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Article • March 15, 1998 • from PLN March, 1998
Zain Fallout Continues by Fred Zain was a crime lab serologist, who tested evidence for the West Virginia state police from 1979 to 1989, and was chief of serology his last five years. During that time Zain falsified evidence and testified about the results of tests he never performed. In …
Article • March 15, 1998 • from PLN March, 1998
Washington Porn Ban Challenged by Playboy Suit Not Frivolous: In an unpublished ruling the court of appeals for the ninth circuit held that a federal court in Spokane, Washington, erred when it dismissed as frivolous a lawsuit by prisoner Mark LaRue challenging the censorship of his subscription to Playboy . …
Article • March 15, 1998 • from PLN March, 1998
West Virginia Jailers Sentenced to Prison by Former Grant County, West Virginia, sheriff John Leatherman, 39, was sentenced October 14, 1997, to six years in the state penitentiary on a civil rights count and one year in the county jail on a battery count. Leatherman pleaded no contest in a …
Reaching the Breaking Point by M L A guy was mad over having his letter rejected because his girlfriend said something [in the letter] about sex. He was also tired of being lied to about getting out of IMU [Intensive Management Unit, Washington state's version of a 23/7 Control Unit]. …
Article • March 15, 1998 • from PLN March, 1998
WSP Mail Rules Upheld by Joseph Allen filed suit challenging various aspects of the mail policy at the Washington State Penitentiary. After filing suit Allen did no discovery and when the defendants moved for summary judgment he did not bother responding. Not surprisingly, the court ruled against Allen. Surprisingly, the …
Article • March 15, 1998 • from PLN March, 1998
From the Editor by Paul Wright Beginning the first of March, 1998, the PLN book The Celling of America: An Inside Look at the U.S. Prison Industry will be on sale in bookstores nationwide. To date the feedback we've received on the book has been very positive. If you've read …
Article • February 15, 1998 • from PLN February, 1998
New York Prisoner Settles Excessive Force Case for $25,000 by Michael Slater, a New York State prisoner, will receive $18,000 in settlement of an excessive force civil rights claim against two guards at Clinton Correctional Facility in Dannemora, New York. The settlement also provides for an additional $7,000 in attorney …
Article • February 15, 1998 • from PLN February, 1998
No Immunity for Delaying Arthritis Treatment by Afederal district court in West Virginia held prisoners had a clearly established right in 1994 to prompt medical treatment and to have prescribed treatment followed. Oscar Finley, a West Virginia state prisoner suffers from arthritis and has a physician's recommendation that he not …
No Immunity for Florida Private Jail by The district court for the middle district of Florida held that the sheriff, the county and a private corporation operating the county jail were liable for detaining an arrestee for 30 days without a probable cause hearing. The court also held that monetary …
Article • February 15, 1998 • from PLN February, 1998
KS S.Ct. Affirms Trust Account "Service Fee" by KS S.Ct. Affirms Trust Account "Service Fee" In two separate cases the Kansas supreme court affirmed a state DOC policy, KAR 44-5-115, which imposes a $1 monthly surcharge on prisoners for administering their prison trust accounts. A state district court held that …
Legal Papers Must be Returned to Owner; Prisoner Legal Mail Banned by The court of appeals for the eighth circuit held a district court erred when it ordered prison officials to allow prisoner co-plaintiffs to correspond with each other about their case. The court affirmed an injunction requiring prison officials …
PLRA Attorney Fee Restrictions Not Retroactive by A federal district court in New York held that the restrictions imposed on recoverable attorney fees by the Prison Litigation Reform Act of 1996 (PLRA) do not apply retroactively and are not applicable to claims by attorneys retained prior to the PLRA's enactment …
Article • February 15, 1998 • from PLN February, 1998
Iowa Prison Nurse Liable in Birthing by The court of appeals for the eighth circuit held a prison nurse was properly found liable for ignoring a prisoner's complaint that she was in labor. The appeals court affirmed an award of $1,000 in compensatory damages but vacated an award of $3,500 …
Juvenile Crime Pays by Alex Friedmann According to a study by the Office of Juvenile Justice and Delinquency Prevention (OJJDP), from 1991 to 1995 the population of youthful offenders held in privately-operated facilities grew 10% to an estimated 35,600. The juvenile justice system has become enormously profitable as youths are …
Article • February 15, 1998 • from PLN February, 1998
Damages Suit Stayed While Habeas Pursued in Disciplinary Hearing Challenge by As the courts grapple with the question of when prisoners can sue for money damages under 42 U.S.C. § 1983 when challenging disciplinary hearings that result in lost good time and when they must pursue habeas corpus remedies, the …
Deaf Prisoners in Washington Seek Class-Wide Relief by David C Fathi by David C. Fathi, Jeff B. Crollard and Leonard J. Feldman Lawyers representing two deaf prisoners in a lawsuit against the Washington Department of Corrections (WDOC) are seeking to broaden the suit into a class action on behalf of …
Idaho Court Access Class Action Suit Proceeds by Afederal district court in Idaho denied prison officials' motion to dismiss a lawsuit challenging inadequate court access and to decertify the case as a class action suit. In 1992 Idaho prisoners at two prisons filed a class action suit challenging the operation …
Inadequate Prison Security Violates 8th Amendment by Afederal district court in Puerto Rico held a prison security officer could be held liable for a prisoner's murder when he knew of inadequate staff supervision and non functioning cell locks, among other things, and did nothing to improve security. Angel Orta Fernandez, …
Article • February 15, 1998 • from PLN February, 1998
Grand Jury Indicts 45 Texas Prisoners by A Jones County, TX, grand jury indicted 45 French Robertson and Middleton Unit prisoners in October, 1997, for felony crimes allegedly committed in prison during the previous two years. Among the indicted were prisoners Michael Dwayne Purnell and Maximiliano Sanchez III, accused of …
Article • February 15, 1998 • from PLN February, 1998
Florida PRIDE Employees Denied Minimum Wages by James Quigley The court of appeals for the eleventh circuit affirmed summary judgment against Florida state prisoners who claimed entitlement to the federal minimum wage under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219. The court held that the private, non …
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