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Article • April 15, 1998 • from PLN April, 1998
Failure to Protect Informant Claim Set for Trial by A federal district court in Kansas held that disputed facts required a trial to resolve whether prison officials were deliberately indifferent to a prisoner's safety. Mark Dowling is a prisoner informant in Lansing, Kansas. On August 11, 1994, Lt. Gordon Brown …
Article • April 15, 1998 • from PLN April, 1998
Filed under: News, News in Brief
News in Brief by Brazil: On January 10, 1998, eight prisoners at the Linhares prison in Espirito Santo state were killed in a brawl. Francisco Assis Rangel, the prison operations chief, said "They killed one another with metal bars and pieces of wood." No details were given as to the …
Article • April 15, 1998 • from PLN April, 1998
Filed under: Crime/Demographics, Escapes
Mystery of Guard's Death Unlocked by B K The guard who was murdered [during an escape attempt at the Wyoming state penitentiary in June 1997] was in a cage built for the "Shift Commander" when he was stabbed to death. The cage is made of brick, concrete, steel, and bullet-proof …
Article • April 15, 1998 • from PLN April, 1998
Filed under: News
Texas Warden Not Victim of Staff Assault by T.Q. Texas Warden not Victim of Staff Assault In your July 1997 News in Brief section, you reported an incident on the French Robertson Unit [a Texas state prison near Abilene]. The News in Brief item erroneously stated that Ron Drewery [who …
Article • April 15, 1998 • from PLN April, 1998
In Memory - Reverends Ernest Bromley and Maurice McCrackin by John Perotti On December 18, 1997, Reverend Ernest Bromley passed away. Less than two weeks later, on December 30, 1997, Bromley's partner, comrade, and Brother, Reverend Maurice McKrackin ("Rev Mac" to all) followed him. Both had a long painful fight …
Article • April 15, 1998 • from PLN April, 1998
Prolonged SHU Confinement May Implicate Liberty Interest But No Damages by A federal court in New York held that periods of confinement in a state Department of Correctional Services' special housing unit (SHU) for periods of 12 months or longer may implicate liberty interests requiring procedural due process protections. The …
Article • April 15, 1998 • from PLN April, 1998
PLRA Termination Provisions Constitutional by The court of appeals for the eighth circuit held that the "immediate termination" provisions of the Prison Litigation Reform Act (PLRA) does not violate the separation of powers doctrine, the due process clause, or equal protection. A contrary finding by an Iowa district court was …
Pretrial Detainees Not Covered by FLSA by Pretrial Detainees Not Covered By FLSA The court of appeals for the eleventh circuit held that pretrial detainees who perform services at the direction of jail officials for the benefit of the facility are not covered by the federal Fair Labor Standards Act …
Rural Prison as Colonial Master by Christian Parenti In 1964, a tsunami swept over Crescent City, California completely destroying the downtown. Only nine people died, but the town -- nestled just below the Oregon border -- never recovered. It was rebuilt as a shabby imitation of California's worst planning examples; …
Refusal to Waive Interest States Claim by The court of appeals for the ninth circuit held that a district court erred when it dismissed a prisoner's claim that he was fired from his prison job when he refused to waive his right to interest accruing to his prison trust fund …
Article • April 15, 1998 • from PLN April, 1998
BJS Reports Prison Litigation Statistics by The Bureau of Justice Statistics (BJS) released the report Prisoner Petitions in the Federal Courts, 1980-96 in October, 1997. According to the report, the rate at which state and federal prisoners filed petitions in U.S. district courts (habeas and section 1983 petitions combined) fell …
Article • April 15, 1998 • from PLN April, 1998
$450,000 Award in Sexual Assault Case Not Excessive by The court of appeals for the second circuit held that a $250,000 compensatory damage award against a county jail security director for sexually abusing a prisoner was not excessive. However, the court held that the $500,000 punitive damage award was, reducing …
Article • April 15, 1998 • from PLN April, 1998
$9,500 Award for Involuntary Psychotropic Drugging Affirmed by $9,500 Award for Involuntary Psychotropic Drugging Affirmed The court of appeals for the eighth circuit affirmed an award of $9,500 in damages to an Arkansas state prisoner who was forcibly drugged with anti-psychotic medications without due process. The court also held that …
Article • April 15, 1998 • from PLN April, 1998
4th Circuit Establishes Detainee Excessive Force Standard by The court of appeals for the fourth circuit, sitting en bane, held that the constitution does not prohibit the police from slapping pretrial detainees or inserting pens in their noses, while threatening to "rip it open," provided there is no sign of …
Article • April 15, 1998 • from PLN April, 1998
5th Cir. Holds IFP Dismissals Are With Prejudice by 5th Cir. Holds IFP Dismissals are With Prejudice The court of appeals for the fifth circuit, en banc, held that cases dismissed under 28 U.S.C. § 1915, the In Forma Pauperis (IFP) statute will now be considered to be with prejudice, …
Article • April 15, 1998 • from PLN April, 1998
Alaska Computer Printer Ban Questioned by The supreme court of Alaska held that a state superior court wrongly granted summary judgment to prison officials in a lawsuit challenging a ban on computer printers in the prisoners' cells. Geoffrey Mathis is an Alaska state prisoner. In 1993 prison officials issued a …
Community Notification Upheld by Three Circuits by In the December, 1997, PLN we reported Doe v. Gregoire , 960 F. Supp. 1478 (WD WASH. 1997), wherein a district court ruled that Washington's "community notification" statute violates the ex post facto clause insofar as releasing information to the public regarding sex …
Conditions in Camden County Jail Unconstitutional by In 1992 and 1993 numerous' present and former CCJ prisoners filed civil rights complaints in federal court alleging an assortment of constitutional violations. Because the issues mirrored those involved in Camden County Jail Inmates v. Parker , 123 F.R.D. 490 (DNJ 1988), a …
BOP Sentence Reductions Cannot Be Denied Based Upon Firearm Enhancements by The court of appeals for the third circuit held that the Federal Bureau of Prisons (BOP) cannot use a firearm enhancement under the Sentencing Guidelines, by itself, as the basis for declaring a prisoner ineligible for a statutorily authorized …
BOP Exceeds Statutory Authority in Denying Sentence Reduction by Afederal district court in the District of Columbia held that the Bureau of Prisons (BOP) had exceeded its statutory authority by defining "violent" offenses to preclude a sentence reduction for convictions the courts have consistently defined as "non-violent." In 1994 congress …
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