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$15,001 Excessive Force Verdict Affirmed by The court of appeals for the First circuit affirmed a jury verdict awarding $15,001 in damages to a prisoner beaten by prison guards. The court affirmed several evidentiary rulings by the district court excluding evidence of a disciplinary hearing guilty plea by the plaintiff …
AEDPA Statute of Limitations Tolled by The court of appeals for the Third circuit held that the one year statute of limitations in which to file a federal habeas corpus petition is a statute of limitation subject to tolling. In 1994 Frank Miller, a New Jersey state prisoner, was found …
Article • January 15, 1999 • from PLN January, 1999
California Parolee Gag Order Lifted by The California Department of Corrections (CDC) admits it made a mistake when one of its agents tossed a parolee in jail for refusing to sign off on a parole condition banning him from talking to the media. Arthur Putney, 52, was jailed after parole …
Article • January 15, 1999 • from PLN January, 1999
BOP Visitors Subjected to Ion Scan by M L A memo has been posted alerting the population at USP-Lompoc [federal prison in Calif.] that a pilot program has been implemented whereby visitors will be scanned with a nuclear ion machine that detects "drug use". There are graduated penalties for those …
Article • January 15, 1999 • from PLN January, 1999
PLRA Immediate Termination Provisions Unconstitutional by Afederal district court in. New Jersey has declared unconstitutional the provisions of the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626(b)(2)(3), permitting the immediate termination of consent decrees. In 1983, Robert Lee Denike and Kenneth Vespa, New Jersey state prisoners, sued prison officials …
PLRA Allows Fees on Fees in Failure to Protect Suit by The court of appeals for the Third circuit held that the Prison Litigation Reform Act (PLRA) allows lawyers to collect attorney fees in litigating attorney fee awards. The practice is sometimes referred to as "fees on fees." The court …
Article • January 15, 1999 • from PLN January, 1999
En Banc Review Granted in Taylor by In the December, 1998, issue of PLN we reported Taylor v. United States , 143 F.3d 1178 (9th Cir. 1998). In that case, a panel of the Ninth circuit court of appeals unanimously held that 18 U.S.C. § 3626(b)(2) is unconstitutional. This provision …
Article • January 15, 1999 • from PLN January, 1999
PLN Sues Oregon DOC Over Bulk Mail Ban by On October 29, 1998, Prison Legal News ( PLN ) sued the Oregon Department of Corrections (DOC) in federal district court for damages and declaratory and injunctive relief. Since at least 1991 the Oregon DOC has had a policy requiring that …
Article • January 15, 1999 • from PLN January, 1999
Tennessee Prisoners Fight to Keep Money by Eight Tennessee prisoners have filed suit to challenge the constitutionality of a state law that allows the Department of Corrections to seize up to 90 percent of a prisoner's trust account to pay for the cost of their own imprisonment. The new law …
Article • January 15, 1999 • from PLN January, 1999
Georgia Prison Officials Take Taxpayers for a Long Ride by Georgia prison officials used $23,602 from state prison industries profits to attend a conference on prisons in Israel tied to the country's 50th anniversary celebration. DOC chief Wayne Garner defended the trip, saying he has been a" good steward of …
Article • January 15, 1999 • from PLN January, 1999
Arizona Jail Slave Labor Used to Stuff Ballot Envelopes by Prisoners at the Maricopa County Jail (home of "America's Meanest Sheriff") were used to stuff 400,000 envelopes with ballots for early voting in the 1998 elections. Maricopa County Elections Director Karen Osborne said that jail inmates received community service credit …
Article • January 15, 1999 • from PLN January, 1999
Open Society Institute Funds College Classes in Maryland Prisons by When the Clinton Crime Bill gutted federal Pell Grants for prisoners, some states' prison education programs were hit harder than others. Many states funded post-secondary education entirely with state money. Maryland prisoners, though, were the hardest hit. Virtually all of …
Article • January 15, 1999 • from PLN January, 1999
Filed under: News, News in Brief
News in Brief by AL : In September, 1998, Madison county (Huntsville) prisoners Rodney Baker, Antonio Davidson, Steven Dillard and Nara Lemons, were charged with murder for allegedly beating prisoner Robert Sevigny to death. AL : Mario Centobe (32) is the Mississippi prisoner who escaped from a prison van when …
Article • January 15, 1999 • from PLN January, 1999
From the Editor by Dan Pens Greetings and welcome to a new year of PLN . Our longevity is a proud accomplishment and one that would not be possible without the continuing support of you our readers. I thank each of you who responded to PLN 's recent fundraiser mailing. …
Article • December 15, 1998 • from PLN December, 1998
Movant Bears Summary Judgment Burden by The court of appeals for the Second Circuit held that the party moving for summary judgment bears the burden of showing it is entitled to judgment and a district court erred in dismissing a prisoner's court access claims. The court also held that the …
No Interlocutory Appeal of Disputed Facts by The Court of Appeals for the Ninth Circuit held that prison officials may not appeal a district court's denial of their motion for summary judgment based on qualified immunity when the denial is due to disputed issues of material fact. Larry Thomas, a …
No Liberty Interest in Ohio Visiting Rules by Afederal district court in Ohio held that Ohio state visiting rules do not create a liberty interest in visitation. Melissa Blair is a former Ohio prison guard married to Ohio prisoner Lemont Blair. The Blairs' visiting privileges were suspended after prison officials …
Article • December 15, 1998 • from PLN December, 1998
No Right For Media to Witness Execution by In the November, 1997, issue of PLN we reported California First Amendment Coalition v. Calderon , 956 F. Supp. 883 (ND CA 1997), where a district court in California issued an injunction requiring that California execution witnesses be given an opportunity to …
New Mexico CCA Disturbance Not Reported for Hours by The warden of a private prison in New Mexico said that prison staff may have delayed notifying state police about a disturbance that sent five guards to a hospital August 7, 1998. "It may be my fault we didn't respond quickly …
Physical Injury Requirement Inapplicable to First Amendment Claims by The court of appeals for the Ninth circuit held that the "three strikes" provision of the Prison Litigation Reform Act (PLRA) does not apply to cases pending at the time of the law's enactment and that the PLRA's physical injury requirement …
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