Colton v. Ashcroft.U.S. District Court INJUNCTIVE RELIEF Colton v. Ashcroft, 299 F.Supp.2d 681 (E.D.Ky. 2004). A federal prisoner filed a petition for habeas corpus relief alleging that the federal Bureau of Prison's new regulation, which would delay his release to a halfway house until only ten percent of his sentence remained, violated the notice and comment provisions of the Administrative Procedures Act (APA (All Points Addressable) Refers to an array (bitmapped screen, matrix, etc.) in which all bits or cells can be individually manipulated. APA - Application Portability Architecture ). The district court granted the prisoner's motion for a preliminary injunction. The court held that the Prison Litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. Reform Act's (PLRA PLRA Partido Liberal Radical Autentico (Paraguay) PLRA Prison Litigation Reform Act of 1995 ) exhaustion requirements did not apply to a habeas petition. The court noted that the public interest would be served by the grant of an injunction and that the prisoner would be irreparably harmed in the absence of an injunction. The court ordered the prisoner to be immediately transferred to a halfway house without regard to the new regulation. (FMC-Lexington, Kentucky, Federal Bureau of Prisons Noun 1. Federal Bureau of Prisons - the law enforcement agency of the Justice Department that operates a nationwide system of prisons and detention facilities to incarcerate inmates sentenced to imprisonment for federal crimes BoP ) |
|
||||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion