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Sheriff Liable for Inadequate Staffing and Refusing Medical Treatment to Assaulted Prisoner by The Tenth Circuit court of appeals held that a sheriff may be liable for insufficient jail staffing and refusing medical treatment to a prisoner who was beaten by other prisoners. Genaro Lopez was a prisoner in the …
Article • November 15, 1999 • from PLN November, 1999
Second Circuit Discusses Heck and Edwards by No Bar to Prisoners Challenging Condition, not Duration, of Disciplinary Confinement The Second Circuit court of appeals has held that prisoners who have no recourse under the federal habeas corpus statute may file a federal civil rights suit challenging their conditions of confinement …
Article • November 15, 1999 • from PLN November, 1999
Evidentiary Hearing Allowed in PLRA Consent Decree Terminations by The court of appeals for the Fourth circuit reaffirmed that the Prison Litigation Reform Act's (PLRA) consent decree termination provisions are constitutional and also held that the PLRA provides no avenue for district courts to make after the fact findings to …
West Virginia Supreme Court Upholds Computer Ban by In the February, 1998, issue of PLN we reported that the West Virginia Department of Corrections (DOC) had prohibited its prisoners from having personal computers in their cells. In the previous decade West Virginia, New Jersey, Wyoming, Alaska and a prison in …
Washington Felony Infraction Law Struck Down by A Washington state appeals court held that a state law allowing the felony prosecution of prisoners who are infracted in prison after having lost all good time credits violates the state constitution. The court also suggested that all Washington DOC infractions issued after …
Article • November 15, 1999 • from PLN November, 1999
Request for Telephonic Appearance Must Be Considered by The Idaho Court of Appeals held that a prisoner's due process rights were violated when a magistrate failed to consider his request to appear telephonically in a child support action. In April, 1997, the Idaho Bureau of Child Support (Bureau) brought an …
BOP Violates Due Process in Ad-Seg, Transfer and Mail Suit by A federal district court in Illinois held that the Bureau of Prisons (BOP) violated a prisoner's right to due process when it placed him in administrative segregation (ad seg), transferred him to a different prison and denied him the …
Trial Required in Jail Attack by A federal district court in New York held that a trial was required to resolve disputed issues of material fact where a jail guard was accused of assaulting a detainee. The court also held that the county could not be held liable for a …
Article • November 15, 1999 • from PLN November, 1999
Race Discrimination Claim Not Barred by PLRA Physical Injury Rule by A federal district court in Missouri held that the physical injury rule of the Prison Litigation Reform Act (PLRA) applied only to Eighth amendment claims and did not apply to a prisoner's equal protection claim of racial discrimination. The …
PLRA Attorney Fee Provision Not Retroactive in Jail Conditions Suit by The court of appeals for the DC Circuit held that the Prison Litigation Reform Act (PRLA) provision, which caps attorney fee awards, applies to work performed after the act's effective date (April 26, 1996), even when the suit was …
Article • November 15, 1999 • from PLN November, 1999
The Cultural Commodification of Prisons by Paul Wright Pop culture is about acculturation more than it is about culture. It is about defining the norms and parameters of society. Over one hundred years ago Karl Marx wrote about capitalism's ability to turn everything into a commodity. Commodities are items, whether …
New Jersey Guard Wins $3.75 Million Harassment Suit by On May 27, 1999, a Burlington county jury in New Jersey ruled in favor of prison guard Robert Lockley Jr. and awarded him $3.75 million in damages. Lockley, 39, a guard at the Mid State Correctional Facility in Ft. Dix, New …
Article • November 15, 1999 • from PLN November, 1999
New York City Arrestee Awarded $5.02 Million in Strip Search by On May 6, 1999, a federal jury in Manhattan awarded $19,600 in compensatory damages and $5 million in punitive damages to an arrestee who was strip searched in a New York City jail. In 1997 Debra Ciraolo, 43, an …
PLN Sues Washington DOC over Censorship of Nazi Guard Exposé by PLN Sues Washington DOC over Censorship of Nazi Guard Exposé On August 27, 1999, Prison Legal News filed suit in federal court in Spokane, Washington, seeking a court injunction to ensure the delivery of the May, 1999, issue of …
Article • November 15, 1999 • from PLN November, 1999
Filed under: Excessive Force, Shootings
California Changes Shooting Policy by Willie Wisely by W. Wisely In the past ten years, California prison guards have shot and killed 39 prisoners, wounding over 200, with high powered rifles. Nearly all of the shootings involved attempts to break up unarmed fist fights--- a practice unique among all other …
Suicides at Connecticut Prison Raise Concerns about Mental Health Care by Suicides at Connecticut Prison Raise Concerns About Mental Health Care In unrelated incidents, two women prisoners at the York Corr. Institution in East Lyme, Connecticut committed suicide within a ten-day period in March, 1999. Linda Hogan was found hanging …
Article • November 15, 1999 • from PLN November, 1999
California Governor Vetoes Parole Reform Bill by California Governor Gray Davis vetoed a bill that would have diverted "low-risk" parole violators into community-based programs rather than send them back through a "revolving door" to an already overcrowded state prison system. Some critics call the veto quid pro quo for the …
Article • November 15, 1999 • from PLN November, 1999
California Illegally Dumps Parole Records by Willie Wisely by W. Wisely California Department of Corrections prisoncrats were caught illegally dumping confidential documents about parolees in a dumpster near the new Metreon entertainment center in San Francisco, according to Michael Taylor's June 19, 1999 article in the San Francisco Chronicle. Some …
Prisoner Strip Search Warrants Fourth Amendment Analysis by Ronald Young The court of appeals for the Fifth circuit held that a prisoner's Fourth Amendment claim alleging unreasonable multiple strip searches performed on him by a female guard were not frivolous, as would warrant dismissal under the PLRA. The court also …
Amended Complaint Filed Outside Limitations Period Relates Back by A federal district court in Michigan held that an amended complaint using proper names for "John Doe" defendants, filed outside the statute of limitations was not untimely because the claims related back to the original complaint. The court also held that …
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