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Article • February 15, 1998 • from PLN February, 1998
Exposure to Cold States Claim Exhaustion Requirement of PLRA Not Retroactive by A federal district court in Illinois held that a prisoner's allegations of exposure to extreme cold while confined to a cell states an eighth amendment claim. The court also declined to apply the exhaustion of administrative remedies requirement …
Article • February 15, 1998 • from PLN February, 1998
PLRA Requires Winning Prisoner to Pay 25% of Defendants' Atty Fees by In the first published ruling on this issue, a federal district court in New York required a winning prisoner to pay 25% of the reduced attorney fees assessed against the losing prison official defendants. Kevin Clark is a …
Article • February 15, 1998 • from PLN February, 1998
Filed under: Work, Prison Industries
PRIDE Eyes Private Markets by Florida's prison industry program, known as PRIDE, is developing a pilot program to allow private manufacturers to "outsource" contracts that would have PRIDE furniture plant workers produce furniture for eventual sale on the open market. Success there could lead to more "outsourcing" contracts which would …
Article • February 15, 1998 • from PLN February, 1998
Rhode Island Ban on Royalties to Felon Authors Struck Down by The supreme court of Rhode Island held that the state's Criminal Royalties Distribution Act (CRDA) of 1983, Title 12, chapter 25.1 of the general laws of Rhode Island, is unconstitutional. The CRDA requires that any funds felons receive from …
Second Circuit Rules on Appointment of Counsel by The court of appeals for the second circuit held that a district court abused its discretion by denying a pro se prisoner's motion to appoint counsel under a local court rule that conditioned such appointment on the prisoner's claim surviving a motion …
Article • February 15, 1998 • from PLN February, 1998
Resources for Smoking Litigation: Health Effects of Smoking; Legal Cases on Smoking by Health Effects of Smoking: The American Lung Association offers a detailed, comprehensive series of booklets and reports which detail the negative health effects of smoking, exposure to second hand smoke, etc. Contact: ALA, 1740 Broadway, New York, …
Article • February 15, 1998 • from PLN February, 1998
Filed under: Medical, Skin, Complaints
7th Circuit Defines "Serious Medical Needs" by The court of appeals for the seventh circuit announced that medical conditions that cause pain, but are not life threatening, constitute serious medical needs for eighth amendment purposes. In doing so, the court clarified this area of law for the seventh circuit. Carlos …
Article • February 15, 1998 • from PLN February, 1998
Cold Cell Violates 8th Amendment by The court of appeals for the seventh circuit held that extremely cold prison cells violate the eighth amendment but poor cell ventilation in summer does not. Anthony Dixon is an Illinois state prisoner in protective custody at Stateville. He filed suit claiming that in …
Bureau of Prisons Gag Rule Enacted by Effective June 20, 1997, the Department of Justice and its Federal Bureau of Prisons (BOP) enacted changes to 28 CFR (chapter V, subchapter A, Part 501) governing general management and administration of BOP prisons. The new rules allow the federal government to target …
Article • February 15, 1998 • from PLN February, 1998
Actual Injury Required in Legal Mail Claim by In the December, 1995, issue of PLN we reported Bieregu v. Reno , 59 F.3d 1445 (3rd Cir. 1995) where the third circuit held that a prisoner need not show harm to a court claim when the confidential) of his legal mail …
Article • February 15, 1998 • from PLN February, 1998
Filed under: News, News in Brief
News in Brief by CA : Joe Sandoval, 60, resigned as secretary of California's Youth an Adult Correctional Agency on August 15, 1997, saying he wanted to spend more time with his family. Upon his resignation governor Pete Wilson appointed Sandoval to the state's Narcotic Addict Evaluation Authority. The position …
Washington "Bulk Mail" Ban of PLN Struck Down by Since PLN began publishing in 1990 it has experienced sporadic attempts at censorship by the Washington DOC. This has ranged from a statewide ban of the first three issues to harassment of the editors. Unable to articulate a threat to "legitimate …
Trial Required in Oklahoma Beating Case by The court of appeals for the tenth circuit held that a prisoner's claim for declaratory and injunctive relief are mooted once he is released from incarceration and that questions of fact regarding the application of force by guards precludes summary judgment in their …
Article • February 15, 1998 • from PLN February, 1998
WSP Ban on Gift Subscriptions Enjoined by In two separate, unpublished rulings, different federal magistrates in Spokane, Washington, held that a Washington State Penitentiary policy requiring that prisoners purchase all magazine subscriptions and books from their prison trust accounts was unconstitutional. Both courts enjoined the policy. WSP Policy 450.100 states …
Article • February 15, 1998 • from PLN February, 1998
West Virginia Prisoners Lose Computers by Following the lead of prisoncrats in Washington, New Jersey, Wyoming, and Alaska, West Virginia DOC officials ordered the removal of all prisoner-owned personal computers from state prison cells. Corrections Commissioner Bill Davis, who took office August 1, 1997, issued a memorandum to all state …
Article • February 15, 1998 • from PLN February, 1998
Where to Now For Prison Smoking? by Paul Wright Where To Now For Prison Smoking? By Paul Wright As noted in last month's article, "Smoking, Lies and Hypocrisy," notes, the tobacco settlement between the states and the tobacco industry will have no impact on prisoners, assuming it is actually implemented. …
Article • February 15, 1998 • from PLN February, 1998
Filed under: Work, Prison Industries
Union Denounces Prison Labor by Iowa DOC officials are aggressively marketing prison labor to private firms, with a goal of placing prisoners in at least 650 private-sector jobs. Iowa prisoners currently make license plates, produce furniture for government offices, and do telemarketing to promote Iowa tourism. They also make sandwiches …
Article • February 15, 1998 • from PLN February, 1998
From the Editor by Dan Pens Greetings and welcome to another issue of PLN . Several readers have pointed out that PLN editorials are needlessly long. Naturally, my feelings were bruised. The truth hurts. From now on, though, the limit on PLN editorials is 500 words (a half-page) rather than …
Article • January 15, 1998 • from PLN January, 1998
Motion for Seized Property Subject to PLRA Fee by The court of appeals for the fifth circuit held that a federal prisoner's motion for the return of seized property period had run. The district court did not reconsider its ruling. The court of appeals vacated and remanded. The appeals court …
Article • January 15, 1998 • from PLN January, 1998
New York Work Release Creates Liberty Interest by Afederal district court in New York held that prisoners have a liberty interest in that state's Temporary Release Program (TRP) which requires due process before they can be removed from it. Franklin Greaves was a TRP participant, as such he lived and …
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