Privacy.U.S. Appeals Court ATTORNEY-CLIENT COMMUNICATION Benjamin v. Fraser 264 F.3d 175 (2nd Cir. 2001). A city corrections department moved for immediate termination of consent decrees requiring judicial supervision over restrictive housing, inmate correspondence, and law libraries at city jails, pursuant to 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 (PLRA PLRA Partido Liberal Radical Autentico (Paraguay) PLRA Prison Litigation Reform Act of 1995 ). The district court vacated the decrees and pretrial pre·tri·al n. A proceeding held before an official trial, especially to clarify points of law and facts. adj. 1. Of or relating to a pretrial. 2. detainees appealed. The appeals court affirmed in part, reversed in part, and remanded. On remand the district court granted the motion in part and denied it in part and the city appealed. The appeals affirmed. The appeals court held that the detainees were not required to show actual injury when they challenged regulations that allegedly adversely affected their Sixth Amendment right to counsel by impeding attorney visitation. The appeals court concluded that there was a continuing need for prospective relief with respect to the detainees' right to counsel, and the relief granted by the district court satisfied the requirements of PLRA. The court found that detainees were experiencing unjustified delays during attorney visitation. The district court required procedures to be established to ensure that attorney visits commenced within a specified time period following arrival at the jail, and the city was instructed to ensure the availability of an adequate number of visiting rooms that provide the requisite degree of privacy. (New York City New York City: see New York, city. New York City City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S. Department of Correction) U.S. District Court PSYCHOLOGICAL SERVICES Swan v U.S., 159 F.Supp.2d 1174 (N.D.Cal. 2001). A federal prison inmate brought an action against the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. and a prison staff psychologist alleging they failed to prevent an attack by another inmate, in violation of his Eighth Amendment rights. The district court granted summary judgment for the defendants. The court held that the psychologist did not act with deliberate indifference to the inmate's safety and was under no legal duty to disclose the inmate's confidential communications CONFIDENTIAL COMMUNICATIONS, evidence. Whatever is communicated professedly by a client to his counsel, solicitor, or attorney, is considered as a confidential communication. 2. regarding a possible risk of harm from other inmates, or to pursue, on the inmate's behalf, protection that would have required disclosure of the inmate's counseling session statements. The inmate claimed that he provided information prior to the attack to the psychologist, who should have acted to prevent it. (Federal Corrections Institute, Dublin, California Dublin is a city in Alameda County, California, United States. The population was 29,973 at the 2000 census. Dublin is home to the headquarters of Sybase, Inc. Government The city government is headed by a mayor. ) |
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