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Article • April 15, 2003 • from PLN April, 2003
California Approves Forced DNA Extractions by California's Governor Gray Davis authorized the use of force to take DNA samples from state prisoners, when he signed Senate Bill 1242 into law on Sept. 17, 2002. Existing California Penal Code §§ 296, 296.1 and 296.2 codify the requirement and procedure for taking …
Forced DNA Sampling of California Prisoners Upheld by The California Court of Appeals upheld the California Department of Corrections (CDC) procedure of forcibly collecting blood and saliva DNA samples from prisoners convicted of specified violent crimes, including capital murder. Rejecting the privacy claims of eight women on Death Row, the …
Murder, Mayhem, Corruption and Snitches: BOP Florence Exposed by Bob Williams Located in the gently rolling hills of Southern Colorado, dotted with juniper, poplar and cedar trees, Florence is a quiet, small town that was once a prison town without a prison. At just over 5,000 town residents, Florence shares …
Article • April 15, 2003 • from PLN April, 2003
Arizona Guards Continue to Rape Prisoners by Michael Rigby Two guards at Arizona's Perryville prison are facing numerous charges, substantiated by internal investigations, of sexual misconduct with prisoners. Derrick Renard Allen was indicted in late April 2002 by a state grand jury on 8 counts of sexual assault and 2 …
New Jersey Jail Guards Awarded $1.2 Million Following Retaliation for Protesting Jail Conditions by On April 10, 2002, a federal jury in New Jersey awarded four Atlantic County Jail guards $300,000 each for retaliation taken against them after they publicly protested unsafe jail conditions. In May, 1997, Edward Clopp, Noriss …
California Guards Convicted of Arranging Prison Beatings, New Conspiracy Accusations Leveled by by Marvin Mentor On May 15, 2002, a federal criminal jury convicted two Pelican Bay State Prison (CA) guards of violating the civil rights of eight prisoners whom they conspired to have beaten and stabbed - two fatally; …
Article • April 15, 2003 • from PLN April, 2003
Filed under: Sentencing, Parole
Georgia Parole Board's "90% Policy" Ruled Ex Post Facto by Georgia Parole Board's "90% Policy" Ruled Ex Post Facto by John E. Dannenberg The United States District Court (N.D. Ga.) held that the retroactive application by the Georgia Board of Pardons and Paroles ("Board") of its 1998 policy revision requiring …
Article • April 15, 2003 • from PLN April, 2003
$400,000 Jury Award in Illinois Ruptured Appendix Suit by In April, 2002, a federal jury in East St. Louis, Illinois, awarded $400,000 in damages to former prisoner David Sherrod, finding that Illinois Department of Corrections medical staff had shown deliberate indifference to his medical needs by failing to treat a …
PLRA Requires More Than De Minimus Physical Injury by The Ninth Circuit Court of Appeals has held that 42 U.S.C. §1997e(e) requires a prisoner demonstrate more than de minimus physical injury to receive compensatory damages for mental and emotional claims. Pre-trial detainee Eric Oliver filed a civil rights action alleging …
Property Use Versus Non-Use Texas Tort Claim Standard Explained in Medical Death Claim by by Matthew T. Clarke The Texas Supreme Court (TSC) has held that using pain medication to fatally mask meningitis symptoms was not a "use" of tangible state property within the meaning of the Texas Tort Claims …
Idaho Free Speech Claim Reinstated, Voluntary Dismissal Clarified by The Ninth Circuit Court of Appeals held that factual issues precluded summary judgment on a prisoner's free speech claim and that dismissal with prejudice of his remaining claims was an abuse of discretion. Idaho prison regulations require prisoners to shave daily. …
State Tolling Statute Applied in § 1983 Action by John E Dannenberg by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals held that an underlying state tolling statute applied to a state prisoner's 42 USC § 1983 civil rights complaint, thus giving him time to complete his administrative …
Article • April 15, 2003 • from PLN April, 2003
Warden, Security Director Liable for Iowa Guard's Sexual Assault of Prisoner, $45K Verdict Upheld by Affirming the judgments of the United States District Court for the Southern District of Iowa, the Eighth Circuit Court of Appeals upheld the jury verdict and the denial of post-trial motions in a case awarding …
Article • April 15, 2003 • from PLN April, 2003
Filed under: Reviews, Court Access, Judiciary
Book Review: Law and the Rise of Capitalism by Peter Wagner by Michael E. Tigar & Madeleine R. Levy, New (2000) Edition by Michael E. Tigar, Monthly Review Press, 348 pages, $18.00 Review by Peter Wagner Famed litigator and scholar Michael Tigar has reissued his 1977 classic Law and the …
Article • March 15, 2003 • from PLN October, 2004
U.S. Torture: A Sordid History Of Official And Systematic Abuse by G. Flint Taylor by G . Flint Taylor The brutal and sadistic torture by U.S. military prison guards, military intelligence officers, and CIA interrogators which is being revealed daily in the mainstream media has brought protestations from President Bush, …
Article • March 15, 2003 • from PLN October, 2004
Filed under: Organizing, Voting
Florida's Rush to Disenfranchise Felons Before the 2004 Election by David Reutter By David M. Reutter After George W. Bush won Florida by 537 votes in the 2000 election, an uproar arose when it was learned that election supervisors, using a list compiled by an Atlanta firm, had mistakenly identified …
Article • March 15, 2003 • from PLN October, 2004
Filed under: Organizing, Voting
Restoration of Voting Rights in Washington by Julya Hampton by Nancy Talner and Julya Hampton Are you registered to vote for the upcoming Presidential election? Even if you have a prior felony conviction, you may be eligible to register to vote in Washington. This article explains how ex-felons can get …
Article • March 15, 2003 • from PLN October, 2004
Seventh Circuit Allows Sanctions for Frivolous Habeas Corpus Petitions by The Seventh Circuit has sanctioned two prisoners for filing frivolous habeas corpus actions under 28 U.S.C. § 2256 complaining about prison conditions. Jerry Montgomery and Larriante Sumbry are Indiana state prisoners with "long histories of filing frivolous lawsuits" which resulted …
Article • March 15, 2003 • from PLN October, 2004
Georgia DOC to Provide Court Access With Computers, Legal Software by Georgia DOC To Provide Court Access With Computers, Legal Software The Georgia Department of Corrections (DOC) is changing the way it affords prisoners access to courts. Out are the six lawyers who provided prisoners with free legal assistance. In …
Article • March 15, 2003 • from PLN March, 2003
Filed under: Reviews, Work, Prison Industries
Gender and Incarceration: How Men and Women Experience Life Behind Bars by Silja JA Talvi Gender and Incarceration: How Men and Women Experience Life Behind Bars Reviews by Silja J.A. Talvi Prison Masculinities, edited by Don Sabo, Terry A. Kupers, and Willie London. Temple University Press, Philadelphia: 2001. Counseling Female …
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