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New Mexico S.Ct Grants Asylum to Little Rock Reed by Timothy Reed, better known as Little Rock Reed, fled from Ohio parole authorities in 1993, ending up in new Mexico. Ohio filed extradition papers with New Mexico authorities, expecting Reed to be apprehended and returned to their custody. The New …
Gender Motivated Violence Act by In the December, 1994, issue of PLN we reported the enactment of the Gender Motivated Violence Act (GMVA), 42 U.S.C. § 13981 and suggested that prisoners and their attorneys consider using it in civil litigation for money damages. To date it does not appear that …
New York Prisoner Awarded $56,000 for Beating by U.S. Magistrate Judge Daniel Scanlon (Northern District, NY) ordered two guards at the Clinton Correctional Facility (CCF) in Dannemora, NY, to pay $56,000 in compensatory punitive damages to former CCF prisoner Nelson Cay to punish them for their "sadistic and savage beating" …
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. …
Race Requirement for Religion Struck Down by Afederal district court in Louisiana held that a prison rule allowing only ethnic Native Americans to engage in Native American Religious (NAR) practices was unconstitutional. Seven Louisiana state prisoners housed in a private prison operated by the Corrections Corporation of America (CCA) on …
Article • May 15, 1998 • from PLN May, 1998
Notes from the Unrepenitentiary by Laura Whitehorn Notes From The Unrepenitentiary By Laura Whitehorn The Jericho '98 rally in Washington, D.C. on March 27th was, I hope, a step in the direction of freeing all u.s.-held political prisoners and Prisoners of War. Vigorous action of all kinds both domestic and …
Article • May 15, 1998 • from PLN May, 1998
Jailhouse Travel Agents by Travel Wholesalers International, a travel agency based in Fairfax, Virginia, recruits workers in out-of-the-way places. The company employs 12 maximum-security prisoners at the Leath Correctional Institution, a women's prison in Greenwood, South Carolina. The prisoner-workers talk to clients over the phone, registering plane reservations and other …
DC Women Prisoners' Suit Settled by In the December 1995, June 1996 and September 1997 issues of PLN we reported the saga of Womens Prisoners of the District of Columbia DOC v. District of Columbia , which is cited in 877 F.Supp. 634, 899 F.Supp. 659, and 93 F.3d 910, …
Delay in Treatment for Jail Prisoner Actionable by Afederal district court in Mississippi held that disputed issues of fact involving claims by a jail prisoner that he was beaten by his cellmates required a trial to resolve. Emmett Davis was sentenced to 54 days in the Greenville, Mississippi, jail because …
Article • May 15, 1998 • from PLN May, 1998
$60,000 Judgement Against Florida DOC Reinstated by James Quigley A Florida appellate court reversed a trial court order setting aside a jury verdict against the Florida Department of Corrections (DOC) and granting the DOC a new trial. The court directed the lower tribunal to reinstate the jury award of $60,000 …
Damage Award and Attorney Fees in Censorship Suit Affirmed by The court of appeals for the eighth circuit affirmed a district court ruling awarding a prisoner $1 in damages and $500 in punitive damages against prison officials who censored racist religious publications pursuant to a "blanket ban" on such materials. …
Community Notification Upheld by Three Circuits by In the December, 1997, PLN we reported Doe v. Gregoire , 960 F. Supp. 1478 (WD WASH. 1997), wherein a district court ruled that Washington's "community notification" statute violates the ex post facto clause insofar as releasing information to the public regarding sex …
Article • March 15, 1998 • from PLN March, 1998
Peruvian Lawyers Arrested by Between November 18-21, 1997, in Lima, Peru, agents of the Peruvian political police, DINCOTE, arrested lawyers Ernesto Messa Delgado, Carlos Gamero Quispe, Luis Ramon Landaure and Teodoro Bendezu Montes. The arrestees' family members said they were given no reason for the arrests and noted that the …
Article • March 15, 1998 • from PLN March, 1998
Israeli Soldier Jailed for Refusing to Guard Palestinian Detainees by Yuval Lotem, a 40-year-old lieutenant in the Israeli Army reserve, like most Israeli men is called up for active duty several weeks a year. In early July 1997, Mr. Lotem was called to active duty and assigned guard duty at …
Kafka in the Desert: Palestinian Detainees Struggle by Imagine, if you will, an isolated prison in the desert. Surrounding the one conventional prison building is a large compound, divided into barbed wire enclosures, each holding several dozen prisoners in tents. The compound is walled in, and guarded by military police. …
Spanish Speaking Prisoners Entitled to Interpreters by In a wide ranging and extensive ruling a federal court in the District of Columbia held that by failing to provide interpreters to non English speaking Hispanic prisoners the DOC violated the plaintiffs' eighth and fourteenth amendment rights. As the first published ruling …
AZ Jail's Discriminatory Treatment of Muslims Requires Trial by The court of appeals for the ninth circuit held that a district court erred when it granted summary judgment to jail officials regarding claims of discriminatory treatment by a Muslim jail prisoner. Benjamin Freeman was held in the Maricopa county jail …
Article • March 15, 1998 • from PLN March, 1998
WSP Mail Rules Upheld by Joseph Allen filed suit challenging various aspects of the mail policy at the Washington State Penitentiary. After filing suit Allen did no discovery and when the defendants moved for summary judgment he did not bother responding. Not surprisingly, the court ruled against Allen. Surprisingly, the …
Article • February 15, 1998 • from PLN February, 1998
Iowa Prison Nurse Liable in Birthing by The court of appeals for the eighth circuit held a prison nurse was properly found liable for ignoring a prisoner's complaint that she was in labor. The appeals court affirmed an award of $1,000 in compensatory damages but vacated an award of $3,500 …
Deaf Prisoners in Washington Seek Class-Wide Relief by David C Fathi by David C. Fathi, Jeff B. Crollard and Leonard J. Feldman Lawyers representing two deaf prisoners in a lawsuit against the Washington Department of Corrections (WDOC) are seeking to broaden the suit into a class action on behalf of …
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