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Texas Settles with Hanged Prisoner's Family by The state of Texas agreed in June 1999 to pay $215,000 to settle a lawsuit filed by the family of Rodney Hulin, a 17-year-old Texas state prisoner who was found hanging in his cell in 1996. About 30 days after arriving at the …
PLRA Attorney Fee Limits Not Retroactive in Second Circuit by The court of appeals for the Second Circuit held that the Prison Litigation Reform Act's (PLRA) attorney fee provisions do not apply to fee awards made after the law's enactment when representation began before the PLRA's enactment. Donovan Blissett, a …
Wreaking Medical Mayhem in Washington Prisons by Tara Herivel In 1993, prisoner Gertrude Barrow crawled to the clinic at the Washington Corrections Center for Women. Her peptic ulcer ruptured, Barrow's requests for treatment had been dismissed by health care staff who diagnosed her ulcer as a bad case of gas. …
Article • August 15, 1999 • from PLN August, 1999
BOP Erred in Denying Early Release Eligibility by Afederal disctrict court in Oregon granted habeas corpus relief to two federal prisoners who challenged the Bureau of Prisons' (BOP) denial of early release eligibility. In 1994 Congress enacted the Violent Crime Control and Law Enforcement Act which amended 18 U. S. …
AA Probation Requirement Continues to Violate Establishment Clause by In a long running case, the court of appeals for the Second circuit held that requiring an atheist to attend Alcoholics Anonymous (AA) meetings as a probation condition, violates the establishment clause of the First amendment to the U.S. constitution. Robert …
Article • July 15, 1999 • from PLN July, 1999
Filed under: Reviews, Mental Health
The Mentally Disordered Inmate and the Law, by Fred Cohen (Book Review) by Paul Wright Civic Research Institute, 578 pp. Reviewed by Paul Wright With the steady criminalization of mental illness over the past thirty years, prisons and jails now hold hundreds of thousands of mentally ill prisoners. Conservative estimates …
Private Prison Guard Is State Actor for § 1983 Purposes by Private Prison Guard is State Actor for § 1983 Purposes Afederal district court in New Mexico held that a guard employed by Corrections Corporation of America was a "state actor" acting under "color of state law" when he allegedly …
Guard Guilty of Penis Stomping by Afederal district court in Buffalo categorically rejected a jail guard's post-trial motions in a criminal proceeding, in which he was found guilty of violating a prisoner's Eighth Amendment rights. John Walsh was a lieutenant at the Orleans County (NY) jail. He weighed 400 pounds …
Article • July 15, 1999 • from PLN July, 1999
$660,000 Awarded in Post-Sandin Segregation Suit by On February 26, 1999, a federal jury in Rochester, New York, awarded New York state prisoner David McClary $660,000 in damages after finding he was improperly held in administrative segregation for over four years. In the March, 1999, issue of PLN we reported …
Article • June 15, 1999 • from PLN June, 1999
Corcoran Prisoner Left Hanging by During a 3 a.m. bed check, a Corcoran (Calif.) State Prison guard spotted a prisoner dangling from a noose in a darkened corner of his ad-seg cell. But rather than pop open the cell door and determine whether he was dead or alive, prison guards …
Prison Madness, by Terry Kupers, MD (Book Review) by Dan Pens Jossey-Bass, 1999 Reviewed by Dan Pens Ted Kaczynski is clearly mentally ill. So said six psychiatrists who told the court that the infamous Unabomber is an acutely psychotic paranoid schizophrenic. In addition to being quite mad, Kaczynski possesses a …
Mitigation Instruction and Excluding Indemnification Evidence Reversible Error by The court of appeals for the Seventh circuit held that a district court erred when it did not allow a jail detainee plaintiff to introduce evidence of a state indemnification statute after the defendants told a jury that a damages verdict …
Article • June 15, 1999 • from PLN June, 1999
Felon Possession of Firearm Nonviolent Offense by The court of appeals for the Sixth Circuit held that possesion of a firearm by a previously convicted felon is a "nonviolent offense," and federal prisoners who are otherwise eligible for one-year sentence reductions under the "Comprehensive Drug Abuse Treatment Program" (Program) are …
Suicides Plague Florida Women's Prison by Alex Friedmann Florence Krell, a 40-year-old mother of two serving an 18-month sentence for grand theft after she failed to return her boyfriend's rental car, hanged herself from her cell door at the Jefferson Corr. Institution on October 11, 1998. She had been at …
Trouble in Mind: ADX – The Fourth Year by Ray Luc Levasseur for Skip Martin "I will hold the candle, til it burns down my arm, I'll keep taking punches until their will grows tired, I will watch the sundown until my eyes go blind, oh I will make my …
Denial of Handicapped Jail Facilities Set for Trial by The court of appeals for the Ninth circuit held that a handicapped detainee was entitled to a trial to prove jail conditions were unconstitutional in light of his disability. On remand, the lower court was instructed to consider whether the plaintiff …
Article • April 15, 1999 • from PLN April, 1999
The Mental Torture of American Prisoners: Cheaper Than Lab Rats, Part 2 by Hans Sherrer The use of prisoners in medical experiments didn't begin or end with the radiation experiments conducted on them from the 1940's to the 1970's. [See: Part I - Can Prisoner's Glow in the Dark? ,PLN …
Article • March 15, 1999 • from PLN March, 1999
Florida Nicotine Addiction Suit Settled by The cover story in the January, 1998, issue of PLN , "Smoking, Lies and Hypocrisy," by Paul Wright, mentioned the case of Thomas Waugh. Waugh, a Florida prisoner, had sued Florida prison officials for failing to provide him with any type of treatment to …
Kansas Good Time Rules Violate Ex Post Facto by The Kansas supreme court held that application of new prison rules that allow for the forfeiture of good time credits to prisoners convicted before the rule's implementation violates the ex post facto clause of the U.S. constitution. In a second cae, …
Victim of Guard Rape Awarded $50,000 by The court of appeals for the Eighth Circuit held that a continuing, widespread, and persistent pattern of sexual activity between the guards and prisoners of the Jackson County (Missouri) jail, coupled with the county's custom of inaction towards allegations of sexual misconduct by …
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