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Article • November 15, 2002 • from PLN November, 2002
Bureau of Justice Statistics Analyzes Parole Trends by The Bureau of Justice Statistics has issued a report analyzing changes in parole and the resulting effects. The report compared the two types of parole releases (discretionary and mandatory) and their effects on parole populations in the United States. Discretionary parole is …
Article • November 15, 2002 • from PLN November, 2002
No Fundamental Right to Fee Waiver for Civil Rights Action by No Fundamental Right to Fee Waiver for Civil Rights Actions The Court of Appeals for the Eighth Circuit has upheld the PLRA's three strikes rule, and overturned a case which found that rule unconstitutional. The opinion in this case …
Article • November 15, 2002 • from PLN November, 2002
Virginia Sheriff Investigated for Misuse of Prisoner Funds by Lonnie Burton When prisoners at the Richmond, Virginia jail buy goods from the inmate store, the profits were supposed to be used for the benefit of the prisoners. Instead, an investigation has revealed that Richmond's sheriff, Michelle B. Mitchell, has been …
Article • November 15, 2002 • from PLN November, 2002
Escapes Plague Texas Jails by Gary Hunter A rash of escapes have plagued Texas jails over the past year. On January 28, 2002, four prisoners used a homemade knife to overpower two guards and force their way out of Montague County jail near the Texas/Oklahoma border. The four were eventually …
Article • November 15, 2002 • from PLN November, 2002
Pennsylvania Jail Settles Retaliation Suit for $10,000 by In April, 2000, the Schuylkill County Prison in Pennsylvania, paid $10,000.00 to settle a law suit filed by pro se prisoner, Michael Andrew Spina. Spina complained that he was retaliated against by jail officials and other staff for filing a previous law …
Article • November 15, 2002 • from PLN November, 2002
Filed under: Civil Procedure, Costs
PLRA Attorney Fee Cap and Local Cost Recovery Rules Upheld in New York Hepatitis C Case by John E Dannenberg by John E. Dannenberg The U.S. District Court (S.D. N.Y.) upheld the Constitutionality of the Prison Litigation Reform Act's (PLRA) attorney fee cap limitations and applied local rules to cost …
Article • November 15, 2002 • from PLN November, 2002
Ingram v. Scott Reversed: TDCJ-ID in Compliance with Section 501.008 by by Matthew T. Clarke On appeal following remand, a Texas court of appeals has held that the instructions on a grievance form bring TDCJ-ID into compliance with the requirement in section 501.008, Texas Government Code, that the Texas Department …
Settlement Agreement Reached in Wisconsin Supermax Suit by John E Dannenberg by John E. Dannenberg Wisconsin Department of Corrections (DOC) officials settled the 42 USC § 1983 class action civil rights suit brought by seriously mentally ill prisoners housed in the Boscobel, WI Supermax state prison by agreeing not to …
PLRA Attorney Fee Cap Applies to Fees on Fees by John E Dannenberg by John E. Dannenberg In a case of first impression, the Fifth Circuit US Court of Appeals ruled that the Prison Litigation Reform Act (PLRA) fee cap limiting recovery of a prevailing prisoner plaintiff's attorney fees to …
Article • November 15, 2002 • from PLN November, 2002
$32,500 Florida Jail Accident Settlement by On October 30, 2001, the Broward County jail in Ft. Lauderdale, Florida, settled a prisoner's work accident suit for $32,500. Edward Beal, 47, a prisoner at the county jail was assigned to a jail work program at the Dania Beach facility. While cutting trees, …
Article • October 15, 2002 • from PLN October, 2002
Into the Twilight Zone by Mumia Abu-Jamal by Mumia Abu Jamal With the seizure of the person (one can't say "arrest," for the government has announced it has no intention of prosecuting) of the American citizen alleged to have been planning "dirty bomb" strikes against U.S. targets, Abdullah AlMuhajir (formerly …
Article • October 15, 2002 • from PLN October, 2002
Filed under: Editorials, Organizing, Voting
From the Editor by Paul Wright The connection between felon disenfranchisement and mass imprisonment is rarely explored. In this month's cover story we discuss the correlation between the two. In many ways, the more things change the more they remain the same. Today's convicts effectively pad voter numbers when legislative …
Article • October 15, 2002 • from PLN October, 2002
Filed under: Reviews, Resources, Court Access
Represent Yourself in Court: How to Prepare & Try a Winning Case, 3rd Ed. by Sam Rutherford Represent Yourself in Court: How to Prepare & Try a Winning Case, 3rd Ed. By Attorneys Paul Bergman & Sara BermanBarrett, Nolo Press, 2001 (528 pages) Reviewed by Sam Rutherford The third edition …
Supreme Court Upholds Forced Confessions in Kansas Sex Offender Treatment by Bob Williams In a 54 decision, the United States Supreme Court has decided that a convicted sex offender's Fifth Amendment privilege against compulsory selfincrimination is not violated by a treatment program that requires admitting to all past sexual behavior. …
Article • October 15, 2002 • from PLN October, 2002
All Things Censored by Mumia Abu Jamal by Gary Hunter Seven Stories Press, 335 page paperback, $14.95 Review by Gary Hunter For nearly two decades Mumia Abu Jamal has defied the deathgrip of Pennsylvania's death row. For nearly two decades he has revealed secrets that our nation's most powerful leaders …
Article • October 15, 2002 • from PLN October, 2002
Filed under: Mental Health, Suicides
Jailers Liable for Foreseeable Prisoner Suicide by The Supreme Court of Alaska held that a jailer owes its prisoners the duty of reasonable care to protect them from foreseeable harm, including self-inflicted harm. Rudolph Joseph was arrested in Nome, Alaska on. May 11, 1996 and committed to the Anvil Mountain …
Florida Prisoner Dies in CCA Jail by Lonnie Burton On February 26, 2002, the family of a prisoner who died as a result of medical neglect at the privately-run Bay County jail in Florida filed formal notice that they intend to sue the jail, as well as the Bay Medical …
Article • October 15, 2002 • from PLN October, 2002
Ohio Nearly Closes 100 Year Old Asylum/Prison by Gary Hunter In April 2002, state budget cuts threatened to force the closure of Orient Correctional Institution near Columbus Ohio. Orient originally opened as a mental asylum in 1902 and was converted to a prison in 1984. The closing would have relocated …
Georgia Lawmaker Indicted for Aiding Prisoner Transfer by Lonnie Burton On January 8, 2002, a Fulton County, Georgia grand jury indicted state senator Van Streat on four counts of violation of oath of office and one count of making a false statement. Both charges stemmed from Streat's alleged involvement in …
Article • October 15, 2002 • from PLN October, 2002
Filed under: Civil Procedure, Appeals
Oklahoma Rejects Prisoner Mail Box Rule by The Oklahoma State Court of Ap peals held that the "Prisoner Mail Box Rule" is not available to Oklahoma prisoners and that "filing" means when a proper petition is delivered to the proper court. The Tenth Circuit Court of Appeals certified a question …
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