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Article • November 15, 1996 • from PLN November, 1996
PLRA Filing Fees Don't Apply to Habeas Petitions by The court of appeals for the second circuit has held that the Prison Litigation Reform Act's (PLRA) imposition of filing fee payment obligations on civil actions filed by prisoners do not apply to habeas corpus petitions. While federal habeas corpus petitions …
Macing and Restraints State Eighth Amendment Claim by The court of appeals for the fourth circuit held that not allowing a prisoner to wash after being maced and placing him in four point restraints created a fact question requiring a trial to determine if his eighth amendment rights were violated. …
Article • November 15, 1996 • from PLN November, 1996
PLRA Applied Retroactively to Filing Fees by The court of appeals for the second circuit held that the Prison Litigation Reform Act's (PLRA) provisions requiring payment of filing fees applies retroactively to civil appeals filed by indigent pro se prisoners before the PLRA's enactment. The case involves four unrelated prison …
Satanist Claim Goes to Trial by A federal district court in New York held that prison officials failed to show any legitimate penological interest in denying a Satanist the right to practice his faith in prison. Alfredo Ramirez is a New York state prisoner and a Satanist. He filed suit …
Article • November 15, 1996 • from PLN November, 1996
Guard Caught Holding the Knife by A former Pontiac Illinois prison guard, Rick Householder, 41, was convicted on June 25, 1996 of possessing a homemade knife. Householder, who was once named "Officer of the Year" for his skill at finding contraband weapons, was convicted of possession of contraband in a …
Article • November 15, 1996 • from PLN November, 1996
Nevada Prisoners Have Liberty Interest in Disciplinary Hearings by A federal district court in Nevada held that Nevada state law creates a liberty interest for prisoners accused of disciplinary misconduct. After the US supreme court decided Sandin v. Connor, 115 S.Ct. 2293 (1995) the question of whether a prisoner retains …
Article • November 15, 1996 • from PLN November, 1996
Ohio "Eases" Prison Overcrowding by On June 30, 1996, Ohio had the second- or third-most overcrowded prison system in the country with prisoners packed in at 170.1 percent of capacity. At the stroke of midnight, however, like magic, that figure dropped to 138.3 percent, placing the state eighth or ninth …
Article • November 15, 1996 • from PLN November, 1996
No Right to Unmonitored Prison Calls by The court of appeals for the ninth circuit held that pretrial detainees and prisoners retain no statutory or constitutional right to privacy in their outgoing phone calls. From the outset readers should note this is a criminal case, not a civil rights action …
Article • November 15, 1996 • from PLN November, 1996
Prior Frivolous Suits Count for PLRA by The court of appeals for the tenth circuit held that writs of mandamus fall within the scope of filing fee requirements imposed by the Prison Litigation Reform Act (PLRA), Public Law 104-134, 110 Stat. 1321 (April 26, 1996). The court also held that …
Article • November 15, 1996 • from PLN November, 1996
State Moves to Lift Federal Court Order at Washington State Penitentiary by David C Fathi by David Fathi The State of Washington has filed a motion to vacate a long-standing federal court order in Hoptowit v. Ray, which governs conditions at the Washington State Penitentiary at Walla Walla. Whether the …
Article • November 15, 1996 • from PLN November, 1996
PLRA Application to Mandamus Discussed by The court of appeals for the second circuit held that the filing fee requirements of the Prison Litigation Reform Act (PLRA) apply to writs of mandamus filed in civil cases but not in criminal proceedings. Paul Nagy is a detainee undergoing criminal trial in …
Article • November 15, 1996 • from PLN November, 1996
Texas Taxes Spent on DCJ Luxuries by Cosmetic improvements were made on a state-owned house in Huntsville - home of a Texas prison official - at public expense. The house is one of the 870 prison houses that the state owns and provides for Texas Department of Criminal Justice executives …
Overview by National Prison Project by the National Prison Project [Editor's Note: In the July, 1996, issue of PLN we reported enactment of the Prison Litigation Reform Act (PLRA) into law. The PLRA was aimed at substantially reducing prisoners' ability to petition the courts as well as eliminating the courts' …
Article • November 15, 1996 • from PLN November, 1996
Disciplinary Records Inadmissible Evidence by The court of appeals for the second circuit vacated a jury verdict in favor of prison guards holding that the prisoner plaintiff's prison disciplinary record should not have been admitted as evidence. Christopher Hynes, a New York state prisoner, filed suit claiming prison guards chained …
Article • November 15, 1996 • from PLN November, 1996
2nd Circuit Applies PLRA to IFP Litigants by In the July, 1996, issue of PLN we reported the passage of the Prison Litigation Reform Act (PLRA) which significantly changed the manner in which indigent prisoner litigants filed civil suits and appeals. In the first circuit court ruling to extensively discuss …
The Fundamental Right of Self-Defense in Prison by Robert F Nelson by Robert F. Nelson [Editor's Note: In 1994 the court of appeals for the seventh circuit decided Rowe v. DeBruyn, 17 F.3d 1047 (7th Cir. 1994) which held that an Indiana state prisoner had no constitutional right to self-defense …
Article • November 15, 1996 • from PLN November, 1996
Criminal Injustice: Confronting the Prison Crisis by Daniel Burton-Rose Review by Daniel Burton Rose This collection is an excellent primer on many of the issues and struggles currently being waged by prisoners and their supporters. Previously distributed in prison activist circles as With the Power of Justice in our Eyes, …
Criminal Prosecutors Get Their Day In Court by In March 1996, U.S. District court judge Sandra Brown Armstrong, in Oakland, California, dismissed "with prejudice,'' the criminal charges against four Dublin, California federal prisoners because of what she termed "serious misconduct" by prosecutors. On February 5, 1996, judge Armstrong issued a …
Article • November 15, 1996 • from PLN November, 1996
Filed under: Work, Prison Industries
Prison Labor and Private Profit by Adrian Lomax Wall Street wheeler-dealer Irwin Jacobs, known as "Irv the Liquidator" for his leveraged-buyout exploits in the 1980s, is always looking to turn a profit. One of his current business ventures refurbishes and repackages items that customers have returned to retail stores. When …
Article • November 15, 1996 • from PLN November, 1996
Notes from the Unrepenitentiary by Laura Whitehorn I've been thinking a lot about Attica, as we pass the 25th anniversary of the rebellion and the massacre. Remembering how the courage of the men of D Yard transformed all our sorrow and anger at the assassination of George Jackson into energy, …
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