Lawsuit: Appeal Pending
by David M. Reutter
A Florida federal district court has held that PLN has not suffered, and is not currently suffering, a significant First Amendment injury from Florida Department of Corrections (FDOC) rule, policies, or procedures that ban compensation to prisoner writers and caused the impoundment of ...
By David M. Reutter
The Eleventh Circuit Court of Appeals affirmed a Florida District Court's order denying that prisoners' cell temperatures on Florida's death row constitute cruel and unusual punishment. This civil rights action was filed by Jim E. Chandler and William Kelley, prisoners on death row at Union Correctional ...
Florida's Law Libraries Provide Adequate Access to Courts
Under State's Constitution
By David M. Reutter
Florida's First District Court of Appeal has held that Article I, § 21 of the Florida constitution requires the Florida Department of Corrections (FDOC) to provide more affirmative assistance to prisoners in the preparation and ...
On October 14, 2004,the estate of PLN contributing writer James Quigley sued the Vermont Department of Corrections (V.D.O.C.) and several V.D.O.C. employees, alleging their mistreatment of Quigley resulted in his suicide death. Four months later the state settled the suit for $750,000. In previous issues, PLN reported Quigley's death and ...
by David M. Reutter
With budget cuts eliminating its substance abuse programs and most educational programs in its prisons, the State of Florida is turning to religious groups to rehabilitate its prisoners. Since 1995, Florida's prison population has exploded from 62,000 prisoners to its current population of 80,000 which nets ...
by David M. Reutter
The Eleventh Circuit court of Appeals has held that BOP administrative segregation policies create a liberty interest. The Court reversed a Georgia federal district court's order granting prison officials' motion to dismiss under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be ...
by David M. Reutter
As early as 1980, drugstore mogul Jack Eckerd was convinced a private company could provide higher profits to Florida if it ran the state's Prison Industries. After Eckerd's lobbying of the Florida Legislature, that Legislature enacted laws to create Prison Rehabilitative Industries and Diversified Enterprises (PRIDE) ...
by David M. Reutter
The Tenth Circuit Court of Appeals has held that a state driver's license examiner who exercised supervisory control over a prisoner acted as a state actor and can be held liable for raping her. Pamela Smith, a former prisoner of Oklahoma's Tulsa Community Correction Center (TCCC), ...
by David M. Reutter
The Second Circuit Court of Appeals has held that the public and press enjoy a qualified First Amendment right of access to court docket sheets. This case was filed by the Hartford Courant and The Connecticut Law Tribune, challenging the Connecticut state court system's practice of ...
Exculpatory Evidence Must be Disclosed at Prison Disciplinary Hearing
by David M. Reutter
The Seventh Circuit Court of Appeals has held that a prisoner is entitled to receive exculpatory evidence in a prison disciplinary hearing when a liberty interest is implicated. This habeas corpus proceeding was brought by Clyde Piggie, ...
