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Article • August 15, 1999 • from PLN August, 1999
Heck Doesn't Apply After Release from Prison by A federal district court in Louisiana held that prisoners released from prison need not have a court ruling in their favor before challenging prison disciplinary hearings via 42 U. S. C. § 1983. Jimmy White, a Louisiana state prisoner, was infracted for …
Article • August 15, 1999 • from PLN August, 1999
Contaminated Water Claim Not Barred by PLRA Physical Injury Rule by The court of appeals for the Seventh circuit held that a prisoner's lawsuit over a prison's lead contaminated water was wrongfully dismissed under the Prison Litigation Reform Act's (PLRA) physical injury requirement. Floyd Robinson, an Illinois state prisoner, filed …
Article • August 15, 1999 • from PLN August, 1999
No Administrative Exhaustion Requirement for Ex-Prisoners by The court of appeals for the Second circuit held that former prisoners who sue over prison or jail conditions of confinement are not required to exhaust their administrative remedies before filing suit in federal court. James Greig, a New York state parolee, filed …
Article • August 15, 1999 • from PLN August, 1999
PLRA Doesn't Require Notice of Claim for Exhaustion by Afederal district court in Wisconsin held that 42 U. S.C. 1997e(a) of the Prison Litigation Reform Act (PLRA) does not require prisoners to file a notice of claim with the state attorney general's office in order to exhaust their administrative remedies. …
BOP Warden Held in Contempt for Failure to Forward PLRA Filing Fee by The court of appeals for the Seventh circuit held that prison wardens are responsible for ensuring Prison Litigation Reform Act (PLRA) filing fees are transmitted from the trust accounts of prisoners to the courts. Wardens who fail …
Article • August 15, 1999 • from PLN August, 1999
Seventh Circuit Clarifies Good Faith Appeal Standard, Again by In its third ruling on the topic in recent months, the court of appeals for the Seventh circuit attempted to delineate what constitutes a "good faith" appeal under the Prison Litigation Reform Act (PLRA). Aaron Hyche, an Illinois state prisoner, filed …
Article • August 15, 1999 • from PLN August, 1999
Alabama Jail Injuction Dissolved by The court of appeals for the Eleventh circuit held that a district court had erred in refusing to dissolve an injunction designed to relieve jail overcrowding. In 1982 an injunction was entered by a federal district court which prohibited the state of Alabama and Lauderdale …
Article • August 15, 1999 • from PLN August, 1999
"Victims' Rights" as a Stalkinghorse for State Repression by Paul Wright "Victims' Rights" As A Stalkinghorse for State Repression By Paul Wight How the ruling class defines and punishes "crime" goes a long way towards demonstrating whose class interests are being served by the criminal justice system. The criminal justice …
Article • August 15, 1999 • from PLN August, 1999
No Equal Justice: Race and Class in the American Criminal Justice System, by David Cole (Review) by Alex Friedmann by David Cole, The New Press 218 pages, $25.00 hardcover. Review by A. Friedmann Those people who have long believed that this nation's criminal justice system is steeped in systemic racism …
Article • August 15, 1999 • from PLN August, 1999
PLN Sues Alabama DOC Over Gift Subscription Ban by 0n May 13, 1999, Prison Legal News (PLN) filed suit in the U. S. District Court for the middle district of Alabama against the Alabama Department of Corrections (DOC). The Alabama DOC has Administrative Regulation 303 which states: "Inmates may receive …
Article • August 15, 1999 • from PLN August, 1999
Notes from the Unrepenitentiary by Laura Whitehorn Over the past 14+ years of my incarceration, I've been asked repeatedly to describe how I'm treated differently from other prisoners because I'm a political prisoner. It's always been easy to answer, as examples abound. Now, as I approach my mandatory release date …
Article • August 15, 1999 • from PLN August, 1999
Filed under: Organizing
Prison-Industrial Complex Conferences Are Spreading the Word by Hans Sherrer Awareness of the devastatingly negative impact of the politically driven criminal justice system on American society continues to grow. On the week-end of April 10th, there were two conferences in the U. S. dedicated to exposing its normally hidden aspects …
Article • August 15, 1999 • from PLN August, 1999
Kentucky Jail Settles Strip Search Suit for $11.5 Million by On December 23, 1998, the Jefferson county jail in Louisville, Kentucky, settled a class action suit by agreeing to pay $11.5 million to thousands of people who were strip searched after being arrested for minor offenses. The lawsuit and settlement …
CCA Settles Youngstown Suit for $2.48 Million by by Alex Friedmann On March 1, 1999 the Corrections Corp. of America agreed to pay $1.65 million plus $803,000 in attorney fees and expenses to settle a class-action lawsuit filed by Washington, D.C. prisoners at the company's Northeast Ohio Corr. Center in …
Attorney Fees Must Be Expressly Reserved by The court of appeals for the Eighth Circuit held that a failure to expressly raise the issue of attorney fees during settlement negotiations waives any subsequent claim thereto. This case involves several prisoners, who sued the director of the Nebraska DOC, under 42 …
First Amendment Guarantees Kosher Meals by The court of appeals for the Third 1 Circuit held that under the First Amendment, prison officials must provide Jewish prisoners with a diet sufficient to sustain them in good health without violating kosher laws. However, the food need not be hot, nor even …
Article • August 15, 1999 • from PLN August, 1999
PLN Sues Utah Jail over "Bulk Mail" Ban by PLN Sues Utah Jail over "Bulk Mail" Ban 0n March 30, 1999, PLN sued the San Juan county jail in Utah over its ban on third class mail (AKA "bulk mail"). The jail has a policy under which it refuses to …
Frivolous Qualified Immunity Appeals Warrant Sanctions by The court of appeals for the Sixth Circuit that it lacked jurisdiction over an interlocutory appeal from an order denying qualified immunity because the prison medical personnel defendants would not concede to view the facts in a light most favorable to the prisoner. …
Individual Capacity Claims Not Applicable to RA and ADA by Afederal district court in Colorado held that individual defendants in their individual capacities are not liable under the Rehabilitation Act (RA) or the Americans with Disabilities Act (ADA). Additionally, these defendants were held to be entitled to qualified immunity from …
Franklin Reversed; DC Prisoners Have No Right to Qualified Interpreters by The court of appeals for the D. C. Circuit held that Spanish-speaking prisoners have no right to qualified interpreters at parole hearings, disciplinary hearings, or for medical and mental health treatment. Spanish-speaking prisoners in the District of Columbia (District) …
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