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Article • March 15, 2003 • from PLN March, 2003
Habeas Corpus Sole Remedy for BOP Sentence Reduction by Michael Bourke was convicted in federal court of possessing a machine gun and a controlled substance. He completed a drug treatment program in prison and then sought a one year reduction in sentence pursuant to 18 U.S.C. § 3621(e)(2)(B). The Bureau …
Hawaii Prison Doctor's Retaliation Judgment Upheld by The Ninth Circuit US Court of Appeals affirmed the USDC (D. Hawaii) judgment [PLN, June 2001: "Prison Doctor Wins $654,471 In Retaliation Suit"] based on First Amendment violations, expressly noting that in such retaliation suits, "mixed-motive" analysis applies regardless of whether the plaintiff …
Prisoner Phone Recordings not Exempt from FOIA Disclosure by Prisoner Phone Recordings Not Exempt From FOIA Disclosure The Court of Appeals for the DC Circuit has held that a prisoner is entitled under the Freedom of Information Act (FOIA) to recordings of his properly monitored phone conversations with his attorney …
Article • March 15, 2003 • from PLN March, 2003
Veteran's Benefits Deposited to Prisoner Trust Account Cannot Be Attached by The Ninth Circuit US Court of Appeals held that veterans benefit funds deposited to a state prisoner's prison trust account could not be attached by prison authorities, even to pay an overdraft they accorded him for dental appliances he …
Article • March 15, 2003 • from PLN March, 2003
North Carolina DOC Supervisor Implicated in Scandal by The Chief of Security for the North Carolina Department of Corrections, Charles K. Stewart, allowed his friend, Oscar "Pappy" Adkins,to bilk the state out of tens of thousands of dollars for training services, alleges an internal audit report completed in June 2002. …
Denial of Reporter's Access to Jail Unconstitutional by An Illinois Federal District Court has granted summary judgment in favor of a reporter denied access to the Cook County Jail. Access to a legal aid program for incarcerated mothers was denied in retaliation for a previously published and unflattering article. Tori …
Article • March 15, 2003 • from PLN March, 2003
Court Must Notice Pro Se Prisoner of Resonse Rights Before Granting Summary Judgment by by John E. Dannenberg The Ninth Circuit US Court of Appeals reversed a district court's grant of defendant's motion for summary judgment because the district judge failed to give fair notice to the pro se prisoner …
Article • March 15, 2003 • from PLN March, 2003
Medical Claim Accrues on Last Date of Treatment Denial by The Seventh Circuit Court of Appeals has held that a prisoner's medical claim accrues on the last date that he was refused treatment and damages could be claimed back to the first date of refusal. Delbert Heard was in the …
Sex, Drugs, and Beatings at Boston Jails by by Matthew T. Clarke A pattern of sexual abuse, bru-tality, drug smuggling, improper guard/prisoner relationships, and other official malfeasance at the jails in Suffolk County, Massachusetts, has raised serious questions about the leadership abilities of Suffolk County Sheriff Richard J. Rouse. Sex, …
Article • February 15, 2003 • from PLN February, 2003
From the Editor by Paul Wright PLN's new book, Prison Nation: The Warehousing of America's Poor is now available for distribution from PLN as well as other bookstores and outlets. Edited by myself and Seattle attorney Tara Herivel, Prison Nation is the first book to systematically examine the connection between …
Article • February 15, 2003 • from PLN February, 2003
Washington Jail Settles Work Release Suit by Lonnie Burton On April 25, 2002, United States District Judge Barbara J. Rothstein approved a settlement agreement reached between the King County Jail in Kent, Washington, and a class of female prisoners who had sued alleging discriminatory practices in relation to access to …
Connecticut Pays $1,850,000 in Deaths of Two Prisoners Transferred to Virginia by John E Dannenberg by John E. Dannenberg The Connecticut Department of Corrections (CDC) settled two claims in March 2002 totaling $1,850,000 for the wrongful deaths of a mentally ill prisoner and a severely diabetic prisoner who were transferred …
U.S. District Court Finds Supermax Placement at Ohio Prison "Atypical and Significant Hardship" by Robert Woodman U.S. District Court Finds Supermax Placement at Ohio Prison "Atypical and Significant Hardship" by Robert Woodman In a ruling believed to be the first of its kind, Judge James Gwin of the United States …
Third Circuit Sets High Standard for Supervisory Liability by by Matthew T. Clarke The court of appeals for the Third Circuit has set a very high standard for proving supervisory liability in a case involving a guard who repeatedly sexually assaulted female juvenile prisoners over the course of several years. …
Ninth Circuit Upholds Sanctions Against Idaho DOC Lawyer; DOC Retaliated for Litigation by by Matthew T. Clarke The Ninth Circuit court of appeals upheld the injunctive relief granted against Idaho Department of Corrections (DOC) officials for retaliating against prisoners who filed grievances or litigation. Sanctions awarded against the defendants' attorney …
Article • February 15, 2003 • from PLN February, 2003
Washington Police Scientists' Work Under Scrutiny by Innocence Project Northwest (IPNW) is undertaking a review of cases in which Washington State Patrol scientists Arnold Melnikoff and Michael Hoover conducted forensic testing or offered expert testimony. It was recently revealed that Melnikoff engaged in scientific fraud during his tenure as the …
Article • February 15, 2003 • from PLN February, 2003
Protecting Your Health and Safety: A Litigation Guide for Inmates by Paul Wright by Robert Toone, Southern Poverty Law Center, 2002, 328 pages Review by Paul Wright The bottom-line for most prisoners is surviving prison. That means staying healthy, getting medical care as needed in a safe environment and not …
Washington Jail Sued Over Conditions by Lonnie Burton On February 25, 2002, a county jail prisoner in Port Hadlock, Washington brought a class action lawsuit against the Jefferson County jail alleging near barbaric jail conditions that include inadequate health care, frigidly cold cells, broken plumbing, flooding, and inadequate clothing and …
System Examined in Death of Washington Prisoner by Angela Galloway By the time the guard helped him, the 32-year-old burglar's eyes and skin glowed yellow. Curled up on his metal bunk at McNeil Island Correctional Center, Phillip Montgomery's lanky, athletic body lay weak from days of pain and vomiting. A …
Article • February 15, 2003 • from PLN February, 2003
Summer Uprisings in Three Southern Jails by As temperatures rose last summer, so did tensions in some southern jails. Guards at the Craighead County jail in Jonesboro, Arkansas, used tear gas and stun guns to regain control of a cell block that housed 27 prisoners. Four prisoners received minor injuries …
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