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Prison Legal News: January, 1997

Issue PDF
Volume 8, Number 1

In this issue:

  1. Second Circuit Rejects Prison FLSA Claim, Modifies Standard (p 1)
  2. Washington Pork Refuses to Be Trimmed: Guard Towers Stay (p 3)
  3. New Prisoner Resource Guide Available (p 3)
  4. From the Editor (p 4)
  5. Law Against Love (p 4)
  6. From the Inside Looking Out (p 5)
  7. From the Editor (p 5)
  8. DiIulio's Crime Solution (p 6)
  9. Prison Time vs. Crime Rate Study (p 6)
  10. Ninth Circuit Rules on Washington ADA Suit (p 7)
  11. PLRA Fees Don't Apply to Released Prisoners (p 8)
  12. Seventh Circuit Defines and Applies PLRA and AEDPA (p 8)
  13. NY Jail Consent Decrees Vacated under PLRA (p 8)
  14. Beating Damages Affirmed; PLRA Not Retroactive on Vacated Attorney Fees (p 9)
  15. Seventh Circuit Applies PLRA to Federal Prisoners (p 9)
  16. Center for Advocacy of Human Rights Update (p 9)
  17. Virginia Hawks Parolees' Names (p 10)
  18. No Qualified Immunity for Private Prisons; Supreme Court Grants Review (p 11)
  19. Habeas Corpus Study (p 12)
  20. Prisoner Litigation in the US Courts (p 12)
  21. Publications of Interest (p 12)
  22. Washington Religious Name Retaliation Suit Settled (p 13)
  23. Call Recipient's Rights Not Violated in Phone Taping (p 13)
  24. County Liable for Trustee's Work; No Remedy for Illegal Detention (p 14)
  25. News in Brief (p 15)
  26. Washington Prisoner May Have Right to Attend Paternity Hearing (p 30)
  27. New York Sex Offender Registration Enjoined (p 30)

Second Circuit Rejects Prison FLSA Claim, Modifies Standard

[Editor's Note: The following article is the first of a three part series on prison slave labor. The other two articles will appear in the next two issues of PLN.]

The court of appeals for the second circuit held that the federal Fair Labor Standards Act (FLSA), 29 U ...

Washington Pork Refuses to Be Trimmed: Guard Towers Stay

In the August and November, 1995, issues of PLN we reported the passage of House Bill (HB) 2010 and the DOC's 1996-97 budget by the Washington state legislature. Among HB 2010's provisions were instructions for the DOC to study the use of electrical perimeter fences to replace guard ...

New Prisoner Resource Guide Available

The Prisoner Rights Union of California has released its 72 page 1996-98 resource guide. While aimed at California prisoners (it lists the addresses of all prisons, legislators, courts, public defenders, etc., in the state) the guide contains numerous sections of interest to prisoners and activists on a national level. This ...

From the Editor

Welcome to PLN's eighth year of publication. We're proud that we have published longer than any other independent prisoner publication we know of. You should be proud, too. You're the ones who have made it possible. Recently we conducted an "Emergency Relief" direct mail fundraiser. Many of ...

Law Against Love

For several years now, MOVE political prisoner Chuck Africa, has had to do battle with Pennsylvania prison officials to obtain the most fundamental of human rights -- the right to visit with his wife, May 13th, 1985 bombing survivor and ex-political prisoner, Ramona Africa.

Chuck, a veteran of the August 8th ...

From the Inside Looking Out

The late Malcom Forbes once said it was "more fun to arrive at a conclusion than to justify it." Brookings Institute senior fellow Dr. John J. DiIulio has certainly arrived at a conclusion, but his justifications range from questionable to outright hog wash. On closer examination, the reality of the ...

From the Editor

by Dan Pens

Welcome to PLN's eighth year of publication. We're proud that we have published longer than any other independent prisoner publication we know of. You should be proud, too. You're the ones who have made it possible. Recently we conducted an "Emergency Relief" direct mail ...

DiIulio's Crime Solution

Like a party clown twisting balloons into cute animal shapes, John J. DiIulio Jr. twists facts, myths, and statistics into fantastical logical conclusions.

DiIulio is professor of politics and public affairs at Princeton University. He is also a media-darling of the lock-em-up, conservative right. Professor DiIulio insists that imprisonment is ...

Prison Time vs. Crime Rate Study

According to a study in August 1995, by researchers at the University of California at Berkeley, putting more people in state prisons has had little effect on California's crime rate. In only two categories of criminal activity analyzed in the study -- robbery and larceny -- did the crime rate appear ...

Ninth Circuit Rules on Washington ADA Suit

[Editor's Note: Leonard Feldman is the Seattle attorney representing the plaintiff in the case discussed below.]

Sean Duffy, the plaintiff in Duffy v. Riveland, 1996 WL 583384 (9th Cir. October 11, 1996), is a prisoner at the Washington State Reformatory in Monroe, Washington. Sean also is hearing-impaired. Although Sean ...

