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MI Hearing Officer Fired for Following Law by The Sixth Circuit Court of Appeals held that fact issues existed as to whether a major misconduct decision maker employed by the Michigan Department of Corrections (MDOC) was retaliated against and fired, for failing to maintain a 90% misconduct conviction rate and …
Private Citizen Liable for Jail Slavery Under §1983 by Private Citizen Liable for Jail Slavery Under §1983 A federal district court in Georgia held that a private citizen who exercises authority over a county prisoner can be held liable under 42 U.S.C. §1983 as a state actor. Lamar County, Georgia …
$586,000 to Settle KY Jail Strip Search Suit by On January 25, 2000, Jefferson County, Kentucky, announced it would pay $586,000 to 31 people strip searched after being booked into the Jefferson county jail on minor traffic offenses in 1993. Previously, PLN reported that Jefferson County had paid $11.5 million …
Article • November 15, 2000 • from PLN November, 2000
$12,000 Awarded in NY Slip and Fall by On July 15, 1999, the New York court of claims awarded pro se New York state prisoner Hamilton Thompson $12,000 for past pain and suffering. In 1996, while imprisoned at the Oneida Correctional Facility, Thompson slipped and fell in a puddle of …
NY School-Age Prisoners Entitled to Educational Services by New York City school-age prisoners were granted declaratory judgment establishing defendants' liability for failure to provide adequate general and special educational services to class members at the Rikers Island facility. Plaintiffs in this class action § 1983 suit are 16- to 21-year-old …
Article • November 15, 2000 • from PLN November, 2000
County Jail Time Returned to CO Lifers by The Colorado Supreme Court has held that prisoners sentenced to life imprisonment are entitled to presentence confinement (PSC) credits for the time they spent in the county jail before sentencing. Until 1977, life sentences in Colorado were a minimum of ten years …
Detainee's Excessive Force Claim Requires Trial by The Federal District Court for the Southern District of New York denies dispositive motion to dismiss excessive force and religious discrimination retaliation claims brought against Putnam County Jail Sheriff and two guards by pretrial detainee Kareem Ali. Ali alleged that while he was …
Male NJ Guard's Sexual Harassment Suit Settled for $425,000 by On December 6, 1999, the New Jersey Department of Corrections agreed to pay $425,000 to Mid State Correctional Facility employee Thomas Ferri, 55, to settle his sexual harassment suit against the prison. Ferri, an internal affairs investigator at the prison, …
Article • November 15, 2000 • from PLN November, 2000
Filed under: Work, Prison Industries
Slave Labor Supplanting Welfare State by Ronald Young By Ronald Young Texas has a history rooted in the Southern antebellum traditions of religion and slavery. One of the cornerstones of Texas governor and presidential hopeful George W. Bush's "compassionate conservatism" is what he calls faith-based social programs. Bush is of …
Article • November 15, 2000 • from PLN November, 2000
Texas Prisons Heat Up As Parole Hopes Fade by Ronald Young By Ronal Young The summer continued to heat up in the Texas prison system even before the season officially began. On May 5, 2000, guards at the Stiles prison near Beaumont overpowered an armed male prisoner after he briefly …
Disabled Prisoner Survives Summary Judgment by A federal district court in Kansas held that jail officials were not entitled to qualified immunity with respect to their treatment of a double amputee prisoner, and denied defendant's motion for summary judgment on all claims. Tracy Schmidt, without both legs below the knees, …
Article • November 15, 2000 • from PLN November, 2000
Without Running Water by A A Without running Water By David M. Reutter PLN previously reported that Florida's Martin Correctional Institution (MCI) had been evacuated as a result of bad water. [See PLN, May, 2000: Bad Water Causes Florida Prison Evacuation.] That report was based solely upon media reports that …
Discipline for Correspondence Containing Legal Advice Vacated; US S.Ct. Grants Review by The Ninth Circuit Court of Appeals held that punishment imposed upon a prisoner law clerk for sending a letter containing legal advice to another prisoner was an exaggerated response, which violated the law clerk's First Amendment rights. While …
Article • November 15, 2000 • from PLN November, 2000
$78,000 Damages and Fees Awarded in KS Kosher Diet Suit by A federal district court in Kansas awarded a prisoner $30,622 in attorneys' fees and $1,200 in costs and expenses. The court held, however, that the Prison Litigation Reform Act (PLRA), required the court to apply 25 percent of plaintiff's …
Article • October 15, 2000 • from PLN October, 2000
Filed under: News, News in Brief
News in Brief by Belgium: On July 10, 2000, Bertrand Sassoye, a political prisoner of the Combatant Communist Cells (CCC), was released after serving 14 years in prison. Sassoye had been convicted of participating in dozens of bombings carried out by the CCC against NATO and capitalist targets in Belgium. …
Article • October 15, 2000 • from PLN October, 2000
Filed under: Work, Prison Industries
The Penal System and the U.S. Labor Market by Bruce Western Bruce Western, Princeton University Kathy Beckett, Indiana University The low rate of US. unemployment contrasts strikingly with very high levels of joblessness in Europe. Official statistics show that U.S. unemployment is now around 4% while European unemployment is over …
Article • October 15, 2000 • from PLN October, 2000
Massachusetts Prisoners' Political Action Committee Floundering by Massachusetts prisoners were set back in their electoral efforts when the formation of a political action committee (PAC) inside the walls of the Massachusetts Correctional Institution was banned by executive order of Republican Governor Paul Cellucci. Guards confiscated the prisoners' political materials and …
Article • October 15, 2000 • from PLN October, 2000
Filed under: Organizing, Voting
NH Supreme Court Overturns Prisoner Voting Rights by Ronald Young By Ronald Young As previously reported in PLN, New Hampshire state prisoner David J. Fischer successfully litigated the right of New Hampshire prisoners to cast absentee ballots in local, state, and federal elections. Fischer alleged that legislation prohibiting felons from …
Article • October 15, 2000 • from PLN October, 2000
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Statute of Limitations by Kent Russell By Kent Russell This column is intended to provide "habeas hints" for prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA - the …
Ohio Prison Food Contract Sparks Controversy by In 1998 senior officials of the Ohio Department of Rehabilitation and Correction (DORC) were convinced that outsourcing prison food service would be the next great leap forward for Ohio penology. So they bid out a contract for private firms to provide food service …
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