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Bureau of Prisons Gag Rule Enacted by Effective June 20, 1997, the Department of Justice and its Federal Bureau of Prisons (BOP) enacted changes to 28 CFR (chapter V, subchapter A, Part 501) governing general management and administration of BOP prisons. The new rules allow the federal government to target …
DC DOC Official Convicted of Contempt by The court of appeals for the District of Columbia Circuit affirmed the criminal contempt conviction of District of Columbia official Sylvia Young. Young was convicted after she harassed and retaliated against women DOC employees who had filed suit claiming that sexual harassment and …
Article • December 15, 1997 • from PLN December, 1997
Washington Sex Offender Notification Enjoined by The federal district court for the western district of Washington has issued a preliminary injunction enjoining the state from retroactively applying the provision of Washington's Community Protection Act of 1990 calling for the "community notification" of recently released sex offenders. The plaintiff, identified only …
Eleventh Circuit Approves and Applies the PLRA by James Quigley By James Quigley The court of appeals for the eleventh circuit held that the provisions of the Prison Litigation Reform Act (PLRA) apply to cases pending prior to its enactment; that the filing fee requirements of the Act do not …
Americans with Disability Act Applies to Jails by In two separate rulings, federal district courts in Ohio and Michigan held that the Americans with Disabilities Act (ADA) 42 U.S.C. § 12131 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to county jails. Leonard Raufman was imprisoned in the …
Uprisings in New York State Prisons by Julia Lutsky By Julia Lutsky Brutality by guards lay behind a major uprising at the Mohawk Correctional Facility in upstate New York in July 1997. Josea Benefield, a 22 year-old African-American prisoner in solitary confinement was reported to have hung himself with a …
Knowledge of Risk May Establish 8th Amendment Liability by The court of appeals for the sixth circuit held that a prison investigator's report indicating a prisoner was at risk of attack was sufficient to establish eighth amendment liability on the part of supervisory prison officials, if they read it. The …
The Abuse of U.S. Women Prisoners by Julia Lutsky It is really like this dirty little secret that everyone in corrections knows about and doesn't want to talk about. It is a huge problem." The words are those of Brenda Smith, senior counsel of the National Women's Law Center quoted …
Article • December 15, 1997 • from PLN December, 1997
Peruvian Prisoners Rebel by Dan Axtell By Dan Axtell On June 20, 1997, over 5,000 prisoners in Lurigancho prison in Peru took over the prison during the course of a riot. According to Peruvian congressman Daniel Espichán Tumay, the riot was triggered by overcrowding, outcry over illegal transfers, and bad …
PLRA Exhaustion Requirement Jurisdictional by A federal district court in Arizona held that the PLRA's administrative exhaustion requirement, codified at 42 U.S.C. § 1997e(a), requires prisoners to exhaust administrative remedies and the failure to do so deprives the court of subject matter jurisdiction. Dallas Morgan, an Arizona state prisoner, filed …
Article • November 15, 1997 • from PLN November, 1997
Notes from the Unrepenitentiary by Laura Whitehorn Pick up your trumpet, raise your voice: it's time to make noise. 1998 will see two important efforts to win the release of all u.s.-held political prisoners and prisoners of war. These efforts need the support of all justice loving people, all those …
Fear Alone Doesn't Violate Eighth Amendment: No Immunity for Retaliation by The court of appeals for the seventh circuit held that a prisoner's fear of being attacked, by itself, does not violate the eighth amendment. The court also held that prison officials who retaliate against prisoners who complain about prison …
Article • October 15, 1997 • from PLN October, 1997
Felon Disenfranchisement Laws Challenged in Washington by In the January and December, 1996, issues of PLN we reported Baker v. Cuomo, 58 F.3d 814 (2nd Cir. 1995) and Baker v. Pataki, 85 F.3d 919 (2nd Cir. 1996)(en banc) in which New York state prisoners were using the Voting Rights Act …
Article • October 15, 1997 • from PLN October, 1997
Prison Uprisings Sweep Columbia by A large number of prison uprisings and breakouts occurred throughout Colombia in the first quarter of 1997. On January 5, eighteen prisoners escaped from the prison in Arauca. On January 12, rebels from the Revolutionary Armed Forces of Columbia broke 39 prisoners out of the …
Fifth Circuit Reverses Scott by The court of appeals for the fifth circuit, sitting en banc, reversed its prior holding in Scott v. Moore, 85 F.3d 230 (5th Cir. 1996) [PLN, June, 1997] that inadequate jail staffing violated the due process rights of a woman detainee who was repeatedly raped …
Seventh Circuit Applies ADA to Prisoners by The court of appeals for the seventh circuit held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794, explicitly apply to state prisoners. Anyone litigating an ADA or RA claim will find …
California Guards Set Up Prisoners by Willie Wisely After a scandal in which guards boiled a mentally ill prisoner alive, California's most notorious prison is once more the target of an investigation into abuse and excessive force. Pelican Bay prison guards are accused of setting up prisoners convicted of sex …
Sexual Abuse by Guard Nets New York Jail Prisoner $750,000 by A federal district court in New York found sufficient evidence to support a finding that a guard sexually abused a county prisoner; that such acts violated due process; that the guard was not entitled to qualified immunity; that state …
Eleventh Circuit Reinstates Beating Verdict by The court of appeals for the eleventh circuit reversed a judgment as a matter of law entered against a Florida prisoner after a jury found in his favor. The court reinstated both the verdict and a damage award for the prisoner. The court also …
Article • October 15, 1997 • from PLN October, 1997
U.S. Sues Prisons in Arizona and Michigan by In February 1997, the Justice Department filed separate lawsuits in U.S. District Court in Phoenix and Detroit alleging that state-run prisons in Michigan and Arizona fail to protect female prisoners from sexual assaults committed by prison guards and staff. At the Arizona …
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