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Article • July 15, 1997 • from PLN July, 1997
Filing Fees Required in Civil Mandamus by The court of appeals for the tenth circuit held that the PLRA's filing fee requirements apply when a prisoner litigant seeks a writ of mandamus in an ongoing civil suit. The court did not discuss whether this applied to writs of mandamus in …
Article • July 15, 1997 • from PLN July, 1997
PLRA Doesn't Apply to Immigration Detainees by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act (PLRA) does not apply to immigration detainees. Anthony Ojo was convicted of a drug offense, sentenced to five years in prison and after completing that sentence the Immigration …
Article • July 15, 1997 • from PLN July, 1997
A Matter of Fact by A 15-year study of 1,300 sex offenders who were arrested in 1973, conducted by the California Dept. of Justice, found that 19.7 percent were re-arrested for a subsequent sex-offense. That figure may seem low, so in a dazzling example of statistical hocus-pocus, the study concluded …
Article • July 15, 1997 • from PLN July, 1997
New York Smoking Suit Set for Trial by A federal district court in New York held that prison officials were not entitled to qualified immunity for exposing prisoners to Environmental Tobacco Smoke (ETS), also known as second hand smoke, and scheduled a trial to determine prison officials' liability. Several New …
Article • July 15, 1997 • from PLN July, 1997
Filed under: News, News in Brief
News in Brief by CA: On May 8, 1997, 11 year Sacramento County deputy district attorney Pete Harned was charged in federal court with 19 counts of receiving, transporting and possessing child pornography over the Internet. This included felony receipt of a CD Rom titled "The Boy Lovers." A search …
Article • July 15, 1997 • from PLN July, 1997
Trouble Coming Every Day; ADX-The First Year by Ray Luc Levasseur Society reflects itself in the microcosm of prison. From a class-based, economically driven, racially motivated construct devolves life as a series of Chinese boxes -- a set of boxes decreasing in size so that each box fits inside the …
Article • July 15, 1997 • from PLN July, 1997
State Must Pay for Prisoner Witnesses by A federal district court in California held that courts may issue writs of habeas corpus ad testificandum to ensure prisoner witnesses are produced to testify in court on behalf of a prisoner plaintiff. The court also held that the cost of transporting and …
Article • July 15, 1997 • from PLN July, 1997
From the Editor by Dan Pens Prison population growth is an oft-cited statistic. Since most PLN readers are either imprisoned or otherwise closely involved with the U.S. "corrections" industry, it is easy for them to readily appreciate the concrete (and steel) meaning of prison population stats. Here is a familiar …
Article • June 15, 1997 • from PLN June, 1997
Texas Sheriff Exploits Prisoner Labor by Lubbock county sheriff Sonny Keesee runs an auto repair shop with a twist. Most of its customers are sheriff's deputies. The mechanics are jail-detainees hand-picked for their mechanic skills. Andy Gentry, a Lubbock county sheriff's deputy, got the engine of his 1989 Toyota replaced …
Article • June 15, 1997 • from PLN June, 1997
Pro Se Tips and Tactics (Declaratory Relief) by John Midgley One form of remedy available in federal court, including in some prison cases, is a "declaratory judgment." This column discusses what a declaratory judgment is, why you might want one in some cases, and the requirements for getting one. What …
Article • June 15, 1997 • from PLN June, 1997
Prisoners' Spouses Challenge Washington 35% Law by Past issues of PLN have detailed the litigation in Wright v. Riveland, the federal class action suit challenging the legality of RCW 72.09.480, a Washington state statute that mandates the seizure, without exceptions, of 35% of all funds sent to prisoners. On May …
Article • June 15, 1997 • from PLN June, 1997
Pro Se Litigant Entitled to Defendant's Identity by The court of appeals for the seventh circuit held that a pro se litigant is entitled to court appointed counsel in order to discover the identity of defendants and the statute of limitations was subject to equitable tolling while discovery took place. …
Article • June 15, 1997 • from PLN June, 1997
Swastika Carved on CDC Prison Guard Rifle by In January of 1997 authorities at California's Folsom State Prison launched an investigation to find out who carved a swastika and a "white power" insignia into the stock of a staff rifle. Sgt. Jim Cook, president of the Folsom chapter of the …
Iowa Retaliation Verdict Affirmed by In the March, 1994, issue of PLN we reported Goff v. Burton, 7 F.3d 734 (8th Cir. 1993) in which the eighth circuit court of appeals reversed a district court ruling in favor of George Goff, an Iowa prisoner who was retaliated against by prison …
Article • June 15, 1997 • from PLN June, 1997
California Prisoner Wins Judgment Against Guard in Shooting by Herbert Green, a 51 year old African-American prisoner, filed a pro se §1983 action against Robert Konkel, a prison guard at Calipatria State Prison, alleging that Konkel violated his eighth amendment rights by shooting him. The case proceeded to trial where …
TB Isolation May Violate RFRA by A federal district court in Indiana held that a prison policy of isolating Muslim prisoners who refused tuberculosis screening tests may violate the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b)(1) and the eighth amendment. Indiana prisoners who refuse TB tests involving the …
FTCA Suit Not Barred by Prior Bivens Claim by In a case of first impression the court of appeals for the seventh circuit held that a plaintiff who files and loses a Bivens suit against federal officials is not automatically barred from filing a tort suit against the United States …
Article • June 15, 1997 • from PLN June, 1997
BOP Can't Set Restitution by The court of appeals for the second circuit held that federal district courts may not delegate to the Bureau of Prisons (BOP) the responsibility to devise a restitution payment schedule pursuant to the Inmate Financial Responsibility Program (IFRP), 28 C.F.R. § 545.10. Daniel Mortimer was …
Prison NA Meetings Violate Establishment Clause by The court of appeals for the seventh circuit held that a prisoner's forced attendance at a religion based substance abuse counseling program violates the establishment clause of the first amendment. James Kerr is a Wisconsin state prisoner in a minimum security prison. Prison …
Article • June 15, 1997 • from PLN June, 1997
Sixth Circuit Issues PLRA IFP Order by On February 4, 1997, Boyce Martin, chief judge of the sixth circuit, issued an administrative order directing all circuit and district court judges in the sixth circuit to apply the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA) uniformly …
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