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Article • September 15, 1993 • from PLN September, 1993
Placing Con in Cell with Dying PWA Doesn't State Claim by Woodrow Johnson is a federal prisoner confined at FCI Talladega, Alabama. The suit was instituted pro se pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674, Bivens v. Six Unknown Named Agents , 403 U.S. 388, …
Article • September 15, 1993 • from PLN September, 1993
Prisoners as Workers: Court Defines Applicability of FLSA by Ed Mead By Ed Mead Court Defines Applicability of Fair Labor Standards Act Many years have passed since the era of liberal court rulings in the field of prisoners' rights. These ground-breaking decisions were handed down in the wake of a …
Article • August 15, 1993 • from PLN August, 1993
Federal Tort Claims Act Requires Exhaustion by William McNeil was a federal prisoner who was without counsel when he filed his suit under the Federal Tort Claims Act (FTCA). The complaint sought money damages arising from his alleged injury by the U.S. Public Health Service. McNeil submitted a claim for …
US Marshals Liable for Beating by Fred Sandoval is a federal prisoner. While being transported to a court hearing the Marshals Service placed him in a private jail run by the Wackenhut corporation, contracted to the US government. A Wackenhut guard antagonized another prisoner who, thinking Sandoval was the culprit, …
Article • July 15, 1993 • from PLN July, 1993
Dismissal not Appropriate for Unintentional Delay by David Sterling is a BOP prisoner. He filed suit under the Federal Tort Claims Act (FTCA) in district court in California claiming prison officials at Leavenworth, Kansas, negligently prescribed medication which caused him severe stomach and auditory pain. After he filed suit he …
Equal Protection for Handicapped Explained by Wheelchair bound prisoners at the Iowa State Penitentiary (ISP) filed suit concerning denial of physical access and programming because of their disability. The parties settled most of the problems in a consent decree. The one issue not settled was prison officials' refusal to provide …
Article • June 15, 1993 • from PLN June, 1993
BOP Can Deny Halfway House Placement by William Lyle is a Bureau of Prisons (BOP) prisoner serving a sentence for firearms and explosives violations. At his pre-release classification review his unit team recommended Lyle be placed in a halfway house for 60 days to ease his reentry into the community. …
Article • February 15, 1993 • from PLN February, 1993
APA Partially Applicable to Arizona's DOC by Arizona's Administrative Procedures Act (APA) exempts the Department of Corrections in the formulation of policies that concern only inmates. Brad Wilkinson, a convict at the Tucson Prison Echo Unit, was denied a visit with a religious leader. This was done pursuant to a …
BOP Agency for APA Purposes by Garvin White was a federal prisoner at Leavanworth who was accused of attempting to escape and was transferred to Marion. At Marion he was infracted for the attempted escape. The hearing officer did not render a verdict until 4 months after White's arrival at …
Article • November 15, 1992 • from PLN November, 1992
BOP Prisoners Must Exhaust Administrative Remedies by PLN recently reported the U.S. Supreme Court decision in McCarthy v. Madigan , 503 US ___, 112 S.Ct. 1081 (1992), which held that federal prisoners did not have to exhaust administrative remedies (the grievance system) prior to filing suit in federal court. In …
Cons Entitled to Minimum Wage by Adrian Lomax By Adrian Lomax In an encouraging decision, the 9th Circuit U.S. Court of Appeals has ruled that prisoners employed by the industry program in Arizona state prisons must be paid minimum wage. Arizona prisoners are required by statute to "engage in hard …
Interstate Compact Does Not Create Liberty Interest by Fred Pletka was an Iowa prisoner in disciplinary confinement at the Iowa State Penitentiary when he was transferred to Texas under the interstate corrections compact. Shortly after arriving in Texas Pletka was released into the general prison population. Later, when he was …
Article • January 15, 1992 • from PLN January, 1992
Prison Homophobia Challenged by A prisoner in a state prison filed a federal civil rights lawsuit complaining that he was removed from his job as a prison bakery worker because he is a homosexual. The federal trial court, in determining whether the prisoner should be allowed to proceed with his …
Article • January 15, 1992 • from PLN January, 1992
HIV-Positive Cons Win Partial Victory by In a significant victory for prisoners who have been tested positive for the Human Immunodeficiency Virus (HIV), the virus that causes AIDS, the U.S. Court of Appeals for the Eleventh Circuit reversed a lower court order in a case that had challenged the prisoners' …
Article • January 15, 1992 • from PLN January, 1992
Federal Prisoner Gets Medical Records by A federal prisoner filed a request for his medical records under the U.S. Privacy Act, 5 U.S.C. 552a. The Bureau of Prisons (BOP), released 56 pages of the prisoner's medical file, but withheld the remaining 66 pages of files, which contained the evaluations and …
No Minimum Wages for Convicts by No Minimum Wages For Convicts Prisoners are not entitled to minimum wages or overtime pay, according to a federal appeals court. Prisoners who worked in the plasma program operated by a private company (Cutter Biological) on prison grounds sued, asserting that they were covered …
Article • September 15, 1991 • from PLN September, 1991
Prisoners Are Entitled to Recovery For Underpayment of Wages by Mark Cook Prisoners Are Entitled To Recovery For Underpayment Of Wages By Mark Cook, Leavenworth, Kansas There are over one Million prisoners in the United States, yet we are not counted as part of the US statistical labor force. It …
Women Prisoners Entitled to Equal Education by Women Prisoners Entitled To Equal Education Glover v. Johnson, 934 F.2d 703 (6th Cir. 1991) is a class action suit originally filed in 1978 by female Michigan state prisoners claiming violation of their right to equal protection because they were not provided with …
Article • June 15, 1991 • from PLN June, 1991
Medical Care by A former federal prisoner with diabetes was awarded $500,000 for failure to prison medical staff to provide proper diagnosis and treatment of foot infection which let to below-the-knee amputation of his right leg. The prisoner brought suit against the U.S. pursuant to the Federal Tort Claims Act, …
Baraldini v. Messe, DC, Superseding Memo Opinion, Violating Amendment Rights, 1988 691 F.Supp. 432 (1988) Silvia BARALDINI, et al., Plaintiffs, v. Edwin MEESE, Attorney General of the United States of America, et al., Defendants. Civ. A. No. 88-0764. United States District Court, District of Columbia. July 19, 1988. 433 *433 …
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