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Article • February 15, 1997 • from PLN January, 1997
From the Editor by Paul Wright by Dan Pens Welcome to PLN's eighth year of publication. We're proud that we have published longer than any other independent prisoner publication we know of. You should be proud, too. You're the ones who have made it possible. Recently we conducted an "Emergency …
Twelve Political Prisoners Gave their Lives in a Death Fast in Turkey by When Aygun Ugur, an imprisoned militant from the outlawed Turkish Communist Party/Marxist-Leninist (TKP/ML), died on the 63rd day of a hungerstrike, Turkey was shocked. In a nation which is continually rocked by political crises and rebellion, this …
No Immunity for Failure to Protect Prisoner from Violence by The court of appeals for the eighth circuit held that prisoners have a clearly established right to be protected from violence by other prisoners. The court also gave a detailed discussion of appellate jurisdiction in reviewing interlocutory appeals by prison …
Article • December 15, 1996 • from PLN December, 1996
Three Strikes in California by Willie Wisely By all accounts, the three strikes sentencing law in California is a failure according to criminal justice experts. They point out that three strikes is applied more often than not to people of color, that it hasn't reduced crime, that it's overwhelming the …
Article • December 15, 1996 • from PLN December, 1996
Censorship of Rap Tape States Claim by Afederal district court in Wisconsin granted a prisoner plaintiff's motion for in forma pauperis status holding that censorship of a rap music tape states a claim for a first amendment violation. James Golden, a Wisconsin state prisoner, filed suit challenging the censorship of …
ADA Ruling for Deaf New York Prisoners by The U.S. District Court for the Southern District of NY ruled in favor of hearing impaired New York prisoners litigating a number of constitutional and statutory issues relating to the imprisonment of hearing impaired prisoners. The court held that the defendants, New …
Article • December 15, 1996 • from PLN December, 1996
New York Voting Rights Case Vacated by In the January, 1996, issue of PLN we reported Baker v. Cuomo , 58 F.3d 814 (2nd Cir. 1995) where the second circuit court of appeals reversed and remanded a lower court ruling dismissing a lawsuit by New York state prisoners challenging the …
Article • December 15, 1996 • from PLN December, 1996
Habeas Required for Disciplinary Hearing Challenges by The court of appeals for the eighth circuit held that prisoners challenging the results of prison disciplinary hearings that result in the loss of good time cannot challenge the hearing result via 42 U.S.C. § 1983, but instead they must present their claim …
Article • December 15, 1996 • from PLN December, 1996
Georgia Prisoners Retain Right to Safety by The Georgia state supreme court ruled that prisoners retain a right to protection and safety from other prisoners. Marvin Yizar, a Georgia state prisoner, is a former Atlanta policeman serving a life sentence for murder. Yizar had previously arrested and prosecuted many of …
PLRA Not Retroactive on Attorney Fees by The court of appeals for the eighth circuit held that the Prison Litigation Reform Act (PLRA) provisions limiting attorney fees in prison cases is not to be retroactively applied. The court also affirmed the district court ruling that the practice of randomly double …
Prison Officials Liable for Double Celling by In the September, 1996, issue of PLN we reported Jensen v. Gunter , 73 F.3d 808 (8th Cir. 1996) where the appeals court vacated a district court ruling that double celling practices at the Nebraska State Penitentiary (NSP) violated the eighth amendment where …
Article • December 15, 1996 • from PLN December, 1996
Filed under: Police
Upsizing Federal Law Enforcement by In his 1996 State of the Union address, Clinton promised to end the "era of big government." But while federal agencies from the Department of Energy to the Labor Department are being downsized, federal law enforcement appears to be moving briskly in the opposite direction. …
Article • December 15, 1996 • from PLN December, 1996
Washington Prisoners Lose Computers, Again by Paul Wright In 1986 prisoners at the Washington State Reformatory in Monroe, WA were allowed to purchase computers and software and keep them in their cells. The program at its peak had some 56 prisoner computer owners in it. During this period the only …
Article • December 15, 1996 • from PLN December, 1996
Botched Escape Sparks Rebellion by [Editor's Note: There is no source PLN is aware of that keeps accurate statistics on the number of prison disturbances/rebellions. It is apparent to many who monitor prison news, including PLN, that the number of rebellions is on the rise. We attempt to cover them …
Article • December 15, 1996 • from PLN December, 1996
CRIPA Stays Not Appealable by The court of appeals for the ninth circuit held that district court orders which stay proceedings for a limited time to require exhaustion of prison administrative remedies pursuant to the Civil Rights of Institutional Persons Act (CRIPA), 42 U.S.C. § 1997e are not appealable. Two …
Article • December 15, 1996 • from PLN December, 1996
Update on Washington Money Seizure Suit by In the August, 1996, issue of PLN we reported the history and then current status of Wright v. Riveland, the class action suit challenging the constitutionality of Washington statute RCW 72.09.480, which allows the DOC to seize 35% of all funds sent to …
PI Granted on Winter Clothing Claim by Afederal district court in New York granted a preliminary injunction ordering prison officials to provide segregation unit prisoners with winter clothes in order for them to have access to outdoor exercise. Ronald Davidson, a New York state prisoner, filed suit challenging the inadequacy …
Article • December 15, 1996 • from PLN December, 1996
Motive in Denying Due Process Irrelevant by The court of appeals for the sixth circuit held that prison officials are liable for keeping a prisoner in administrative segregation without a hearing if they acted intentionally or with deliberate indifference; their motive in doing so is irrelevant. Gregory Howard, a Michigan …
Article • December 15, 1996 • from PLN December, 1996
PLRA Not Applicable to Appeals Filed before Passage by The court of appeals for the second circuit held that the Prison Litigation Reform Act's (PLRA) fee provisions did not apply to appeals submitted prior to its passage. The court also held that summary judgment rulings must be properly supported by …
Article • December 15, 1996 • from PLN December, 1996
Pro Se Tips and Tactics by John Midgley Prisoners who challenge jail or prison conditions or practices in a pro se lawsuit should be aware of the possibility of turning the case into a class action. In deciding whether to seek class treatment, you should consider both whether your case …
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