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Article • June 15, 1998 • from PLN June, 1998
Bureau of Prisons Sexual Abuse Suit Settled for $500,000 by On Tuesday, March 3, 1998, at 3:00 p.m., at the United States District Court in San Francisco, U.S. District Court Judge Thelton E. Henderson was presented with a settlement of a civil rights suit against the United States Bureau of …
Vigilante Attack on Prisoner Requires Trial by The court of appeals for the second circuit held that issues of fact as to whether guards were personally involved in a vicious attack on a prisoner, precluded summary judgment for the guards. The court also held that a statement allegedly made by …
Article • June 15, 1998 • from PLN June, 1998
Trial Required in Religious Diet Claim by Afederal district court in California held that disputed facts required a trial to determine if a segregated Muslim prisoner's religious rights were violated when he was denied a special diet during Ramadan. Roderick Washington, a California state prisoner, filed suit claiming he was …
Article • June 15, 1998 • from PLN June, 1998
Filed under: Sentencing, Good Time
Washington Good Time Cap Clarified by AWashington state court of appeals held that prisoners convicted of violent class B felonies were entitled to a one third good time sentence reduction and not the fifteen percent reduction calculated by the Washington DOC. Craig Mahrle was convicted of solicitation to commit second …
Article • June 15, 1998 • from PLN June, 1998
Filed under: Resources, Organizing
Attention Veteran Prisoner Activists by Celling of America co-editor Daniel Burton-Rose is working on a book about prisoner activism in the 1960s and 70s. Daniel is seeking contacts with veterans from that period. Rememberances of involvement in work stoppages, anti-racist organizing, prisoner unions, etc. are especially welcome. Send letters to: …
Article • June 15, 1998 • from PLN June, 1998
From the Editor by Dan Pens Once again, I come to you with greetings, good cheer, and to beg for money. This time, however, I'll show you the PLN budget in black and white. But before I do that, let me give you the bottom line and let you know …
Article • May 15, 1998 • from PLN May, 1998
Notes from the Unrepenitentiary by Laura Whitehorn Notes From The Unrepenitentiary By Laura Whitehorn The Jericho '98 rally in Washington, D.C. on March 27th was, I hope, a step in the direction of freeing all u.s.-held political prisoners and Prisoners of War. Vigorous action of all kinds both domestic and …
Article • May 15, 1998 • from PLN May, 1998
Oregon's Prison Slavocracy by Dan Pens What I propose is, that as we embark on this massive prison construction program, we try a new approach -- convert our "warehouses" into factories with fences around them. To do that we must change our thinking and change the reactionary statutes that stand …
Article • May 15, 1998 • from PLN May, 1998
Filed under: Appeals, Juveniles
Michigan Visiting Restrictions Upheld by In the June, 1996, issue of PLN we reported Bazetta v. McGinnis , 902 F. Supp. 765 (ED MI 1996) which denied a preliminary injunction to Michigan prisoners, and their visitors, challenging prison visiting restrictions. In 1995 the Michigan DOC amended the Michigan Administrative Code …
New Jersey Mental Health Class Action Gains Momentum by Steve Vaccaro Afederal district court in New Jersey has upheld the claims of a statewide class of mentally ill prisoners against defendants' motions to dismiss and for summary judgment. The defendants are: officials of the New Jersey Department of Corrections; Correctional …
No Ex Post Facto Violation in Permanent Loss of Forfeited Good Time by The court of appeals for the fifth circuit held that a Texas Board of Criminal Justice (TBCJ) directive forbidding prison officials from restoring good time credits previously lost did not violate the ex post facto clause. Since …
No Federal Remedy for False Disciplinary Charges by The court of appeals for the seventh circuit held that a prisoner who is falsely accused of misconduct and punished for no apparent reason has no legal recourse in federal court if the only punishment imposed involves 15 days of segregation. In …
Physical Injury Limit Defined, Wrongly by A federal district court in Texas dismissed a lawsuit as being legally frivolous for not alleging sufficient physical injury under 42 U.S.C. § 1997e(e). Thinh Minh Luong is a Hawaii state prisoner transferred to the Dickens County Corrections Center, a private prison operated by …
Louisiana DOC Defiance Rule Unconsitutional by The court of appeals for the fifth circuit held that the Louisiana DOC rule prohibiting "defiance" was facially invalid to the extent that it proscribes prisoners from threatening prison employees "with legal redress during a confrontation situation." The court also held that habeas corpus …
Law on Strip Searches of Prison Visitors Clearly Established by The court of appeals for the second circuit held that the reasonable suspicion standard for strip searches of prison visitors is clearly established. However, the court decided that the defendants were entitled to qualified immunity based upon the facts. This …
Article • May 15, 1998 • from PLN May, 1998
Jailhouse Travel Agents by Travel Wholesalers International, a travel agency based in Fairfax, Virginia, recruits workers in out-of-the-way places. The company employs 12 maximum-security prisoners at the Leath Correctional Institution, a women's prison in Greenwood, South Carolina. The prisoner-workers talk to clients over the phone, registering plane reservations and other …
Jury Verdict Affirmed in Arkansas Prisoner Attack by The court of appeals for the eighth circuit affirmed a jury verdict that found a prison guard liable for failing to protect two prisoners from attack by another prisoner. Arkansas state prisoners Lonell Newman and Hoseia Chestnut were both attacked by a …
DC Women Prisoners' Suit Settled by In the December 1995, June 1996 and September 1997 issues of PLN we reported the saga of Womens Prisoners of the District of Columbia DOC v. District of Columbia , which is cited in 877 F.Supp. 634, 899 F.Supp. 659, and 93 F.3d 910, …
Grievance Exhaustion Required by The court of appeals for the sixth circuit held that 42 U.S.C. § 1997e(a) requires administrative exhaustion of all claims filed after the April 26, 1996, enactment of the Prison Litigation Reform Act (PLRA). Section 1997e(a) states that "no action shall be brought with respect to …
Florida Prisoners Have Right to Present Evidence at Disciplinary Hearings by Florida Prisoners Have Right To Present Evidence At Disciplinary Hearings A Florida state appellate court held that a denial by prison authorities of an opportunity for a prisoner to present exculpatory evidence at a prison disciplinary hearing states a …
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