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Article • November 15, 1998 • from PLN November, 1998
Texas Prisoners Bake to Death by Alex Friedmann More than one hundred people have died during a searing heat wave in Texas this past summer, including at least three prisoners. Dozens of convicts have been treated for heat-related health problems. "I've been with the system 13 years and this has …
Abuses Continue at Private INS Facility by Alex Friedmann The Immigration and Naturalization Service (INS) continues to experience problems at a privately -operated detention center in Elizabeth, New Jersey. In June 1995 detainees rioted at the facility, which was then run by Esmore Correctional Services. The detainees mostly asylum-seekers who …
Article • November 15, 1998 • from PLN November, 1998
Filed under: Telephones, Telephone Rates
Colorado Supreme Court Holds Utility Commission Lacks Jurisdiction Over Prison Phone Gouging by The Colorado state supreme court held that the state Public Utilities Commission (PUC) had no jurisdiction over the Colorado Department of Corrections (DOC) with regards to inflated phone costs charged to prisoners. Several Colorado state prisoners filed …
BOP Sentence Reduction Granted to Non-Violent Offender by Afederal district court in Oregon granted a federal prisoner's petition for habeas corpus because the Bureau of Prisons (BOP) had wrongly denied him a one year sentence reduction. Kenneth Johnson is a federal prisoner who was convicted of possessing stolen explosives. He …
ADA/RA Apply to Jails and Give Deaf Right to TDD by The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., (ADA) and Rehabilitation Act of 1973, 29 U.S.C. § 794, (RA) apply to jails and require that deaf prisoners be given access to alternate assistance in …
Article • November 15, 1998 • from PLN November, 1998
$28,719 Assessed Against Pro Se Litigant by Afederal district court in Virginia assessed $28,719.25 in defendants' attorney fees against an unsuccessful pro se prisoner litigant but declined to impose Rule 11 sanctions. John McGlothlin, a Virginia state prisoner, filed suit claiming violation of his right to the free exercise of …
Virginia Prisons 'Wide Open to Business' by Dan Pens Slave Labor Meets Hollywood In a warehouse near the Baltimore airport in 1997, California businessman Trek Kelly observed a supplier peeling tags off crates of merchandise. Later he found a tag that had been overlooked. A tag with the words "Virginia …
Article • November 15, 1998 • from PLN November, 1998
Filed under: Organizing, Work Strikes
With Advocates Lke These: Capitulation, Collaboration and CURE-Ohio by Paul Wright In the May, 1998, issue of PLN we reported on the November 1, 1997, statewide work strike in Ohio. The purpose of this article isn't to rehash last year's events but to examine basic questions of advocacy versus activism, …
Youngstown Break-Out Leads to Political, Financial Fall-Out by Alex Friedmann On July 25, 1998 a half-dozen prisoners, including four convicted murderers, cut through two fences and escaped from the CCA-operated Northeast Ohio Correctional Center in Youngstown, Ohio. According to Warden Jimmy Turner the successful break-out was due to errors by …
Article • November 15, 1998 • from PLN November, 1998
Trial Required in Kosher Diet Claim by Afederal district court in Kansas held that a trial was required to resolve disputed issues of material fact in a Jewish prisoner's lawsuit over the denial of a Kosher diet. Jimmy Searles is a Kansas state prisoner. While housed at the Hutchinson Correctional …
Washington Good Time Loss Implicates Due Process by AWashington state appeals court held that prisoners have a due process right to challenge the validity of prior minor infractions at disciplinary hearings that involve the loss of good time for allegedly incurring more than four minor infractions in a six month …
Article • October 15, 1998 • from PLN October, 1998
Ohio Sells Prison Records by The state of Ohio has sold its state prison records, dating back to 1972, to the on-line information service Lexis-Nexis. Other states are expected to follow. Lexis-Nexis is a private on-line computer service that provides news, business and legal information. The service also features on-line …
Article • October 15, 1998 • from PLN October, 1998
Filed under: Work, Prison Industries
Ohio Union Officials Protest Prison Labor by Ohio state prisoners performed 2.9 million hours of unpaid "community service" labor in 1997 at schools, fairgrounds, churches and other locations. But when the St. Clairsville, Ohio, Board of Education recruited unpaid prison labor in the construction of an outdoor classroom, representatives of …
Article • October 15, 1998 • from PLN October, 1998
Nebraska Prisoners Have Right to Defend Against Suit by The Nebraska court of appeals held that prisoners have a due process right to defend themselves against lawsuits. Frances Thompson, an animal rights activist, and PLN subscriber, imprisoned in Nebraska, was sued by the University of Nebraska for unpaid student loans. …
Article • October 15, 1998 • from PLN October, 1998
New Trial After Magistrate Conducts Jury Selection by The court of appeals for the Eleventh circuit held that a magistrate presiding over jury selection, when the plaintiff objects, constitutes reversible error and is not subject to a harmless error analysis. Albert Thomas, a Georgia state prisoner, sued state prison officials. …
Nine Florida Prison Guards Indicted, Fired by Nine Florida state prison guards were indicted July 10, 1998, on federal conspiracy and civil rights violation felony charges in the death of a prisoner who was chained, beaten, and left to bleed to death. A tenth guard, presumably the one who broke …
No Administrative Exhaustion for Bivens Suit by No Administrative Exhaustion for Bivens Suits The court of appeals for the Ninth and Tenth circuits held that federal prisoners filing Bivens suits for money damages against Bureau of Prisons (BOP) officials need not exhaust administrative remedies where congress has made no provision …
No Exhaustion Required for Money Damage Claims by A federal district court in Illinois held that where prison administrative remedies do not provide for money damages there is no administrative remedy available for prisoner plaintiffs to exhaust within the meaning of 42 U.S.C. § 1997e(a) of the PLRA. Section 1997e(a) …
Article • October 15, 1998 • from PLN October, 1998
Phone Profits 'Benefit' Jail Detainees by The Stanislaus County (CA) Jail has a contract with Correctional Communication Corp., a private telephone company that caters to the Prison-Industrial Complex, to provide phone service to the jail's 1,100 captive consumers. There are more than 100 phones in the county's jails. More than …
Manslaughter Charges Against Three TX Guards Dismissed by In the July '97 issue of PLN we reported the beating death of Texas prisoner Gary Crenshaw, 31, at the hands of French Robertson unit guards. On June 30, 1997, a Jones County grand jury indicted Sgt. Monte Baker and guards Michael …
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