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Article • December 15, 1996 • from PLN December, 1996
Black Prison Movements by Review by Daniel Burton-Rose This impressive offering from the Network of Black Organizers (NOBO) provides coverage of many of the issues confronting Black and New Afrikan prisoners and their outside communities. A large portion of the writings are by political prisoners and POWs past and present, …
Article • December 15, 1996 • from PLN December, 1996
PLRA Not Retroactively Applicable to Special Masters by A federal district court in California held that the Prison Litigation Reform Act's (PLRA) provisions limiting the source and amount of payment to special masters appointed to monitor compliance with court orders did not apply to special masters appointed prior to the …
Article • December 15, 1996 • from PLN December, 1996
PLRA Stay Provision Held Unconstitutional by In two separate rulings different judges in Michigan held that the stay provisions of the Prison Litigation Reform Act (PLRA), codified at 18 U.S.C. § 3626(e) are unconstitutional. Among the PLRA's provisions to section 3626(e) which provides that "Prospective relief subject to a pending …
Article • December 15, 1996 • from PLN December, 1996
Iowa DOC Shake-Up by Michael Brant The Iowa DOC administration under director Sally Chandler Halford is taking a "get tough" position against prisoners. Up for a tough reconfirmation next year by the senate, the director plans to shake-up the whole system in the wake of recent incidents within the Iowa …
Article • December 15, 1996 • from PLN December, 1996
Filed under: Sentencing, Three Strikes
Analysis of People v. Romero by On June 20, 1996, the California Supreme Court decided People v. Romero (1996) 13 Cal.4th 497, 917 P.2d 628, 65 USLW 2017, 96 Daily Journal DAR 7229. The question posed in the case was whether trial judges retained discretion to strike prior felony convictions …
Article • December 15, 1996 • from PLN December, 1996
A Matter of Fact by There are 1.5 million private security guards employed in the U.S., outnumbering police three to one. Communities, individuals, and businesses spent $52 billion on private security in 1990, twice the amount of tax revenues going to police. The crime rate dropped 4 percent overall in …
Article • December 15, 1996 • from PLN December, 1996
Attorney Fees Awarded in Smoking Suit by A federal district court in Nebraska awarded a prisoner plaintiff $8,346 in attorney fees and $2,952 in expenses in a suit challenging Nebraska state prisoners' exposure to Environmental Tobacco Smoke (ETS, also known an second hand smoke). This to the first published case …
Article • December 15, 1996 • from PLN December, 1996
Transportation Costs Can't Be Imposed on Losing Plaintiffs by The court of appeals for the seventh circuit affirmed a district court ruling holding an unsuccessful prisoner plaintiff was not liable for costs incurred in transporting him and his witnesses to trial. Bill Sampley, a PLN supporter, and Michael Holland are …
Article • December 15, 1996 • from PLN December, 1996
Hungry for Justice in L.A. Jail by More than 50 detainees at the Men's Central Jail in Los Angeles participated in a hunger strike, protesting a lack of legal reference materials and law library access, in August 1996. The hunger strike appears to have been confined to one section of …
Article • December 15, 1996 • from PLN December, 1996
Filed under: News, News in Brief
News in Brief by CA: Former L.A. Rams cornerback Darryl Henley and Metropolitan Detention Center (MDC) guard Rodney Anderson were indicted in June, 1996, on charges of conspiring to kill federal judge Gary Taylor and former Rams cheerleader Tracy Donoho. The indictment states that Anderson smuggled a cellular phone into …
Article • December 15, 1996 • from PLN December, 1996
Texas Guard Cleared in Controversial Shooting by Last month PLN reported "In Harm's Way: Texas Prisoner Killed," about the fatal shooting of 21-year-old prisoner Daniel Miguel Avellaneda by 35-year-old French Robertson Unit prison guard Neal Harms. Six weeks and one day after the July 8 shooting, a Jones County grand …
Article • December 15, 1996 • from PLN December, 1996
From the Editor by Dan Pens Welcome to another issue of PLN . If you read these editorials often, you've no doubt noticed that we usually mention that PLN is entirely reader supported and we need donations from you. Somehow you always manage to send "just enough." And we manage …
Article • November 15, 1996 • from PLN November, 1996
Filing Fee Requirement Not Retroactive by The court of appeals for the tenth circuit held that the Prison Litigation Reform Act (PLRA) did not have retroactive effect as applied to filing fees for indigent litigants. David White, a Colorado state prisoner, filed suit after he was denied access to a …
Article • November 15, 1996 • from PLN November, 1996
The Pelican Bay Factor by Abdul Olugbala Shakur [Editors' Note: The author submitted this manuscript in May of 1996. Because of our article backlog and space limitations we are only now printing it. The issues outlined in this article, however, have since received coverage in the mainstream press. We regret …
Article • November 15, 1996 • from PLN November, 1996
Louisiana Prison System Back Under Court Supervision by The court of appeals for the fifth circuit affirmed a district court order which vacated a prior order terminating the court's jurisdiction over a consent decree governing the Louisiana prison system. In doing so the appeals court held that the Prison Litigation …
Article • November 15, 1996 • from PLN November, 1996
Eight Corcoran Guards Fired, Five Reinstated by On the morning of May 15, 1995, five prisoners at the Calipatria state prison stormed an A Facility program office and stabbed a sergeant. Other guards rushed to help and a wild brawl ensued. Eight guards were injured in the melee. [See: 'CA …
Article • November 15, 1996 • from PLN November, 1996
Three Strikes Applied by The court of appeals for the seventh circuit discussed the application of the Prison Litigation Reform Act's (PLRA) provision requiring full payment of filing fees after three suits have been dismissed as frivolous, malicious or failing to state a claim upon which relief can be granted. …
Gas Chamber Found Unconstitutional by The court of appeals for the ninth circuit affirmed a lower court ruling that held the California gas chamber was an unconstitutional form of execution that violated the eighth amendment. In the November, 1995 issue of PLN we reported Fierro v. Gomez, 790 F. Supp. …
Article • November 15, 1996 • from PLN November, 1996
WSR Smoking Suit Settled by In 1991 prisoners at the Washington State Reformatory (WSR) in Monroe, WA, filed suit challenging their forced exposure to Environmental Tobacco Smoke (ETS), AKA second hand smoke. On February 13, 1996, the suit was settled. The essence of the settlement was that WSR would implement …
Article • November 15, 1996 • from PLN November, 1996
Prison Tragedy Results in Settlement by A 28 year old ex-convicted murderer, Troy Christian, (who was released from prison in March 1993 at 24), received a $1.5 million settlement for being permanently disabled, both mentally and physically, due to California Correctional Facility (CCF) and the California Medical Facilities (CMF) inadequate …
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