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Article • March 15, 1998 • from PLN March, 1998
Snitch Jacketing States 8th Amendment Claim by Afederal district court in New York held that a prison guard calling a prisoner a snitch with the intention of causing the prisoner harm by other prisoners states a claim for violation of the eighth amendment. Anthony Watson, a New York state prison, …
Spanish Speaking Prisoners Entitled to Interpreters by In a wide ranging and extensive ruling a federal court in the District of Columbia held that by failing to provide interpreters to non English speaking Hispanic prisoners the DOC violated the plaintiffs' eighth and fourteenth amendment rights. As the first published ruling …
Article • March 15, 1998 • from PLN March, 1998
Pro Se Tips and Tactics by John Midgley By John Midgley In my last column, I began a discussion of summary judgment motions in prison cases, which I continue in this column. In prison cases, summary judgment motions are often made by defendants to try to get judgment without the …
Article • March 15, 1998 • from PLN March, 1998
Struggle at Folsom by Willie Wisely by W. Wisely On August 11, 1997, almost 400 prisoners in California's New Folsom prison staged a one-day work strike to protest continuing elimination of privileges and programs. Six members of the Men's Advisory Committee were placed in administrative segregation, suspected of leading the …
Supervisors Liable for Excessive Force by The court of appeals for the eighth circuit affirmed an award of compensatory and punitive damages against a guard who beat a handcuffed and unresisting prisoner, the four guards who held the prisoner down during the attack, the lieutenant who supervised the beating and …
Article • March 15, 1998 • from PLN March, 1998
Survivors Manual by How do you survive in a concrete coffin? With the proliferation of Control Unit (aka SuperMax) prisons in the U.S., an increasing number of prisoners struggle for an answer. Survivors Manual is a 72-page paperback written by and for people who live in Control Units. The manual …
Article • March 15, 1998 • from PLN March, 1998
Tales from the Washington IMU Crypt by M L Reader Mail In case you'd like to report on recent events at Shelton [in one of Washington state's three "IMU" Control Units] here are the basics. In the first week of September [1997] a female guard told guys on F-tier to …
Article • March 15, 1998 • from PLN March, 1998
Tax Court Required to Assist in Witness Subpoena by The court of appeals for the ninth circuit held that a tax court's refusal to honor subpoenas filed by an indigent pro se prisoner litigant, without prepayment of the witness and mileage fees, violated the prisoner's right of access to the …
Article • March 15, 1998 • from PLN March, 1998
Sixth Circuit Discusses Habeas IFP by The court of appeals for the sixth circuit has outlined the procedures habeas corpus petitioners seeking In Forma Pauperis (IFP) status must follow. Every circuit to consider this issue has held that the Prison Litigation Reform Act's (PLRA) filing fee provisions do not apply …
Article • March 15, 1998 • from PLN March, 1998
BJS Reports on Sentencing and Imprisonment by The Bureau of Justice Statistics (BJS) released two reports that may interest PLN readers: Prisoners in 1996 (NCJ 164619, June 1997) and Felony Sentences in the United States, 1994 (NCJ 165149, July 1997). The report on prisoners provides state-by-state (and federal) prison population …
Article • March 15, 1998 • from PLN March, 1998
BOP Porn Ban Held Unconstitutional by In the March, 1997, issue of PLN we reported the September 30, 1996, enactment of the "Ensign Amendment," named after its author Nevada congressman John Ensign (R). The law was enacted as a rider to the federal government's massive budget bill. No hearings or …
Article • March 15, 1998 • from PLN March, 1998
Filed under: PLRA, Filing Fees (PLRA)
Court Questions PLRA IFP Provisions by In a rare voice of dissent to the PLRA's filing fee provisions, Judge Reynolds of the U.S. district court in Wisconsin, described the filing fee requirements of the Prison Litigation Reform Act, then summed it up. "This provision is mean spirited and unnecessary. In …
Article • March 15, 1998 • from PLN March, 1998
Arizona Court Fee Law Upheld by Afederal district court in Arizona upheld the constitutionality of a state statute that requires prisoners to pay the full filing fee in state court actions they initiate. The Arizona legislature enacted A.R.S. § 12-306(c) and A.R.S. § 12-302(B) which eliminates the waiver of filing …
Article • March 15, 1998 • from PLN March, 1998
Attorney Fee Award in Smoking Suit Affirmed by The court of appeals for the eighth circuit affirmed an award of $11,299.17 in attorney fees to a prisoner who sued over being exposed to Environmental Tobacco Smoke (ETS, AKA second hand smoke). In the December, 1996, issue of PLN we reported …
AZ Jail's Discriminatory Treatment of Muslims Requires Trial by The court of appeals for the ninth circuit held that a district court erred when it granted summary judgment to jail officials regarding claims of discriminatory treatment by a Muslim jail prisoner. Benjamin Freeman was held in the Maricopa county jail …
Article • March 15, 1998 • from PLN March, 1998
Class Action Certification Clarified by The court of appeals for the ninth circuit held that a district court erred when it dismissed as moot a jail detainee's lawsuit challenging conditions on a jail chain gang, before ruling on the plaintiff's motion for class certification. Timothy Wade filed a lawsuit seeking …
Article • March 15, 1998 • from PLN March, 1998
California Irradiates Prison Visitors by The California Department of Corrections (CDC) has installed nine high-tech X-ray scanners in six prisons and has plans to install them throughout the 33-prison system. The devices, based on "back-scatter" X-ray technology, are used to search visitors. The machine produces a crude image of visitors' …
Ad Seg May Require Due Process by The court of appeals for the second circuit held that a district court wrongly concluded that administrative segregation (ad seg), in and of itself, does not violate due process. The court held prisoner plaintiffs must be given an opportunity to develop a factual …
Article • March 15, 1998 • from PLN March, 1998
Filed under: News, News in Brief
News in Brief by AZ : In November, 1997, the state DOC announced that the construction of a 4,150-bed prison complex at Gila Bend, a 200-bed juvenile prison at the same location and an 800-bed addition to a Yuma prison was $19 million over budget. The combined projects were supposed …
Turning the Screws in California by Willie Wisely by W. Wisely Each year, the California Department of Corrections asks the Legislature for an ever-increasing piece of the state's tax pie based in part on claims that violence in the prison system is increasing. The truth is, violent incidents inside have …
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