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Wisconsin PLRA Fee-Limit Does Not Violate Equal Protection by The Wisconsin Court of Appeals held that the Wisconsin Prison Litigation Reform Act's (WPLRA) prohibition against the recovery of costs and fees by prevailing prisoners does not violate equal protection. Daniel Harr, a prisoner of Wisconsin's "Supermax prison successfully pursued a …
Article • November 15, 2004 • from PLN November, 2004
Alaska Prisoners Cannot Challenge Conditions of Confinement Under State Post-Conviction Relief Statute by Roger Smith The Alaska court of appeals has dismissed a prisoner's suit challenging the conditions of his confinement in an Alaska prison under AS § 12.72.020(c), Alaska's post-conviction relief statute. This ruling came after the court found …
Ohio County Juvenile Facility Not Immune from Suit in Rape Claim by The Sixth Circuit Court of Appeals held that a county juvenile detention center was not entitled to sovereign immunity. S.J., an Ohio juvenile, was referred to the Hillcrest Training Center (Hillcrest) which is a county juvenile facility created …
Article • November 15, 2004 • from PLN November, 2004
Filed under: News, News in Brief
News in Brief by News in Brief: Alaska: On August 4, 2004, Charles Rubin, 41, the manager of the Cordova Center, a half way house in Anchorage which is operated by Cornell Corrections, a private, for profit prison company, was arrested in charges that he lured a 23 year old …
Texas Prison Guard's Sentence for Rape Reinstated by Texas Prison Guard's Sentence For Rape Reinstated The Texas Court of Criminal Appeals has reinstated the sentence of a Texas prison guard who had impersonated a police officer, using a fake badge to coerce women into sex acts. Charles Melvin Page, a …
Article • November 15, 2004 • from PLN November, 2004
Study Shows Boot Camps Are a Failure by Study Shows Boot Camps are a Failure A June 2003 study published by the National Institute of Justice (NIJ), a division of the U.S. Department of Justice, shows that boot camps are failures in reducing recidivism and prison populations. In the late …
Wrongfully Convicted Pennsylvania Prisoner Settles for $2.3 Million; Forensics Expert Fired by A wrongfully convicted ex-prisoner who spent 15-years in a Pennsylvania prison got modest compensation from the government that imprisoned him by winning a $2.3 million settlement in the lawsuits he filed. In Washington state, a forensic scientist was …
Article • November 15, 2004 • from PLN November, 2004
Texas Court of Criminal Appeals Clarifies Law Crediting "Street Time" by by Matthew T. Clarke The Texas Court of Criminal Appeals has recently clarified the meaning of the recent statute allowing the award of parole "street time" credits for prisoners convicted of non-violent crimes. Lucian Lee Spann and Andrew Michael …
Connecticut Settles Wrongful Death Lawsuit for $2.9 Million by Michael Rigby Connecticut Settles Wrongful Death Lawsuit For $2.9 Million by Michael Rigby On April 4, 2002, the State of Connecticut agreed to settle for $2.9 million a lawsuit arising from the wrongful death of Timothy Perry, a mentally ill man …
Article • November 15, 2004 • from PLN November, 2004
Ohio Prisoners Not Entitled to Memory Typewriters by The Ohio Supreme Court, affirming an appeals court decision, held that Ohio prisoners have no right to typewriters with more than one line of memory and that prison officials were justified in confiscating a prisoner's typewriter that had a five-page memory capacity, …
New York Prisoners Win Injury Awards, Lack of Expert Testimony Detrimental by Michael Rigby New York Prisoners Win Injury Awards, Lack Of Expert Testimony Detrimental by Michael Rigby In two separate cases, New York courts of claims awarded $3,500 to prisoners pursuing pro se personal injury claims against the state. …
Article • November 15, 2004 • from PLN November, 2004
$600,000 Settlement in California Prisoner Shooting Death by Marvin Mentor $600,000 Settlement In California Prisoner Shooting Death by Marvin Mentor California Department of Corrections (CDC) officials settled a wrongful death complaint for $600,000 brought by the survivors of Octavio Orozco, a prisoner at Pleasant Valley State Prison (PVSP) in Coalinga, …
Article • November 15, 2004 • from PLN November, 2004
Prison Town Legislators Represent Prisoners' Interests? Not Quite by Peter Wagner On June 7, 2004, talks between the New York State Senate and the Assembly on how to best reform the draconian Rockefeller Drug Laws broke down. Publicly, the dispute is over ideological disagreements, but an obscure Census quirk that …
Texas Prisoner's Retaliation Claim Survives Summary Judgment by The U.S. Court of Appeals for the Fifth. Circuit reversed a district court's dismissal of a prisoner's complaint that prison officials retaliated against him for exercising his right to file a grievance. Robert Hart, 38, is a prisoner at the 2,800-man Albert …
Article • November 15, 2004 • from PLN November, 2004
Nevada Trust Account Interest, Less Accounting Costs, Belongs To Prisoners by In two separate decisions, the Ninth Circuit U.S. Court of Appeals determined whether the Nevada Department of Prisons (NDOP) procedure of reallocating interest earned on prisoner trust accounts constituted an unconstitutional "taking" in violation of the Fifth Amendment or …
Brief • October 15, 2004
Terrell v. District of Columbia, DC, Complaint, Prisoner Stabbing, 2004 ORiG'~lAL SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Civil Division .. ROBERT TERRELL #08266-007 - FCI Petersburg P.O. Box 1000 Petersburg, VA 23804 Plaintiff v. DISTRICT OF COLUMBIA Serve: Darlene Fields Office of Attorney General 441 4th Street, N.W. Washington, …
Article • September 15, 2004 • from PLN September, 2004
Filed under: News, News in Brief
News in Brief by Alabama: In March, 2004, Jefferson county jail guard Antonio Allums was charged with misdemeanor assault for attacking jail prisoner Michael Boler in the jail by choking him, slamming his head against a wall and then trying to cover it up. Boler was attacked for no apparent …
Article • September 15, 2004 • from PLN September, 2004
Filed under: PLRA, Filing Fees (PLRA)
Pro Se Tips and Tactics by Daniel E. Manville Before starting on my1 first, of many, pro se articles, I want to thank John Midgley on behalf of the hundreds, if not thousands, of prisoners that he has helped through these eight years. He has taken difficult legal concepts for …
Article • September 15, 2004 • from PLN September, 2004
World Court Rules Against U.S. for Consular Notification Failures by by Matthew T. Clarke On March 31, 2004, the International Court of Justice (also known as the World Court) held that the United States was in violation of the Vienna Convention on Consular Relations (VCCR). The case was brought by …
California Private Prison Uprisings Kill 2, Injure 66 by Marvin Mentor Interracial prison riots occurred on October 27 and December 3, 2003 in two southern California privately-contracted minimum security prisons. Because California private prison contractors have no weapons not even pepper spray the riots continued for up to 90 minutes …
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