PLRA Fees Don't Apply to Released Prisoners

The court of appeals for the second circuit held that the provisions of the Prison Litigation Reform Act (PLRA) requiring payment of filing fees do not apply if the prisoner is released after filing suit. Clarence McGann, a New York state prisoner, sued over the denial of social security benefits ...

Seventh Circuit Defines and Applies PLRA and AEDPA

In five consolidated appeals the seventh circuit held that for purposes of the Prison Litigation Reform Act (PLRA) neither habeas corpus petitions nor petitions for mandamus in criminal proceedings constitute "prisoner litigation" and thus do not require payment of filing fees by indigent litigants. The court also held that prisoners ...

NY Jail Consent Decrees Vacated under PLRA

A federal district court in New York upheld the constitutionality of the Prison Litigation Reform Act (PLRA) and terminated a series of consent decrees in seven cases that governed conditions at Rikers Island and several other New York City jails. Readers should note that the judge in this case, Harold ...

Beating Damages Affirmed; PLRA Not Retroactive on Vacated Attorney Fees

The court of appeals for the seventh circuit affirmed a jury verdict awarding damages to two prisoners who were beaten by prison guards and then denied medical care for their injuries for nearly two days. The court held that guards who beat prisoners have a duty to secure medical care ...

Seventh Circuit Applies PLRA to Federal Prisoners

In five consolidated appeals the court of appeals for the seventh circuit applied the Prison Litigation Reform Act (PLRA) to actions brought by federal prisoners. The court held that this ruling, together with Martin v. United States, 96 F.3d 853 (7th Cir. 1996) and Abdul Wadood v. Nathan, 91 ...

Center for Advocacy of Human Rights Update

Much has happened in recent months and I thought you should hear firsthand that The Center for Advocacy of Human Rights (CAHR) is in the process of being dissolved. For one thing, Little Rock Reed and I have gone our separate ways. Although he has indicated to me that he ...

Virginia Hawks Parolees' Names

Beginning in July 1996, the Virginia Department of Corrections (DOC) began publishing what has so far proven to be a hot seller: lists of parolees' names, address, offenses, sex and race. The parolee lists costs $5 per zip code. Bargain hunters, however, can purchase a parolee list covering the entire ...

No Qualified Immunity for Private Prisons; Supreme Court Grants Review

The court of appeals for the sixth circuit held that guards employed by private, for profit prisons are not entitled to qualified immunity from suit. This is the first circuit court ruling to squarely address whether private prisons are entitled to qualified immunity. Until now only district courts had ruled ...

Habeas Corpus Study

Review by Jon Marc Taylor

A recent discussion paper published by the Bureau of Justice Statistics reports the results of the National Center for State Courts analysis into the processing of federal habeas corpus petitions. The study encompassed 18 Federal district courts located in 9 selected states (Alabama, California, Indiana ...

Prisoner Litigation in the US Courts

This is a 311 page book by federal District of Columbia district court judge Charles Richey. The book is aimed primarily at federal court judges who must deal with pro se prisoner litigation. It also gives an excellent explanation of procedural and constitutional issues to prisoners who file suit in ...

Publications of Interest

Punch and Jurists is a six page weekly newsletter which reports federal criminal rulings of significance. Aimed at defense attorneys and criminal practitioners, Punch and Jurists puts the latest court rulings into the overall context of ever diminishing rights for defendants. Well written and comprehensive, this newsletter is an excellent ...

Washington Religious Name Retaliation Suit Settled

In the July, 1996 and August, 1994, issues of PLN we reported Malik v. Brown, 71 F.3d 724 (9th Cir. 1995) and 16 F.3d 330 (9th Cir. 1994), in which Washington state prisoner, and PLN supporter, Dawud Malik was punished by prison officials for using his legally changed ...

Call Recipient's Rights Not Violated in Phone Taping

The court of appeals for the second circuit held that the rights of the free person accepting a collect call from a prisoner are not violated when the calls are taped and monitored by law enforcement officials. It also held prisoners consent to the taping of their calls if they ...

County Liable for Trustee's Work; No Remedy for Illegal Detention

The court of appeals for the fifth circuit held that a county was properly liable where it did not reimburse a jail detainee for work he performed on public property. The court also held that a pretrial detainee's work as a trusty does not violate the thirteenth amendment when ...

News in Brief

CA: In the August, 1996, issue of PLN we reported the March 29, 1996, rebellion by immigrant detainees at the navy brig at the Miramar Naval Air Station in San Diego. The government stated that the rebellion, sixteen days after the jail opened, will cost at least $4 million and ...

Washington Prisoner May Have Right to Attend Paternity Hearing

The Washington state court of appeals for Division II held that a county trial court erred when it did not consider a prisoner's motion to be allowed to attend a paternity hearing. Argie Dorsey was incarcerated when he was served with a paternity suit by the state seeking back ...

New York Sex Offender Registration Enjoined

A federal district court in New York held that a state law allowing public notification of sex offenders released from prison violates the ex post facto rights of those offenders convicted before the law was passed. Since 1990 at least 46 states, starting with Washington, have passed laws requiring sex ...