau (CFPB) ordered six large technology companies—Google, Apple, Facebook, Amazon, Square, and PayPal—to...more

Carlton Fields

Inherently Transitory Exception to Save Transgender Inmate Putative Class?

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Mootness, as one of the big three justiciability requirements, is a jurisdictional requirement on which judges do not normally postpone adjudication. But in a recent putative class action of transgender inmates, the D.C....more

Proskauer - Proskauer For Good

Pro Bono Spotlight: Ameelio.org - Bridging Financial Barriers for Incarcerated Individuals Trying to Stay in Touch with Loved Ones

Staying in touch with loved ones has become more important today than ever before. While technology offers many ways to stay in contact, incarcerated individuals face barriers to communication. Several prisons have paused...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Drinking Water Enforcement: Tennessee Department of Environment and Conservation and Department of Correction Hickman County...

The Tennessee Department of Environment and Conservation (“TDEC”) and Tennessee Department of Correction (“Correction”) entered into a December 7th Consent Order and Assessment (“Consent Order”) addressing alleged violations...more

Franczek P.C.

New Binding Opinion on Scope of FOIA for Third Parties and Proprietary Information

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In a rare binding opinion, the Illinois Attorney General’s Public Access Counselor (PAC) opined that certain information in the sole possession of a vendor that had contracted with the Illinois Department of Corrections...more

Pierce Atwood LLP

COVID-19: Maine Governor Janet Mills Extends State of Emergency (UPDATED)

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On Wednesday, June 10, 2020, Governor Janet Mills issued a proclamation extending Maine’s state of civil emergency through July 10, 2020. This is the third proclamation renewing the state of civil emergency....more

Greenbaum, Rowe, Smith & Davis LLP

Public Officials and Courts Acknowledge COVID-19 Risks for Incarcerated Individuals; Prisoners Seek Bail, Compassionate Release,...

The density of prison environments, lack of access to adequate healthcare, and other considerations are placing prisoners at particularly high risk for contracting and spreading the COVID-19 virus. On March 22, 2020, New...more

Proskauer - Law and the Workplace

OSHA Issues Guidance Limiting Recordkeeping Requirements of COVID-19 Cases for Certain Employers

On April 10, 2020, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance clarifying certain employers’ recording requirements regarding cases of COVID-19.  Under the new guidance,...more

Greenbaum, Rowe, Smith & Davis LLP

Governor Murphy Signs Executive Order 124 Releasing Certain Low-Level State Prison Inmates to Curtail Spread of COVID-19

In a follow-up to measures taken by the New Jersey Supreme Court last month when it released low-level county jail inmates, on April 10, 2020 New Jersey Governor Phil Murphy signed Executive Order 124, which creates a process...more

Haight Brown & Bonesteel LLP

WCAB Declares Intent to Invalidate Administrative Director’s Jurisdiction to Adjudicate SJDV

On January 13, 2020, the Workers’ Compensation Appeals Board (WCAB or Board) issued an en banc affirmation of its July 31, 2018 Opinion and Decision After Reconsideration and gave the California Administrative Director of the...more

Payne & Fears

Key California Employment Law Cases: December 2019

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This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more

Lewitt Hackman

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

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People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more

Perkins Coie

Agency Inaction Is Not a CEQA Project

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An agency’s failure to maintain a historic building—“demolition by neglect”—is not a “project” subject to CEQA. Lake Norconian Club Foundation v. California Department of Corrections and Rehabilitation, No. A154917 (First...more

Bradley Arant Boult Cummings LLP

Ninth Circuit to Decide Transgender Inmate’s Right to Sex-Reassignment Surgery; First and Fifth Circuits Have Rejected Similar...

Prison healthcare litigation has been on the rise throughout the country. Private healthcare providers for state prison systems are often caught up in class actions or complex injunctive-relief litigation targeting both the...more

Franczek P.C.

February FOIA Roundup

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February was a busy month for decisions about the Illinois Freedom of Information Act (“FOIA” or the “Act”). ...more

Holland & Knight LLP

Lack of Statutory Private Right of Action is No Bar to Privacy Suit

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HIPAA and several other privacy laws do not include a private right of action. This is cold comfort for healthcare providers, health plans and other members of the healthcare industry if a patient is able to demonstrate that...more

White and Williams LLP

Delaware Court Rejects Contract Liability Theory in Medical Negligence Case

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In Sipple v. Connections Community Support Programs, Inc., the Delaware Superior Court rejected a breach of contract claim filed by a former prison inmate who claimed that he received substandard medical care while...more

McNees Wallace & Nurick LLC

Is the Inability to Perform the Required Duties of the Job Just Cause for a Public Employee’s Discharge? It Depends. (PART I)

In November 2017, the Commonwealth Court of Pennsylvania issued an opinion concerning an arbitrator’s reinstatement of a state correctional officer (“CO”). The CO was responsible for monitoring inmates who worked on the...more

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