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Article • April 15, 1999 • from PLN April, 1999
Seventh Circuit Defines Court Access Claims Involving Property by The court of appeals for the Seventh circuit held that prisoners cannot base court access claims on the loss of property unless that loss results in an ongoing hindrance or actual injury to an underlying claim. The court also discussed pleading …
PLN Writer Settles Nude Photo Suit for $3,000 by On June 2, 1998, a Florida prisoner and Assistant Attorney General struck a settlement deal in the midst of a federal trial. The prisoner regained possession of two nude photos confiscated by DOC officials in 1993 and received approximately $3,000 in …
Strip Searched Massachusetts Women Settle Suit for $80,000 by On December 12, 1997, the Massachusetts DOC settled a lawsuit filed by women prisoners for a total of $80,000 plus attorney fees. The class action suit was filed in Suffolk county superior court on behalf of 112 female prisoners by Massachusetts …
Struggling Against the Death Machine by Dan Pens Imagine your entire life concentrated within one tiny cage. Twenty-four hours, by seven days, times three-hundred sixty-five. The state of Pennsylvania owns the cage. Everything you own, everything you do, is squeezed into that suffocating space. There is nothing else. The State …
Discriminatory Policy Enforcement Actionable by The court of appeals for the eighth circuit held that the discriminatory enforcement of prison policies is actionable as an equal protection violation. William Foster is a black Missouri state prisoner. A prison policy required that all electronic equipment be bought from the prison commissary. …
Article • April 15, 1998 • from PLN April, 1998
Florida Prisoners Have Property Interest Under DOC Rules by A Florida appellate court held that Title 33 of the Florida Administrative Code, the rules of the Florida Department of Corrections (DOC), affords Florida state prisoners a vested right to possess property insofar as the property was authorized and the prisoner …
Article • April 15, 1998 • from PLN April, 1998
U.S. Liable for Loss of Prisoner's Property by Afederal district court in Kansas held that federal prisoners can properly seek damages for the negligent loss of their property by prison employees pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), 2671, et seq. Warren Melvin, a federal …
Ohio Death Row Uprising by In the November '97 PLN , we reported "Tensions Rise in Ohio Prisons." Our coverage of the September 5, 1997 uprising on Ohio's death row at the Mansfield Correctional Institution (MANCI) was based entirely on published press reports, and as such was woefully inadequate. PLN …
Turning the Screws in California by Willie Wisely by W. Wisely Each year, the California Department of Corrections asks the Legislature for an ever-increasing piece of the state's tax pie based in part on claims that violence in the prison system is increasing. The truth is, violent incidents inside have …
Article • January 15, 1998 • from PLN January, 1998
Motion for Seized Property Subject to PLRA Fee by The court of appeals for the fifth circuit held that a federal prisoner's motion for the return of seized property period had run. The district court did not reconsider its ruling. The court of appeals vacated and remanded. The appeals court …
Arizona Holiday Package Decree Modified by In the June, 1997, issue of PLN we reported the lengthy, tortured history of efforts by the Arizona DOC to eliminate holiday packages [On the Edge of Midnight]. The ruling cited in that article, Hook v. State of Arizona, 98 F.3d 1177 (9th Cir. …
Article • September 15, 1997 • from PLN September, 1997
No Right to TV or Radio by A federal district court in Mississippi upheld a state statute prohibiting prisoners from using televisions or radios. In the January, 1995, issue of PLN we reported the enactment of Miss. Code Ann. § 47-5-124 which states: "No convict incarcerated in a state correctional …
DC Circuit Creates New Immunity Rule: Supreme Court Grants Review by The court of appeals for the DC circuit, on rehearing en banc, overruled prior circuit precedent by holding that a civil rights plaintiff is no longer required to plead a government official's unconstitutional intent with specific discernible facts or …
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 …
Zimmer Amendment Passed by When president Bill Clinton signed the budget for the Department of Justice it included a rider inserted by Congressman Dick Zimmer (R-NJ). In its entirety it states: "None of the funds made available in this Act shall be used to provide the following amenities or personal …
Fifth Circuit to Require Administrative Exhaustion by In two separate rulings the fifth circuit affirmed dismissal of prisoners' section 1983 suits for failure to exhaust administrative remedies (i.e. the prison grievance procedure). In doing so, the court significantly expanded previous supreme court rulings that had held such exhaustion could only …
Article • December 15, 1995 • from PLN December, 1995
Prisoners Entitled to Rely on Marshalls for Service by The court of appeals for the sev enth circuit has extended prior rulings and held that state prisoners are entitled to rely on the Marshalls service to serve their lawsuits on prison officials. The Marshall's failure to properly serve prison officials …
AZ Court Affirms Food Packages by In an Order dated April 7, 1995, United States District Judge C.A. Muecke ruled in Hook v. Arizona, No. CIV 73-97 PHX CAM, that Arizona inmates will continue to receive three 25 pound food packages at Christmas. Arizona inmates will also be allowed once …
Article • January 15, 1995 • from PLN January, 1995
Frivolous Litigation by People hear the term "frivolous" litigation and what comes to mind are the guys who sue over a train whistle keeping them awake at night in prison. All too often prisoners seeking justice don't find any, not because their claims are frivolous but because they are too …
MS Bans Appliances by In August, 1994, the Mississippi state legislature held a special session to deal with prison overcrowding. Rather than deal with that issue, the legislature soon became embroiled in a debate on how to worsen prison conditions even more. Proposals were made to "restore fear to prison," …
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