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CA ADA/RA Injunction Affirmed by In the September, 1997, issue of PLN we reported Armstrong v. Wilson , 942 F. Supp. 1252 (ND CA 1996) where a federal district court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § …
ADA and RA Suits Not Barred by 11th Amendment by The court of appeals for the ninth circuit held that the eleventh amendment does not bar suits under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131, or the Rehabilitation Act (RA), 29 U.S.C. § 794. Developmentally disabled prisoners …
ADA Applied to AR Jail by In the first ruling out of the eighth circuit on this issue, a federal district court in Arkansas held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to state correctional facilities. …
ADA Applies to State Prisons by A federal district court for Pennsylvania held that the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101-12213, applies to state prisons. This is the second recently published opinion in this case. The first, Saunders v. Horn , 959 F.Supp. 689 (ED …
ADA/RA Apply to FL Prison Gain Time Issues; Suit Settled by ADA/RA Apply To FL Prison Gain Time Issues; Suit Settled A federal district court in Florida held that the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C § 12101 et seq., and Rehabilitation Act of 1973 (RA), 29 …
Article • September 15, 1998 • from PLN September, 1998
Washington Felon Voting Suit Proceeds by In the October, 1997, issue of PLN we reported Farrakhan v. Locke , a lawsuit challenging the felon disenfranchisement provisions of the Washington state constitution which prohibit convicted felons from voting. The defendants filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6), arguing the suit …
U.S. Supreme Court Reverses Reed by In the July, 1998, issue of PLN we reported Reed v. State Ex Rel Ortiz , 947 P.2d 86 (NM 1997) where the New Mexico state supreme court affirmed a lower court ruling that granted asylum to former prison activist Timothy "Little Rock" Reed. …
Article • September 15, 1998 • from PLN September, 1998
ADA Roundup by After the U.S. Supreme Court granted review in Yeskey v. Pennsylvania DOC to decide whether the Americans with Disabilities Act (ADA) applied to state prisoners we stopped running articles on the ADA until the supreme court resolved this important question. Below are cases that were decided before …
Whitewash in Greene County by Mumia Abu-Jamal "There's an atmosphere created by (prison officials) in which this kind of thing has been going on for years. The attitude is, 'you're in Greene County now, boy.'" -- Randy Gauger, PA Prison Society, Eayette-Greene Chapter, ( PGH Post-Gazette , 4/26/98) Ahandcuffed man …
Article • August 15, 1998 • from PLN August, 1998
Notes from the Unrepenitentiary by Laura Whitehorn On June 1, Rosalind Simpson Moore-Bey died at home in Washington, D.C. To anyone who has passed through the D.C. Jail or CTF (Central Treatment Facility), Roz's name is not only familiar it is well-known. Her name is known, as well, to many …
Article • August 15, 1998 • from PLN August, 1998
Jericho '98 March and Rally by Between 5,000 and 7,000 people gathered in Washington, D.C. on March 27, 1998 to protest the Big Lie: The U.S. has no political prisoners. And like Joshua at the legendary battle of Jericho, the marchers circled the citadel of their foes -- the White …
Risk of Serious Harm States Claim by A federal district court in New York held that jail officials can be held liable for exposing jail detainees to a significant risk of serious harm, whether or not any injury actually occurs. The court also held that jail conditions intended to be …
Article • August 15, 1998 • from PLN August, 1998
STGMU-tized in New Jersey by T.R. On March 4, 1998, approxmately 170 NJ state prisoners were rounded up by the Special Operation Group (S.O.G.) and Internal Affairs, cameras in hand, and shipped to this [Northern State] prison. We were handed a memo signed by the Assistant Commissioner, Howard Beyers and …
Article • August 15, 1998 • from PLN August, 1998
Racism in the Ranks by Willie Wisely By W. Wisely Agroup of prison guards at the California Institute for Men, in Chino, call themselves SPONGE, an acronym for the "Society for the Prevention of Niggers Getting Everything." In Wasco prison, a guard wears a sheet over his head while working …
Article • August 15, 1998 • from PLN August, 1998
A Zoo Within a Prison by On April 18, 1998, a fleet of buses, trucks, and police cruisers rolled up to the SCC's subterranean asylum. It was moving day. Washington sex offenders have continually been snared by the civil commitment process since 1990. Because only one has been deemed "cured" …
Article • August 15, 1998 • from PLN August, 1998
WI Predator-Law Poster Boy Gets Released by On Halloween, 1973, nine-year-old Lisa French disappeared while trick-or-treating in Fond du Lac, Wisconsin. Gerald Turner, a neighbor and friend of the French family, was ultimately convicted of abducting, raping and murdering the girl. Dubbed the Halloween Killer, Turner languished in the maxi- …
Through the Civil Commitment Looking Glass by Tamara Menteer If the object or purpose of the Kansas [civil commitment] law had been to provide treatment but treatment were adopted as a sham or mere pretext, there would have been an indication of the forbidden purpose to punish . -- Justice …
Article • August 15, 1998 • from PLN August, 1998
WI Guard Settles Discrimination Suit for $105,000 by Ablack prison guard who filed a discrimination suit against the Wisconsin Department of Corrections agreed to a $105,000 settlement in December, 1997, shortly after a U.S. district court judge ruled the case would go to trial. An unusual term of the settlement …
Article • August 15, 1998 • from PLN August, 1998
Jericho: Thoughts From Political Prisoners in Leavenworth by Jaan Laaman JERICHO 98 -- as many people already know and we hope many more soon will know, is the nationwide March 27th rally in Washington DC, calling for the recognition and release of all political prisoners in America. Here are some …
Louima v. New York, NY, Complaint, Police Brutality, 1998 _....... . Case ". 1:98-cv-05083-SJ-CLP Document 1 Filed 08/06/98 Page 1 of 40 PageID #: 391 tr-- ... . lJNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK .: : n~ 1, rl C r :"' ·~ I _u '- 2 …
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