Liability.

• Position: Brief Article

U.S. District Court

PRELIMINARY INJUNCTION

A.A. v. New Jersey 176 F.Supp.2d 274 (D.N.J. 2001). Convicted sex offenders challenged the constitutionality of a New Jersey constitutional provision and the Internet Registry Act amendment to the state's "Megan's Law" statute, that authorized a system for making sex offender registration information publicly available on the Internet. The offenders moved for preliminary injunctive relief and the court granted the motion in part. The court found that the Internet disclosure statute was not punitive in its effects or intent and that the compilation and dissemination of publicly-available information on offenders did not violate their privacy rights. The court noted that the legislature expressly disavowed any intent to inflict additional punishment on offenders and stated that the statute was intended solely for the protection of the public. The legislature prescribed penalties to deter the misuse of information. But the court found that offenders' home addresses were not adequately safeguarded by the Internet disclosure system and the court issued a preliminary injunction limiting disclosure to offenders' county of residence. (New Jersey)

U.S. Appeals Court

FTCA- Federal Tort Claims Act

BIVENS CLAIMS

Alfrey v. U.S. 276 F.3d 557 (9th Cir. 2002). The personal representative of a federal prisoner who was killed by his cellmate brought Federal Tort Claims Act (FTCA) and Biveno actions against the government and corrections officials. The district court dismissed the Bivena claim and granted summary judgment for the defendants based on the discretionary-function exception to FTCA. The appeals court affirmed in part, reversed in part' and remanded. The appeals court held that the plaintiff failed to state a Bivens claim and that the discretionary-function exception barred an FTCA claim based on the officers' response to the report of the cellmate's threat. But the appeals court found that federal correctional officers had a non-discretionary duty to perform a "Central Inmate Monitoring" evaluation of the prisoner, who was to be held at a federal facility pending trial on a federal charge, before assigning the inmate to share a cell with a federal prisoner, precluding summary judgment on the FTCA claim. (Sherida n Federal Correctional Facility, Oregon)

U.S. Appeals Court

PUNITIVE DAMAGES

Lyon v. Vande Krol 270 F.3d 563 (8th Cir. 2001). A prisoner brought a ?? 1983 action against corrections officials...