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Receipt of Federal Funds Waives Eleventh Amendment Immunity for Rehabilitation Act by The U.S. Third Circuit Court of Appeals has affirmed in part and reversed in part a Pennsylvania Federal District Court's grant of summary judgment to state defendants in a prison employee's claim involving the Rehabilitation Act (RA) and …
Article • October 15, 2003 • from PLN October, 2003
Diagnosis, Not Exposure, Triggers Limitation Period in HCV Action by The Iowa Supreme Court held in a workers compensation case that the statute of limitations in a hepatitis C exposure case begins to run on the date of diagnosis, rather than the date of exposure. On October 2, 1990, Diane …
Article • October 15, 2003 • from PLN October, 2003
PLRA Does Not Apply to Challenges to Civil Commitment by by Matthew T. Clarke The Eleventh Circuit Court of Appeals has held that the PLRA does not apply to challenges to conditions of confinement by persons detained under the Florida sexually violent predator program. Bryant S. Troville, a Florida civil …
Brief • September 29, 2003
Filed under: Native American
Limbaugh v. Thompson, AL, Order, Native American Long Hair, 2003 FILED IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAM~EP NORTHERN DIVISION JAMES LIMBAUGH, et aI., Plaintiffs, vs. LESLIE THOMPSON, et at, Defendants. NATIVE AMERICAN PRISONERS OF ALABAMA - TURTLE WIND CLAN, et aI., Plaintiffs, vs. STATE …
Article • September 15, 2003 • from PLN September, 2003
Mediation Costs Not Taxable in §1983 Suit by Mediation Costs Not Taxable in §1983 Suit The U.S. Eighth Circuit Court of Appeals held that state officials named as defendants in a prisoner's civil rights suit could not be taxed costs for mediation. The decision reverses the U.S. District Court for …
Gay Visiting Rule Challenged by The Ninth Circuit U.S. Court of Appeals reversed the U.S. District Court's (D.Ariz.) Fed.Rules Civ.Proc. Rule 12(b)(6) dismissal of an equal protection claim raised by an Arizona prisoner and his gay visitor who were denied the right to kiss and hug during prison visits solely …
Article • September 15, 2003 • from PLN September, 2003
Filed under: Discrimination, Gay/Lesbian
Women Prisoners in Alabama Win Preliminary Injunctive Relief by The U.S. District Court for the Middle District of Alabama granted a motion for a preliminary injunction after a group of female prisoners complained that the state operated the women's prisons in an unconstitutionally unsafe manner. The Julia Tutwiler Prison for …
Alabama's Women Prisoners Moved to Louisiana to Ease Overcrowding by Alabama's Julia Tutwiler Prison for Women at Wetumpka was built in 1942 to house 364 prisoners. In 2002, Tutwiler's population rose beyond 1,000 with overcrowding so severe that a group of women prisoners sought relief by filing a lawsuit in …
The Prison Index: Taking the Pulse of the Crime Control Industry by by Peter Wagner, Prison Policy Initiative and Western Prison Project, 2003, 48 pages Review by Paul Wright As a prison journalist, one of the most challenging things is reporting the facts and putting those facts into a bigger …
Article • September 15, 2003 • from PLN September, 2003
Filed under: News, News in Brief
News in Brief by Brazil: On June 23, 2003, a 12 hour riot among prisoners in a jail in Manaus in the Amazon left 13 prisoners dead. Forty visitors and four jail guards were taken hostage during the uprising but were released unharmed. No cause for the riot was given …
Article • September 15, 2003 • from PLN September, 2003
Shoot First, Ask Questions Later: The Militarization of Law Enforcement by Silja JA Talvi Shoot First, Ask Questions Later: The Militarization of Law Enforcement by Silja J.A. Talvi The following is a review of Militarizing the American Criminal Justice System: The Changing Roles of the Armed Forces and the Police, …
Informal Grievance Procedure Must Be Exhausted Before Filing Suit by The U.S. Court of Appeals for the Third Circuit reversed a district court's denial of summary judgment for prison officials after ruling that prisoners were required to exhaust their administrative remedies before bringing a 42 U.S.C. § 1983 action even …
CSC: More Misery and Misfortune by C.C. Simmons Page 1 of the August 2002 issue of Prison Legal News carried a story about Correctional Services Corporation (CSC), the scandal-ridden private prison outfit beset with self-inflicted troubles. Since that story appeared, CSC's troubles have multiplied. Consider the following: Ø In August …
BOP Guards Smuggle Sperm for Mobsters by Gary Hunter BOP Guards Smuggle Sperm For Mobsters by Gary Hunter On March 1, 2002, the U.S. District court for the Middle District of Pennsylvania denied the motion of a mobster's wife requesting the return of her incarcerated husband's sperm. Circumstances leading to …
Article • September 15, 2003 • from PLN September, 2003
Washington DOC Settles Kosher Diet Complaints by John E Dannenberg Washington DOC Settles Kosher Diet Complaints by John E. Dannenberg Washington state's Department of Corrections (DOC) settled two 42 USC § 1983 complaints from prisoners who "practiced" Judaism but were denied kosher diets. Both settlements accorded the diets; in the …
Arizona's Pima County Settles Prisoner Beating Death Lawsuits for $500,000 by Arizona's Pima County Settles Prisoner Beating Death Lawsuits for $500,000 by Matthew T. Clarke By paying $500,000 and issuing letters of apology from the Sheriff, Pima County has settled two lawsuits by the survivors of two prisoners beaten to …
Washington DOC Ban on Bulk Mail and Catalogs Enjoined in PLN Suit, Due Process Required by Paul Wright Washington DOC Ban on Bulk Mail and Catalogs Enjoined in PLN Suit, Due Process Required by Paul Wright On June 17, 2003, Seattle federal district court judge Robert Lasnick issued a permanent …
Article • September 15, 2003 • from PLN September, 2003
New York Muslim Prison Chaplains Purged by by Matthew T. Clarke Imam Warith Deen Umar helped found the advocacy group National Association of Muslim Chaplains (NAMC) in 1976. Since then, the 58-year old cleric and NAMC have come to exercise near monopolistic influence over the selection of Muslim prison chaplains …
Article • September 15, 2003 • from PLN September, 2003
Filed under: Reviews, Medical, Hepatitis
CDC Report Outlines Prevention and Control of Hepatitis in Prisons by John E Dannenberg CDC Report Outlines Prevention And Control Of Hepatitis In Prisons by John E. Dannenberg The national Centers for Disease Control and Prevention (CDC) has issued an updated report providing guidelines and recommendations for juvenile and adult …
Article • September 15, 2003 • from PLN September, 2003
Washington State's Changes to Good Time Laws Benefit Few by Lonnie Burton On May 20, 2003, Washington state governor Gary Locke signed into law Senate Bill 5990, which works numerous changes to the amount of good time prisoners in the state can receive. The new law, passed by 43-4 and …
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