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New Retaliation Standard Defined by In a case of first impression, the Court of Appeals for the Third Circuit has defined a prisoner's burden of proof in a retaliation claim. Prisoner Henry Rauser sued Pennsylvania Department of Corrections (PDOC) officials after they retaliated against him for exercising his right to …
Article • March 15, 2002 • from PLN March, 2002
NCIA Report Finds Prison Race Statistics Distorted by A report released in May 2001, says that Hispanic/Latino prisoners are often classified in a variety of racial categories, which results in a distortion of prison statistics reporting the racial composition of American prison populations. The research report, Masking The Divide: How …
Article • March 15, 2002 • from PLN March, 2002
$1,500 for Failure to Assist Disabled Prisoner by $1,500 for failure to assist disabled prisoner In 1999, Ronald Christner was confined at the AHCC. Mr. Christner is disabled and requires assistance in attending to his personal hygiene needs. On August 8, Mr. Christner was given a bath by AHCC nursing …
You're in the Hole: A Crackdown on Dissident Prisoners by Anne-Marie Cusac It was September 19, 2001. Elizabeth McAlister had not heard from her husband, Philip Berrigan, in more than a week. Such silence on Berrigan's part was "most unusual," she says. Convinced that something was wrong, she telephoned the …
Article • February 15, 2002 • from PLN February, 2002
From the Editor by Paul Wright This month's cover reports on the Bureau of Prison's (BOP) crackdown on leftist dissident prisoners in the wake of the September 11, 2001, attacks. A number of PLN subscribers, including our own columnist, Marilyn Buck, have been affected by this. We will continue to …
Qualified Immunity Granted at Summary Judgment Stage in Prison Shooting Suit by John E Dannenberg The Ninth Circuit U.S. Court of Appeals held that California prison guards who shot one prisoner in the neck during a yard riot, while allegedly aiming at another prisoner, were entitled to qualified immunity from …
Article • February 15, 2002 • from PLN February, 2002
Washington Department of Corrections' Address Requirement Illegal by The Washington Court of Appeals has held that the Washington Department of Corrections (DOC) lacks statutory authority to require a prisoner to obtain a preapproved residence location and living arrangement prior to release unless that condition was imposed by the sentencing court. …
Jail Not a Dwelling Under Federal Housing Act by A federal district court in New Mexico ruled that a city jail is not a dwelling for purposes of the Fair Housing Act (FHA) and granted defendants' motion for dismissal of plaintiff's claim of sexual discrimination in the provision of housing. …
Vague Confidential Information and Gang Allegations Held Insufficient to Justify Close Custody Ruling by John E Dannenberg Connecticut prison authorities' non-specific allegations regarding "past gang affiliation" and "vague [confidential] information" were found to be insufficient to provide due process to inform the basis for an adverse administrative housing hearing, the …
Texas Gives $2 Million to Proselytizing Prison Program by by Matthew T. Clarke The Texas Legislature appropriated an additional $1.5 million to expand the Interchange Freedom Initiative (IFI) to include prisoners who expect to be paroled to the DallasFort Worth area. Sponsored by Prison Fellowship Ministries, an organization founded by …
Tarrant County (Texas) Jail's 'God Pod' Unconstitutional by by Matthew T. Clarke The Texas Supreme Court has held that the Chaplain's Education Unit (CEU) at the Tarrant County Jail unconstitutionally violates the separation of church and state. In 1992, former Tarrant County (Texas) Sheriff David Williams initiated the CEU program, …
Article • January 15, 2002 • from PLN January, 2002
Denial of Clothing to Arrestees States Claim for Relief; Suit Settles for $31,500 by A Michigan Federal District Court has ruled that arrestees detained in a city jail without any clothing or covering for between six and eighteen hours as a suicide prevention method, with limited exposure to viewing by …
Arizona CCA Prison Found 'In Turmoil' by Ronald Young Hawaii officials found a prison "in turmoil" while inspecting a Florence, Arizona prison where about 560 Hawaii prisoners are being warehoused. The prison is operated by Nashville based Corrections Corporation of America. An inspection of the prison conducted in April 2001 …
Washington Enacts Sweeping New Sentencing Laws, Creates Parole Board for Sex Offenders by Lonnie Burton Washington Governor Gary Locke recently signed into law the biggest changes to that state's sentencing laws since the Sentencing Reform Act of 1984 (SRA) was established. The Bill, known formally as Third Engrossed Substitute Senate …
ADA Claims Against State Cannot Proceed in Federal Court by John E Dannenberg ADA Claims Against State Cannot Proceed In Federal Court In a suit against an Illinois prison brought under the Americans with Disabilities Act (ADA), a prisoner with impaired vision was denied monetary, declaratory, and injunctive relief in …
Article • December 15, 2001 • from PLN December, 2001
Florida DOC Clears Itself of Racism Charges by The September 2001 issue of PLN reported on a series of lawsuits filed by black prison employees against the Florida Department of Corrections, as well as racist brutality by Florida prison guards. Florida DOC Secretary Michael Moore at the time promised to …
Race-Based Religious Policy Unconstitutional by The Court of Appeals for the Fourth Circuit has held that prison officials' denial of Native American religious items to a non-Native American prisoner based solely upon his race violates the Equal Protection Clause of the Fourteenth Amendment. Virginia prisoner Gary David Morrison, Jr., filed …
Article • December 15, 2001 • from PLN December, 2001
Connecticut and Florida Change Felon Disenfranchisement Laws by Connecticut and Florida take different approaches as they address the disenfranchisement of convicted felons. In Connecticut, state lawmakers, after intense debate and much legislative maneuvering, passed a bill that gives back the right to vote to convicted felons on probation. In a …
Texas Jury Awards $70,000 in Prison Stabbing by Ronald Young In May 2001, a federal court jury in Corpus Christi, Texas, held three Texas prison officials responsible for a 1997 attack during which a prisoner at the McConnell Unit was stabbed about a dozen times by another prisoner who had …
Jury Awards Imprisoned KKK Member $55,000 in Texas Jail Beating by On July 19, 2000, a federal jury in Houston, Texas, awarded a Ku Klux Klan member damages totaling $55,000 after he was beaten by black prisoners with whom he was forced to share a cell. Larry Webster, 42, was …
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