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Qualified Immunity No Protection for ADA Injunctive Claims by In the October, 1998, issue of PLN we reported Rouse v. Plantier , 987 F. Supp. 302 (D NJ 1997) which involves a class action lawsuit challenging the adequacy of treatment that diabetic prisoners receive in New Jersey state prisons. In …
Rehabilitation or Corporate Profit by Peaceful efforts, by Alaskan prisoners, on August 30, 1998, to address grievances and concerns repeatedly ignored at the Central Arizona Detention Center, in Florence, Arizona, were mercilessly squashed following a sit down demonstration in the prison exercise yard. What was initially a peaceful, sit-down demonstration …
Article • December 15, 1998 • from PLN December, 1998
RFRA Still Applies to Federal Government by The court of appeals for the eighth circuit held that the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb, still applies to the federal government. In the September, 1997, issue of PLN we reported City of Boerne v. Flores , 117 S.Ct. 2157 …
Texas Prisons Not Immune In Tort Claims Act Suits by A Texas appellate court held that the prison system and its employees are not entitled to common-law immunity, official immunity, or sovereign immunity for a claim under under the Texas Tort Claims Act (TTCA), Texas Civil Practice & Remedies Code …
Texas Prisons Subject to Civil Liability by ATexas appellate court has held that the prison system was subject to liability when a prisoner slipped and fell in a prison butcher shop. Doyle Dean Cobb, a Texas prisoner, filed a state lawsuit under the Texas Tort Claims Act, Texas Civil Practice …
Article • December 15, 1998 • from PLN December, 1998
Blanket Jail Strip Search Policy Unconstitutional by Afederal court in Utah has held that a blanket strip search policy by a jail may be unconstitutional. Kristin Foote, a motorist, was stopped, arrested, and taken to a county jail by two Utah Highway Patrol officers, one of whom was a drug …
Article • December 15, 1998 • from PLN December, 1998
Corrupt Cleveland Cops/Guards Sentenced by In the July 1998 issue of PLN , we reported the arrest of 51 Cleveland area police and jail guards who were lured into an FBI sting with promises of high-paying "moonlighting" jobs as security guards for illegal drug shipments. On August 19, 1998, 49 …
Article • December 15, 1998 • from PLN December, 1998
Court Responsible for Prisoner Access to Teleconference by The Court of Appeals for the State of Wisconsin held that the court is responsible for a pro se prisoner's access to a telephone to attend a court-ordered teleconference hearing. Debra Christie, a Wisconsin prisoner, filed a pro se state petition for …
Article • December 15, 1998 • from PLN December, 1998
Filed under: Organizing
Bay Area Students Protest Prison Spending by About 2,500 high school students from throughout the San Francisco Bay Area left class on Thursday, October 1, 1998 to attend a rally. They converged on a Bayfair train station in San Leandro. From there, protesters marched to an Alameda County Sheriff's Department …
Article • December 15, 1998 • from PLN December, 1998
Consent Decree Termination Requires Fact Finding by Consent Decree Termination Requires Fact Finding The court of appeals for the Eighth circuit held that a district court failed to articulate its reasons for terminating its jurisdiction over a consent decree and remanded the case for an evidentiary hearing and an articulation …
Article • December 15, 1998 • from PLN December, 1998
Bureau of Prisons Transsexual Policy Challenged by Bureau Of Prisons Transsexual Policy Challenged Afederal district court in the District of Columbia held that trans-sexualism is a "serious medical condition" for which prisoners have a constitutional right to treatment. Dee Farmer is a federal prisoner who sued the Bureau of Prisons …
Utah Prison Guard Faces Sodomy Charges by In a bizarre case involving the use of DNA fingerprinting, a 34-year-old Utah prison guard was charged with sexually assaulting two prisoners at the Utah State Prison in Draper. After months of allegedly being forced to perform oral sex on the guard, a …
Article • December 15, 1998 • from PLN December, 1998
Filed under: Organizing
Notes From Other Conference Participants by Notes from Other Conference Participants The conference was many things to many people. Perhaps, its biggest fault was that it tried to be all things to all people. The opening plenary, attended by more than 800 participants, had some inspiring moments. Unfortunately, it trailed …
Article • December 15, 1998 • from PLN December, 1998
Them Today, Us Tomorrow by The state of Idaho has overhauled its sex offender registration program. Offenders must now register upon release or when they move, and annually thereafter. There is a $10 administrative fee (read: tax) charged for the privilege. More significantly, for a nominal fee of $5, any …
Article • December 15, 1998 • from PLN December, 1998
Untimely Jury Demand Must be Fairly Considered by Untimely Jury Demand Must Be Fairly Considered According to the Seventh Circuit, a district court must fairly consider a pro se prisoner's untimely request for jury trial. The court also held that the prisoner's failure to answer defendants' motion for summary judgment …
Article • December 15, 1998 • from PLN December, 1998
Updated AIDS Bibliography Published by The ACLU National Prison Project has announced the publication of its 1998 AIDS in Prison Bibliography. According to the Bureau of Justice Statistics report HIV in Prisons and Jails, 1995 , the overall rate of AIDS cases among prisoners was more than six times the …
Article • November 15, 1998 • from PLN November, 1998
Notes from the Unrepenitentiary by Laura Whitehorn Arecent issue of PLN called for articles and information from women prisoners. I hope women throughout the state and federal prison systems will respond to this request. If we are ever to change the hideous situations we face at the hands of the …
NY Seg Case Dismissed on Remand by In the March, 1998, issue of PLN we reported Sealey v. Giltner , 116 F.3d 47 (2nd Cir. 1997) in which the second circuit reversed and remanded Sealey v. Coughlin , 857 F. Supp. 214 (ND NY 1994). The case involves Emmeth Sealey, …
Medical Restraint Requires Doctor's Supervision by The Eighth Circuit has held that the law was clearly established in 1988 requiring specific approval from a doctor when a prisoner is placed in segregation and restraints for psychiatric treatment purposes. Eddie Buckley, an Iowa state prisoner, sued alleging that he was routinely …
MT Prisoners Win Damages and Fees in Riot Suit by On April 2, 1998, a federal jury in Montana ruled that state prison officials had violated the Eighth amendment rights of 13 prisoners. In September, 1991, a riot occurred at the Montana State Prison in Deer Lodge. Five prisoners in …
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