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Article • December 15, 2004 • from PLN December, 2004
International Red Cross Suspects U.S. Hiding Foreign Detainees by The International Red Cross (IRC) said on July 13, 2004, that it suspects the United States is hiding foreign detainees in prisons throughout the world. According to Antonella Notari, spokeswoman for the International Committee of the Red Cross, terror suspects that …
Article • December 15, 2004 • from PLN December, 2004
Arrestee Cannot Be Charged With Bringing Drugs Into Jail by The Ohio Second District Court of Appeals has held that an arrestee cannot be charged with knowingly conveying drugs onto the grounds of a detention facility. Stephen Sowry was arrested on charges of disorderly conduct and resisting arrest. A pat-down …
Article • December 15, 2004 • from PLN December, 2004
Filed under: News, News in Brief
News in Brief by News in Brief: Arizona: In April, 2004, Department of Corrections employee Paul Lamprill was fired after using his state supplied DOC computer to send more than 8,000 e mails to campaign on behalf of former Arizona DOC director Terry Stewart who was running for president of …
Seventh Circuit Invalidates Wisconsin News Clippings Ban by The Seventh Circuit Court of Appeals held that a prison ban on clippings and photocopies of clippings from newspapers and magazines violates the First Amendment right of prisoners to receive and exchange information. The court also held, however, that the district court's …
Article • December 15, 2004 • from PLN December, 2004
Prisoner Lawsuits Not Subject to Heightened Pleading Standard in Seventh Circuit by The Seventh Circuit Court of Appeals held that a prisoner's complaint need only state the prisoner's legal claim together with some indication of the time and place: detailed facts need not be supplied. Brian K. Thomson, an Illinois …
Article • December 15, 2004 • from PLN December, 2004
Jury's $108,000 Verdict in New York Prisoner's Medical Claim Vacated by The Second Circuit Court of Appeal has affirmed a district court's order setting aside a jury's verdict of $108,000 in a prisoner's lawsuit alleging deliberate indifference to his serious medical needs. New York prisoner Juan Hernandez sustained multiple gunshot …
Article • December 15, 2004 • from PLN December, 2004
Oklahoma Family Buries Wrong Man by An Oklahoma couple got a real shock upon returning home from a family funeral. They received a call from their son, Kevin Wyckoff, whom they believed they had just buried. "Hey Dad," Kevin, 23, said in his call from the Lexington Assessment and Reception …
A Death in Custody: Massachusetts DOC Wracked by Scandal by Peter Costanza On August 23, 2003, the 26 men in Unit J-1 at SBCC, a "supermax" prison in Shirley, Massachusetts, were finishing lunch. It was just before noon. There was one guard in the unit, a prison guard named David …
Article • November 15, 2004 • from PLN November, 2004
Filed under: Editorials, Organizing
From the Editor by Paul Wright As this issue of PLN goes to press the 2004 presidential election is over. Regardless of who won, the need for PLN and the news and work we do will remain and undoubtedly increase given that both major party presidential candidates promise more repression …
$15 Million Class Settlement In Sacramento Jail Strip-Search Suits by The Sacramento California Sheriff's Department agreed to a record $15 million settlement on June 4, 2004 to resolve federal and state lawsuits for damages and injunctive relief regarding illegal strip-search practices at the Sacramento County Jail. The suits stemmed from …
Article • November 15, 2004 • from PLN November, 2004
Filed under: Sentencing, Habeas Corpus
Habeas Hints by Kent Russell This column is intended to provide "habeas hints" to prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs …
Prisons, Profits and Prophets by Bill Berkowitz The nation's largest private prison corporation is joining forces with conservative faith-based ministries by Bill Berkowitz In an era where the Bush Administration touts faith-based organizations as engines of individual and social transformation, and is actively recruiting and funding religious organizations to deliver …
Article • November 15, 2004 • from PLN November, 2004
Michigan Prison Art Project by Buzz Alexander 176 original plays created by prisoners in 18 Michigan prisons, another 107 in 4 juvenile facilities. 39 readings of original work in the prisons, 16 in the juvenile facilities, 40 anthologies. 9 Annual Exhibitions of Art by Michigan Prisoners: in the most recent, …
Indiana Jail Held in Contempt, Sanctions Imposed by An Indiana federal district court held that the sheriff of Marion County was in contempt of court for failing to comply with the court's previous orders relating to conditions at the County's jail. While the court held that punitive sanctions would not …
Article • November 15, 2004 • from PLN November, 2004
Filed under: Money/Property, Interest
California Prisoner Trust Account Interest Recoverable Only Upon Proof Of Individual Loss by The Ninth Circuit U.S. Court of Appeals held that prisoners have nothing to recover in a claim for interest on their common trust account when the state's costs to administer the account exceed the interest generated, but …
Article • November 15, 2004 • from PLN November, 2004
Last Chance For Washington Prisoners To Request Postconviction DNA Testing is December 31, 2004 by Washington state prisoners who believe DNA evidence may prove their innocence must file a request for postconviction DNA testing by December 31, 2004. Starting January 1, 2005, a defendant must raise DNA issues at trial …
Article • November 15, 2004 • from PLN November, 2004
Washington Police Kill Unarmed Escapee in Botched Raid; Prisoner Also Killed by Michael Rigby Washington Police Kill Unarmed Escapee In Botched Raid; Prisoner also Killed By Michael Rigby One day after he used a fake gun to escape from a courthouse in Tacoma, Washington, a "three-strikes" prisoner was killed by …
Cowboy Justice: BOP Guards Convicted by Alan Pendergast by Alan Prendergast The seven men sat around the defense table Tuesday afternoon, June 24, 2003, murmuring quietly to each other and exchanging hearty good-luck handshakes with their attorneys. The tension was thick, anticipation high. Shortly after 4 p.m., the jurors filed …
Article • November 15, 2004 • from PLN November, 2004
PLRA Fee Cap Upheld, Applied to Parole Case; Allows Fees-on-Fee Award by David Reutter The Eleventh Circuit Court held the attorney fee cap of the Prison Litigation Reform Act (PLRA) applies to parole cases and is constitutional and allows a fees-on-fees award. Georgia prisoner Coleman Jackson filed a joint motion …
Article • November 15, 2004 • from PLN November, 2004
Fifth Circuit Affirms Termination of Guajardo (Texas Prison Mail) Suit by By Matthew T. Clarke On March 16, 2004, the Fifth Circuit issued a per curiam opinion affirming the district court's termination of the 20-year-old consent decree which had regulated prisoner mail in the Texas Department of Criminal Justice (TDCJ). …
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