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Article • March 15, 2000 • from PLN March, 2000
Filed under: News, News in Brief
News in Brief by Bermuda: On December 22, 1999, the British territory abolished the death penalty and corporal punishment. CA: In December, 1999, Charles Scott was arrested by Kern county sheriff's deputies after they found 34 rifles and pistols, tear gas, stingball and flash bang grenades in his home. Police …
Miscarriage is Serious Medical Condition by A federal district court in Maine held that a miscarriage is a serious medical condition, but dismissed a state law medical negligence claim for failure to comply with the pre-suit screening requirements of the Maine Tort Claims Act (MTC). On June 13, 1996, Melissa …
Article • February 15, 2000 • from PLN February, 2000
Filed under: Civil Procedure, Costs
Indigence is Cause to Retax Costs by The court of appeals for the Ninth circuit held that a district court abused its discretion in denying a motion to retax costs when the losing plaintiff was indigent and the effect of taxing costs against the plaintiff would chill future civil rights …
Article • February 15, 2000 • from PLN February, 2000
Notice of Summary Judgment Requirements Mandatory by The U.S. court of appeals for the Second Circuit held that it is inappropriate to enter summary judgment against a pro se litigant if there is no indication that the litigant understands the requirements for summary judgment. In 1995, Stanley McPherson was a …
Article • February 15, 2000 • from PLN February, 2000
Sylvia Baraldini Goes Home After Sixteen Years by Julia Lutsky Sylvia Baraldini Goes Home after Sixteen Years by Julia Lutsky On August 25, 1999, after more than a decade of battle to return to her homeland, Sylvia Baraldini was transferred from the federal prison at Danbury, Connecticut to the Rebibbia …
Israeli Supreme Court Limits Torture by In a Sept. 1999 ruling, Israel's Supreme Court outlawed the systemic torture of Palestinian detainees by the country's security forces. Israeli authorities had long claimed that "moderate physical pressure" during interrogations was necessary to combat terrorism. Palestinian prisoners, many detained without being charged, were …
Article • February 15, 2000 • from PLN February, 2000
Torture "Aberrational" in U.S. by On October 15, 1999 the Clinton administration submitted a report to the U.N. Committee Against Torture, admitting abuses in the United States but calling them rare. "We fully acknowledge in this report there continue to be areas of concern, contention and criticism," said Assistant Secretary …
Michigan DOC Settles DOJ Sexual Abuse Lawsuit by Maia Justine Storm This past May, the Michigan Department of Corrections (MDOC) agreed to settle a lawsuit filed by the U.S. Department of Justice (DOJ) which alleged a pattern and practice of sexual misconduct and invasions of privacy at the women's prisons …
Prison Health Services Refuses to Pay by The U.S. court of appeals for the Eleventh Circuit held that a forum selection clause in an indemnity agreement between the Sheriff of Polk Co., Florida and Prison Health Services (PHS), which allowed contract disputes to be brought in the state circuit court, …
Lack of Evidence Bars Disciplinary Finding of Guilt by Lack of Evidence Bars Disciplinary Finding of Guilt Regardless of Punishment Imposed The court of appeals for the Ninth circuit held that it violates due process to find a prisoner "guilty" of violating a prison disciplinary rule when absolutely no evidence …
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA)
Judicial Screening Applies Only to IFP Suits by The court of appeals for the Sixth circuit held that 28 U.S.C. § 1915(e)(2), which requires judicial screening of lawsuits and dismissal under certain conditions, applies only to suits filed in forma pauperis (IFP), or without the pre-payment of the filing fees. …
America's Toughest Sheriff Settles for $8.25 Million in Wrongful Death Suit by In 1996 Scott Norberg was arrested for assaulting a Mesa, Arizona police officer and booked into the Maricopa County Jail, which is run by "America's Toughest Sheriff" Joe Arpaio. The next day Norberg, 35, was choked to death …
Article • February 15, 2000 • from PLN February, 2000
Filed under: Medical, Injury -- Misc.
Delay in Treating Injured Shoulder States Claim by A federal district court in Pennsylvania held that prison officials delaying treatment for a prisoner's dislocated shoulder states a claim under the Eighth amendment. On July 30, 1997, Daniel Petrichko, a Pennsylvania state prisoner, dislocated his shoulder when another prisoner pushed him …
Article • February 15, 2000 • from PLN February, 2000
"Three Strikes" Provision of PLRA Unconstitutional by A federal district court in Arkansas held that a prisoner had standing to challenge the "three strikes" provision of the Prison Litigation Reform Act (PLRA) on equal protection grounds, and that "strict scrutiny" analysis applied. As a result, the provision was declared unconstitutional. …
Article • February 15, 2000 • from PLN February, 2000
Reviews: Finding the Right Lawyer by Allan Parmelee by Jay Isenberg, American Bar Association, 256 pages Reviewed by Allan Parmelee Clear and to the point, while easy to understand. In Finding the Right Lawyer, the author presents one of the most concise, detailed and powerful presentations of a checklist of …
Article • February 15, 2000 • from PLN February, 2000
Prisoners' Guerrilla Handbook to Correspondence Programs in the U.S. and Canada: High School, Vocational, Paralegal and College Courses by Paul Wright by Jon Marc Taylor, Audenreed Press, 243 Pages Reviewed by Paul Wright. The steady demise of educational programs in prison means that prisoners seeking an education can no longer …
Article • February 15, 2000 • from PLN February, 2000
Filed under: Reviews, Crime, Media, Prisoner Media
Reviews: Voices From Within the Prison Walls by Rick Card by D.A. Shelton, News and Letters, 71 pages Reviewed by Rick Card "Criminals have become the 'bogeyman' so that corporate America can continue to commit atrocities against the proletariat throughout the nation and around the world," says David Shelton in …
Article • February 15, 2000 • from PLN February, 2000
Filed under: Reviews, Crime, Court Access
Federal Criminal Defendant's Handbook: Negotiating the Long, Lonely Road from Arrest, to Prison, to Freedom by Paul Wright by Douglas Hill, J.D., Kensington Publishers, 208 pages Reviewed by Paul Wright. A common refrain among jailhouse lawyers that have successfully learned how to navigate the legal system while imprisoned is "I …
Article • February 15, 2000 • from PLN February, 2000
Enemies of the State: A Frank Discussion of Past Political Movements, Victories and Errors and the Current Political Climate for Revolutionary Struggle Within the USA by Paul Wright By RNB with Marilyn Buck David Gilbert and Laura Whitehorn, 84 pages Review by Paul Wright The United States government steadfastly denied …
Article • February 15, 2000 • from PLN February, 2000
A Matter of Law by Mumia Abu-Jamal By Mumia Abu-Jamal Law is simply politics by other means& - David Kairys, Legal Reasoning When one looks at public projections of police in the corporate and entertainment media, one thinks of someone who is sworn to follow (as opposed to breaking) the …
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