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Article • October 15, 2001 • from PLN October, 2001
Sixth Circuit Upholds PLRA Attorneys' Fees Cap by The Sixth Circuit Court of Appeals has ruled that the cap on attorneys' fees imposed by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d)(3), does not violate the equal protection provision of the Fifth Amendment to the U.S. Constitution. This …
Article • October 15, 2001 • from PLN October, 2001
Filed under: News, News in Brief
News in Brief by Canada: On July 16, 2001, at least 31 prisoners at the maximum security Atlantic Institution rioted. After ransacking the canteen, breaking through walls and refusing to return to their cells, the protest ended July 19, 2001. Media accounts did not state the cause of the uprising. …
Article • October 15, 2001 • from PLN October, 2001
Malicious Use of Force Violates Eighth Amendment by John E Dannenberg The Third Circuit held that in claims alleging the malicious use of force by prison guards the wantonness of the attack, rather than the degree of injury suffered, is the dispositive issue for courts reviewing such claims on summary …
Damages in Denial of Exercise Suit Reversed by The Seventh Circuit Court of Appeals, in a harshly worded opinion, reversed an Illinois federal district court judgment that a one-year loss of yard privileges suffered by a prisoner in disciplinary segregation was cruel and unusual punishment. Alex Pearson is a prisoner …
Article • October 15, 2001 • from PLN October, 2001
Use of Restraint Chair Not Cruel and Unusual Punishment by The Court of Appeals for the Third Circuit has affirmed a lower court's grant of summary judgment and denial of a motion for judgment as a matter of law on an excessive force claim brought by a convicted prisoner awaiting …
Chinese Company Convicted of Using Forced Prison Labor by On February 28, 2001, Peter Chen, a Taiwanese entrepreneur, pled guilty in a New Jersey federal district court to charges of selling goods in the U.S. which were produced by forced prison labor. Chen will pay a $50,000 fine. Chen owned …
Article • October 15, 2001 • from PLN October, 2001
The Prison Payoff: The Role of Politics & Private Prisons in the Incarceration Boom by by Brigette Sarabi and Edwin Bender The popularity of the term "prison-industrial complex" in recent years, and especially since the groundbreaking Critical Resistance conference in Berkeley in September 1998, has produced a few critics who …
PLN Wins Nevada Censorship Suit by Beginning in January 2000, the Nevada Division of Prisons (DOP) began censoring Prison Legal News in all of its prisons, affecting 21 Nevada prisoners who subscribed to PLN .Prison Legal News was never afforded any notice of the censorship nor given an opportunity to …
Article • October 15, 2001 • from PLN October, 2001
Filed under: Reviews, Court Access
California State Prisoner's Handbook by John E Dannenberg by Steven Fama, et. al. Subtitled a "Comprehensive Practice Manual" for California prisoners, the new 3rd edition of the California State Prisoners Handbook easily lives up to its billing. Covering in detail all aspects of California prisoners' interaction with the "correctional experience" …
Sanction Excessive When It Excludes Medical Expert's Testimony by The Court of Appeals for the Seventh Circuit has held that a discovery sanction is excessive when it causes the dismissal of a prisoner's suit by excluding expert medical testimony. The Court also held that dismissing a claim for failure to …
Article • October 15, 2001 • from PLN October, 2001
Administrative Exhaustion Not Jurisdictional by John E Dannenberg The Eighth Circuit Court of Appeals held that under the Prison Litigation Reform Act of 1996 (PLRA), a federal court is not deprived of jurisdiction to hear a prisoner's civil rights complaint under 42 U.S.C. § 1983 if he has not first …
Article • October 15, 2001 • from PLN October, 2001
Filed under: Civil Procedure, Appeals
Federal Appellate Rule 4(a)(6) Trumps Civil Rule 60(b) by The Tenth Circuit Court of Appeals has ruled that Federal Rule of Appellate Procedure (FRAP) 4(a)(6) trumps Federal Rule of Civil Procedure (FRCP) 60(b). Ernest Clark, a federal prisoner, filed suit in the U.S. District Court of Colorado. Before his case …
Article • September 15, 2001 • from PLN September, 2001
Filed under: News, News in Brief
News in Brief by Brazil: On June 29, 2001, former police colonel Ubiratan Guimaraes, 58, was convicted of killing 102 prisoners in 1992 when he commanded the police takeover of Carandiru Prison after an uprising by prisoners. Officially 111 prisoners were killed in the uprising, including 9 stabbed to death …
Cowboys and Prisoners by Willie Wisely Trumpeted as the pinnacle of high-tech prison architecture when it opened in 1993, the Federal Correctional Complex in Florence, Colorado, contains two lower security facilities, one maximum security prison, and, since 1994, the Clockwork Orange inspired U.S. Penitentiary Administrative Maximum. The steel and concrete …
Article • September 15, 2001 • from PLN September, 2001
Filed under: Organizing
'No More Prisons' Graffiti Gets Public's Attention by Ronald Young It's spreading like wildfire, from New York to Seattle, Chicago to Dallas, and coming soon to an urban setting near you. It's the "NO MORE PRISONS" graffiti movement, a simple form of civil disobedience which requires only a can of …
Alabama Ends Chain Gang Experiment by A federal district court in Alabama has approved a settlement between Alabama state prisoners and the prison system, effectively ending Alabama's flirtation with chain gangs. The court also held that the practice of chaining prisoners to a "hitching post" is unconstitutional, cruel and unusual …
Article • September 15, 2001 • from PLN September, 2001
Filed under: Editorials, Organizing
From the Editor by Paul Wright September, 2001, marks the 30th anniversary of the modern prisoner rights movement in the United States. In September, 1971, prisoners in Attica, New York, rose up to protest horrendous conditions. The uprising occurred after peaceful means of protest had failed and prisoners refused to …
Article • September 15, 2001 • from PLN September, 2001
Racist Knot of Florida Guards by Willie Wisely The fake hunting regulations prominently posted in a Calhoun Correctional Institution colonel's office read, "OPEN SEASON ON PORCH MONKEYS." The daily kill limit was ten according to the sign, Roy Hughes, a black guard, told the St. Petersburg Times December 19, 1999. …
Article • September 15, 2001 • from PLN September, 2001
Virginia Rent-a-Cell Program Expected to Net $100 Million by Virginia Rent-A-Cell Program Expected to Net $100 Million The state of Virginia will pocket an estimated $100 million in 2001 by warehousing out-of-state and federal prisoners for a fee. About 10% of the Virginia jail and prison population is out-of-state or …
$350,000 Verdict in Dirty Dancing Suit; Punitive Damages Vacated by John E Dannenberg AU.S. district court jury in Washington, D.C., awarded female D.C. Jail prisoner Sunday Daskalea $350,000 in compensatory damages and $5 million in punitive damages against the District and the Department of Corrections Director, Margaret Moore, for Daskalea's …
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