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Article • July 15, 1994 • from PLN July, 1994
Prisoners Denied Right to Vote by Paul Wright By Paul Wright In the May, 1994, issue of PLN we ran an article, "Giving Cons and Ex-Cons The Right to Vote" which outlined a litigation strategy to obtain just such a right. Nine New York state prisoners at the Green Haven …
RFRA Supersedes O'Lone by O'Lone As reported in PLN, Vol. 5, No. 6, the Religious Freedom Restoration Act (RFRA) was signed into law by President Clinton in November, 1993. It forbids government infringement of religious rights and claims. The RFRA is already being applied to prisoner civil rights actions with …
Religious Freedom Restoration Act Passed by Congress has passed, and President Clinton has signed into law, the Religious Freedom Restoration Act of 1993, Public Law 103-141. The new statute was passed without an exemption for prisons and jails requested by law enforcement officials including the Attorney Generals of 26 states …
Article • June 15, 1994 • from PLN June, 1994
RICO Expanded by Supreme Court by Ray Luc Levasseur On January 24, 1994 the U.S. Supreme Court unanimously ruled that the Racketeering Influenced Corrupt Organizations (RICO) law does not require proof of economic motive, National Organization of Women, et. al. v. Joseph Scheidler, et. al. The court's decision clears the …
Article • June 15, 1994 • from PLN June, 1994
UNICOR Sued for Illegal Sales by UNICOR Sued For Illegal Sales Joe Mohwish, a federal prisoner at FCI Jesup in Georgia, has filed suit against UNICOR claiming that they are competing against private industry by selling prisoner made clothing to private companies. UNICOR is prohibited by statute from competing against …
Article • May 15, 1994 • from PLN May, 1994
Prisoners Employed by PIA Seek Minimum Wages by Mark Merin By Mark Merin Prisoners who have worked for the California Prison Industries Authority ("PIA") have filed a lawsuit in the United States District Court in Sacramento to obtain minimum wage for their work (now $4.25 per hour) instead of the …
Article • May 15, 1994 • from PLN May, 1994
Giving Cons and Ex-Cons the Vote by Andrew Shapiro By Andrew Shapiro During Congress's annual open season on criminals, few lawmakers are eager to defend the rights of the accused, let alone the convicted. So it was particularly refreshing this year to see a proposal in an alternative crime bill …
Article • May 15, 1994 • from PLN May, 1994
Accessible Facilities Required for Disabled by In a class action suit, Arizona state prisoners challenged the lack of access for mobility impaired prisoners to bathrooms, showers and cells, delays in receiving medical devices and hearing aids and violations of the Rehabilitation Act. The court found that the Arizona DOC houses …
Jail Sued Under ADA by In 1990 Congress passed the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12134, which prohibits discrimination against the disabled by public services. Readers will note that this law applies to prisons and jails who can be sued for failing to provide disabled prisoners with …
Okay to Disclose Informant's Identity by David Sterling is a federal prisoner. He is also an informant. During the course of disciplinary proceedings against his cellmate, Lawrence Pekoske, Sterling provided information to Bureau of Prisons (BOP) officials under a promise of confidentiality. Pekoske filed a request to examine his prison …
Court Enjoins BOP Phone System by On October 13, 1993, Judge Henry Wilhoit of the U.S. District Court in Kentucky entered a preliminary injunction barring the federal Bureau of Prisons from implementing its Inmate Telephone System (ITS). The case is Washington v. Reno, case number 93-217 and 93-290. Readers should …
Minor Detainees Entitled to Education by Twenty-three school age detainees in the Cook County Jail (Chicago, Illinois) filed suit alleging they were either denied complete access to regular and special educational services during their period of pre-trial detention or received services vastly inferior to those provided non-detainees. The plaintiff prisoners …
Ninth Circuit Upholds Ban on Attorney Contact Visits by This is a class action suit filed by Arizona state prisoners. They sued on two issues. First, they contend that the Arizona DOC's policy and practice of banning all contact visits between prisoners and their attorneys at various prisons violates their …
WI Prisoners Not Entitled to Minimum Wage by In part of the continuing struggle to obtain minimum wages for their labor, five Wisconsin prisoners filed suit under the Fair Labor Standards Act (FLSA) 29 U.S.C. § 201 et seq. The Wisconsin prison industries program, under the name of Badger State …
BOP Must Disclose Program Statement by George Cowsen-El is a federal prisoner at Marion, Illinois. He filed a Freedom of Information Act (FOIA) request with the Bureau of Prisons (BOP) seeking disclosure of BOP program statement 5511.2, which deals with stand up counts. He also sought disclosure, under the Privacy …
Langford v. Bullock, MT, Fifth Amended Complaint, ADA Compliance, 1993 t Langford v. Racicot PC-MT-001-001 1 2 3 4 5 6 7 8 "lark J. Lopez idward I. Koren National Prison Project the American Civil Liberties Jnion Foundation L875 Connecticut Ave., NW Washington, DC 20009 Telephone: 202/234-4830 Edmund F. Sheehy, …
Gender Based Treatment Disparity Violates Equal Protection by Ed Mead If you are a woman and you break the law in Nebraska, and if you are required to serve a prison sentence, you will be sent to the Nebraska Center for Women (NCW). NCW is located in York, a small …
Prison Slavery Upheld, Again by Ed Mead By Ed Mead Prisoners in various Minnesota correctional facilities filed a class action suit in an effort to secure minimum wages for the work they performed in the many prison industries. The industries in question produce items such as furniture, truck and auto …
Elements of Jail RICO Suit Explained by Billy Joe Ashe is a Montgomery County, Texas, prisoner. He filed suit claiming that in retaliation for filing suit against members of the Sheriff's Department he and his co-plaintiff, and their prisoner witnesses, were subjected to a frightening pattern of physical violence and …
BOP Not Liable for Guard Raping Prisoner by Lisa Flechsig was a prisoner at the federal women's prison in Lexington, Kentucky. After undergoing surgery she was taken to a local doctor's office for follow up treatment. BOP guard Bruce Trent was assigned to escort Flechsig to the doctor's office. En …
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