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Article • May 15, 2000 • from PLN May, 2000
522 Days in BOP Ad Seg States Due Process Claim by A federal district court in New York denied prison officials' motion for summary judgment, holding that defendants failed to establish as a matter of law that 28 C.F.R § 541.22 - the Bureau of Prisons (BOP) administrative segregation (ad …
Transsexual Prisoners Have Privacy Right by The U.S. court of appeals for the Second Circuit held that transsexual and HIV+ prisoners have a privacy right to confidentiality of their prison medical records and physical conditions. However, because this principle was not clearly established law, the defendants were entitled to qualified …
Guard Proclaiming Open Season On Prisoner Actionable by Ronald Young The court of appeals for the Second circuit held that a prisoner, who alleged a guard told the other prisoners that it was "open season" on the prisoner, stated a claim under § 1983 for violation of the prisoner's Eighth …
Article • May 15, 2000 • from PLN May, 2000
Illinois Governor Announces Death Penalty Moratorium by Citing a "shameful record of convicting innocent people and putting them on death row", Illinois governor George Ryan announced a halt to state executions. The January 31 announcement marked the first such moratorium in the U.S. The Nebraska Legislature passed a moratorium on …
FDOC Hazardous to Prisoners' Health by Mark Sherwood by Mark Sherwood and Bob Posey Thirty percent of the 129 doctors who provide medical care to prisoners incarcerated in the Florida Department of Corrections (FDOC) have marks on their records ranging from malpractice to fraud. The FDOC rarely fires or disciplines …
Palestinians Still Imprisoned Despite Peace Process by Inaki Markiegi by Iñaki Markiegi Today Palestinians remain foreigners in their own land. Faced with the apathy of the international community, the nearly two and half million Palestinians living in the Gaza Strip and in the West Bank, the million in the Israeli …
Article • May 15, 2000 • from PLN May, 2000
Texas Death Row Hunger Strike by Scores of death row prisoners in Texas kicked off the new millennium with a planned 21-day hunger strike over intolerable conditions of confinement. As many as 100 death row prisoners as well as hundreds of other ad-seg prisoners participated in the hunger strike, according …
Article • May 15, 2000 • from PLN May, 2000
Transfer Moots Wiccan's Claim by The court of appeals for the Eighth circuit held that a prisoner's transfer to a different prison mooted his religious rights lawsuit. Duane Smith is an Iowa state prisoner of the Wiccan faith. He filed suit seeking declaratory and injunctive relief to the effect that …
International Perspectives on the Death Penalty by Julia Lutsky Review by Julia Lutsky The United States is finding itself increasingly isolated by its intransigence with respect to the death penalty. At a time when the rest of the world is moving toward eradication of this barbaric practice, the United States …
Article • May 15, 2000 • from PLN May, 2000
Claim For Prospective Relief Moot Upon Release by Ronald Young The court of appeals for the Tenth circuit held that when a prisoner's claim for perspective injunctive relief regarding conditions of confinement becomes moot, the prisoner's parole or supervised release status does not, absent some exceptional showing, bring that claim …
Article • May 15, 2000 • from PLN May, 2000
Grievance Procedure Not Required by PLRA in All Lawsuits by The Ninth Circuit court of appeals has held that California state prisoners who seek only monetary damages in federal civil rights suits need not file a prison grievance before filing suit. MacArthur Rumbles, a California state prisoner, filed a civil …
City Liable for Jail Sex Shows and Nude Dancing by PLN has extensively reported on the prevalence of sexual assault and sexual harassment of women prisoners in District of Columbia prisons and jails. In "Our Sisters Keepers," by Daniel Burton Rose, [PLN, Feb. 1999] we reported on women prisoners in …
Heck Does Not Bar Evidence in Shooting Case by Ronald Young The U.S. district court for the East ern District of California held that a prisoner was not precluded from introducing evidence contradicting factual findings of disciplinary proceeding instituted against prisoner as a result of incident. Vincent Marquez, a California …
Absent Plain Error, Objection Necessary to Preserve Issues by The appeals court for the Seventh circuit held that if a pretrial ruling is definitive, objection at trial is not necessary to preserve the issue for appellate review. The court also held that objection to a guard's counsel's references to pretrial …
Article • May 15, 2000 • from PLN May, 2000
$600,000 In GA Medical Neglect Suit by On February 27, 1999, a Baldwin county superior court jury in Georgia awarded prisoner Stephanie Stitt $600,000 in damages in a medical neglect suit against Correctional Medical Systems (CMS). Stitt fell and injured her back while playing volleyball at the Baldwin State Prison. …
Article • May 15, 2000 • from PLN May, 2000
$880,000 In GA Medical Neglect Suit by On February 27, 1999, a Baldwin county superior court jury in Georgia awarded prisoner Stephanie Stitt $600,000 in damages in a medical neglect suit against Correctional Medical Systems (CMS). Stitt fell and injured her back while playing volleyball at the Baldwin State Prison. …
Article • May 15, 2000 • from PLN May, 2000
Washington Civil Commitment Held in Contempt by Tamara Menteer by Ron Petersen and Tamara Menteer On November 15, 1999, after 6 years overseeing an injunction, a federal judge issued a ruling finding the Washington state civil commitment facility known as The Special Commitment Center (SCC) , the nation's first civil …
New Mexico Private and State Prison Phone Rates Challenged by Two separate state court class action lawsuits have challenged the excessive phone rates charged to people who accept collect calls from New Mexico state prisoners. The first lawsuit, Valdez v. Wackenhut Corrections Corporation, was filed on December 30, 1999, in …
Article • May 15, 2000 • from PLN May, 2000
Five Lawyers in Peru Freed by Heriberto Ocasio Lima, Peru-- There is good news in the struggle to defend the Peruvian lawyers who are under attack from the U.S.backed Fujimori regime for their courageous work in defending political prisoners. A trial for six of the defense lawyers ended in acquittal. …
$150,000 Judgment Against Prison Officials Upheld by A federal district court in New York upheld a $150,000 jury verdict against prison officials, concluding that the award was not excessive. The court also held, in a separate ruling, that the Prison Litigation Reform Act, (PLRA), cap on attorney's fees does not …
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