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Article • July 15, 2002 • from PLN July, 2002
Illinois Contraband Law Revisited by The Illinois Fifth District Appellate Court has analyzed an amended statute relating to the introduction of contraband. The court held that the amendment mandates a new statutory construction requiring contraband to be actually brought into areas dedicated to prisoner confinement. Pedro Carillo went to visit …
No Qualified Immunity in Illinois Denial of Exercise Claim by The Seventh Circuit Court of Appeals has upheld a Northern District of Illinois Federal District Court decision to deny qualified immunity to prison officials at Stateville Correctional Center (SCC) in Illinois. The underlying case, Delaney v DeTella , 123 F.Supp.2d …
Article • July 15, 2002 • from PLN July, 2002
Interview by One Montana Parole Board Member Violates Due Process by The Montana Supreme Court held that prisoners in that state have a due process and statutory right to personally appear before all Parole Board members who will decide the merits of the prisoner's parole application. Montana prisoner Rodney West …
Article • July 15, 2002 • from PLN July, 2002
Qualified Immunity, Collateral Orders Not Reviewable on Interlocutory Appeal by For want of jurisdiction, the Tenth Circuit Court of Appeals has dismissed the interlocutory appeal of a Bureau of Prisons (BOP) medical director from a district court's denial to the director of summary judgment based on qualified immunity and a …
Religious Discrimination, Unsanitary Food Suit Denied Summary Judgment by The United States District Court for the District of Columbia has partly granted, and mostly denied, the defendants' motions for summary judgment on a District of Columbia (D.C.) prisoner's claims that he was racially discriminated against by the defendants' arbitrary handling …
Article • July 15, 2002 • from PLN July, 2002
Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim by Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim Finding that a guard deliberately labeled a prisoner as a snitch, the Tenth Circuit held the prisoner's Eighth Amendment rights were violated, the prisoner's fear of assault stated an Eighth Amendment …
Article • July 15, 2002 • from PLN July, 2002
Prisoners at Private Federal Prison in California Strike Over Food, Medical Care by Lonnie Burton On November 26, 2001, more than 1,800 prisoners at the Taft Correctional Institution (TCI) refused to report to work in protest of shortcomings in the prison's food and medical care. TCI, a privately run low-security …
Article • July 15, 2002 • from PLN July, 2002
$20,000 Settlement in Montana Jail Strip Search by Eric Lynn agreed to accept a $20,000 out-of-court settlement after complaining that Missoula County policemen violated his civil rights by conducting an improper strip search at the County Detention Center. Lynn, a University of Montana senior, was among a group that protested …
Article • July 15, 2002 • from PLN July, 2002
Resource Directories by The Prisoner's Assistance Directory is a 69-page booklet published by the ACLU's National Prison Project. The Directory gives a 50 state breakdown on legal organizations that represent prisoners in court, prison related publications, activist groups, advocacy and anti death penalty groups and organizations which provide assistance to …
Deputy Causing Loss of Fingertip States Federal and State Claims by by Matthew T. Clarke A federal district court in North Carolina has ruled that a prisoner who lost his fingertip when a deputy slammed a cell door window cover on his finger has stated a proper claim under state …
Article • July 15, 2002 • from PLN July, 2002
Filed under: PLRA, Filing Fees (PLRA)
PLRA Requires Sequential Fee Collection by A Massachusetts federal district court has held that under the Prison Litigation Reform Act (PLRA), indigent prisoners who have filed multiple lawsuits can only be assessed 20% of their total monthly receipts. In other words, the filing fees can only be collected sequentially rather …
Article • July 15, 2002 • from PLN July, 2002
Washington Court of Appeals Adopts Federal "Mailbox Rule" by The federal mailbox rule deems pro se prisoners' pleadings as "filed" at the time they are deposited for mailing in the prison mail system, instead of when they are received by the court clerk. As a matter of first impression, the …
Article • July 15, 2002 • from PLN July, 2002
Frivolous Dismissal Reviewed Under Abuse of Discretion Standard by The court of Appeals for the Eleventh Circuit has held that a district court's dismissal of a prisoner's 42 U.S.C. § 1983 suit for frivolousness is reviewed by the abuse of discretion standard. It also held that the prisoner's litigation history …
Sanction for Lawyers' Exposing Secret Wackenhut Sexual Abuse Settlement Upheld by by Matthew T. Clarke The Court of Appeals for the Fifth Circuit upheld the district court's sanctions against the prisoners' lawyers in a suit against Wackenhut Corrections Corporation (WCC) after the lawyers revealed the terms of a secret settlement …
Article • July 15, 2002 • from PLN July, 2002
Colorado Parole Board Member Busted for Child Porn by The Colorado Bureau of Investigation (CBI) and the Custer County (Colorado) sheriff launched an investigation in early December, 2001, into allegations that Larry Schwarz, a former Colorado Congressman and parole board member, dealt child pornography out of his home. Schwarz was …
Article • July 15, 2002 • from PLN July, 2002
Catalyst Theory Guts Fee Award in Texas Parole Case by The court of appeals for the Fifth circuit vacated an award of $471,946 in attorney fees in a Texas parole suit finding that a recent supreme court ruling precluded attorney fee awards under the catalyst theory. Texas prisoners filed a …
Article • June 15, 2002 • from PLN June, 2002
Collateral Damage: The Children of Prisoners by Tom Lowenstein Carlos Kelly was six years old when, in December of 1991, his mother, Caridad, was arrested by federal agents in Florida for conspiracy to distribute cocaine. "I remember it was, like, me and my stepbrothers and sisters, we was all gathered …
Article • June 15, 2002 • from PLN June, 2002
Oregon Bulk Mail Ban Struck Down Again by The Ninth Circuit Court of Appeals held that a rule of the Oregon Department of Corrections (ODOC) prohibiting prisoners from receiving bulk rate, third and fourth-class mail, is unconstitutional, as applied to pre-paid, for-profit, subscription publications. The Court also held that a …
Article • June 15, 2002 • from PLN June, 2002
From the Editor by Paul Wright This month's cover story examines the effects of mass imprisonment on the children of prisoners. All too often it is forgotten that prisoners have family members and the impact of penal policies on these families is largely ignored. Just as "family values" has served …
Article • June 15, 2002 • from PLN June, 2002
Prisoner Killed in California Prison by Michael Rigby On the morning of Sept. 29, 2001, after his very first night in prison, Gary Avila was found dead in his cell, apparently strangled by his cellmate. Inside the cell Paul Posada paced nervously and muttered to himself. "Yeah, I did it," …
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