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Article • April 15, 1996 • from PLN April, 1996
Jury Not Waived in "Doubtful Situation" by The fifth circuit court of appeals held that a plaintiff's right to a jury trial is not waived unless the plaintiff was clearly informed that an evidentiary hearing before a magistrate would constitute a trial. Darrell McAfee, a Texas state prisoner, filed suit …
Article • April 15, 1996 • from PLN April, 1996
Oklahoma Pre-Parole Status Creates Liberty Interest by The court of appeals for the tenth circuit has held that Oklahoma's pre-parole conditional supervision program creates a due process liberty interest which mandates a hearing before prisoner's can be removed from it. This case is significant because it was decided in the …
Article • April 15, 1996 • from PLN April, 1996
Filed under: News, News in Brief
News in Brief by OH: On January 26, 1996, Hugh Smith, a prison guard at the Correctional Medical Center, was arrested and charged with having sex with prisoners. Smith was charged with the sexual battery of three female prisoners, the contacts were believed to have been consensual and occurred between …
$150,000 Jury Award in Beating Case Affirmed by The court of appeals for the second circuit held that a prisoner beaten and held in a strip cell was properly awarded $150,000 in compensatory and punitive damages by a jury. Donovan Blissett, a New York state prisoner, filed suit after Attica …
RFRA Applies to Retaliation Claims by A federal district court in Colorado has held that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b)(1) applies to prisoners' retaliation claims. John Hall, a Colorado state prisoner, filed suit under the RFRA and § 1983 claiming prison officials retaliated against him …
Article • April 15, 1996 • from PLN April, 1996
Prison Population Statistics Available by The annual BJS report on prison populations was released on Dec. 3, 1995. The number of state and federal prisoners grew by 89,707 during the 12 months ending June 30, 1995. It was the largest one-year population increase ever recorded in the U.S. The state …
Article • April 15, 1996 • from PLN April, 1996
From the Editor by Dan Pens We want to thank the Southern Poverty Law Center for awarding a $5,000 grant to PLN. We still need $30,000 over the next two years to fund what amounts to a full-time staff position. The $5,000 grant from SPLC will give us breathing room …
Contempt Ruling Against LA Prisoncrats by U.S. district judge Frank Polozola ruled that Louisiana Secretary of Corrections Richard Stalder and Angola Warden Burl Cain be held in contempt. He ordered them each to contribute $1,000 to a victim compensation fund. Stalder, Cain, other wardens, assistant wardens and assorted prisoncrats were …
Article • March 15, 1996 • from PLN March, 1996
Filed under: Sentencing, Three Strikes
Virginia Class Action Members Sought by In 1982 Virginia state lawmakers passed Section 53.1-151 (B1), dubbed the "3-Time Loser Law." The law was modified several times over the years. The most recent rewrite, in 1994, reads, "Any person convicted of three separate felony offenses of (i) murder, (ii) rape, or …
Seventh Circuit Discusses Sandin by In the August, 1995, issue of PLN we reported the supreme court's ruling in Sandin v. Conner , 115 S.Ct. 2293 (1995), which essentially gutted prisoners' right to due process in prison disciplinary hearings. Sandin opened up more questions than it purported to answer and …
Article • March 15, 1996 • from PLN March, 1996
Attorney Fees for Consent Decree Enforcement by The ninth circuit court of appeals partially reversed a district court ruling that use of 37mm gas guns was not appropriate for use on mentally ill prisoners and it affirmed an award of some $200,000 in attorney fees in monitoring a consent decree …
Article • March 15, 1996 • from PLN March, 1996
Pro Se Tips and Tactics (Individual and Official Capacity Suits) by John Midgley [Editor's Note : With this issue of PLN we would like to introduce a new feature that our readers should find useful. John Midgley is an attorney with the Institutional Legal Services Project of Columbia Legal Services …
Article • March 15, 1996 • from PLN March, 1996
How Many Times Do We Pay? by Jon Marc Taylor Across the country a litany of political voices have been raised demanding that prisons become tougher. One expediently popular way to achieve this punitive nirvana is to eliminate inmate "perks" such as televisions, weight lifting equipment and coffee pots. The …
Article • March 15, 1996 • from PLN March, 1996
Texas Medical Charge May Violate Due Process by Afederal district court in Texas has held that a prisoner's claim that he was wrongly charged for medical services should proceed to trial. Creighton Delverne is a convicted state prisoner who was awaiting transport to the state's prison system but was backlogged …
Article • March 15, 1996 • from PLN March, 1996
Filed under: Reviews, Resources, Organizing
Legal Materials Available by The Prisoners Self Help Legal Clinic (PSHLC) in New Jersey is a volunteer project of the ACLU and is made up of attorneys, former prisoner paralegals, law students, civil rights advocates and other members of the community who assist pro se prisoner litigants. The PSHLC's concept …
Article • March 15, 1996 • from PLN March, 1996
Transexuals Entitled to Treatment by The court of appeals for the tenth circuit has held that transsexual prisoners state a cause of action under the eighth amendment when they are not provided with any medical treatment by prison officials. The court also held that parties must be given notice when …
Qualified Immunity for ADA Suit by The court of appeals for the fourth circuit ruled that Virginia prison officials were entitled to qualified immunity from an obese prisoner's suit filed under the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA). The court went into extensive detail discussing the …
Case Updates by Women Prisoners : In the November, 1995, edition of PLN we reported the appeal court's decision in Pargo v. Elliot , 49 F.3d 1355 (8th Cir. 1995) in which the appeals court reversed and remanded the case for the lower court to determine whether women prisoners in …
Article • March 15, 1996 • from PLN March, 1996
Fact Disputes Not Immediately Appealable by The court of appeals for the eighth circuit has ruled that it lacks jurisdiction to hear interlocutory appeals by prison officials challenging the sufficiency of the evidence against them. Milton Sanders, a Missouri state prisoner, filed suit claiming his eighth amendment rights were violated …
Article • March 15, 1996 • from PLN March, 1996
Filed under: International, Immigration
Washington State Sues Over Aliens by The state of Washington filed suit in federal district court on November 22, 1995. The suit seeks an injunction which would force the federal government to take all of Washington's 760 illegal alien prisoners (about 7% of the state's prison population) and house them …
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