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Statutes Affecting Disabled Prisoners by Daniel E. Manville In the past couple of years, there have been a number of changes to federal statutes that provide protections to those confined with disabilities. This article discusses those changes. Additional rights that the disabled may have under federal and state constitutional provisions, …
Article • April 15, 2003 • from PLN April, 2003
Florida Jury Awards $390,000 Over Defective Prison-Produced Chair by A Pinellas County (Florida) jury found that an office chair assembled by the Florida DOC's prison industries was defective, and the proximate cause of a state office worker's injuries. The jury awarded the woman $390,000 in damages; however, the recovery was …
Florida PLN Writer Settles Retaliation Suit for $3,000 by David Reutter by David M. Reutter A 42 U. S. C. § 1983 action filed in a Florida State Court alleging retaliatory job changes for the filing of grievances and lawsuits that challenged the general living conditions at Glades Correctional Institution …
Article • April 15, 2003 • from PLN April, 2003
Prison Labor Losing Popularity in Oregon by Gary Hunter Since the 19th century prisoners in Oregon have literally labored under a policy that insisted prisoners should work as hard as taxpayers. But the prevailing philosophy is falling prey to fiscal realities. Oregon's evaporating economy has enhanced employment concerns among its …
Article • April 15, 2003 • from PLN April, 2003
From the Editor by Paul Wright From The Editor by Paul Wright Beginning with this issue of PLN there will be some changes in the law articles. Due to the limited space we have for news and law articles and the ongoing growth in prison and jail related cases being …
Pro Se Tips and Tactics by John Midgley If you are litigating or planning a case in federal court against state prison officials, it is very important to be clear about what rights you are asserting and what relief you are requesting. Federal courts are not allowed to simply order …
PLN Settles Oregon Censorship Suit for $55,414.31 by On January 29, 2003, the Oregon Department of Corrections (DOC) agreed to settle a censorship lawsuit filed by Prison Legal News by paying $39,914.31 in fees and costs and $15,500 in damages and changing its policies concerning the processing and censorship of …
Article • April 15, 2003 • from PLN April, 2003
Interest on Washington Restitution Cannot Be Suspended by In a brief ruling, a Washington state appeals court held that trial courts lack the statutory authority to suspend the accrual of interest on court ordered restitution. Dean Claypool pled guilty to second degree assault charges and, in addition to a prison …
Article • April 15, 2003 • from PLN April, 2003
Texas Grants Prisoners Right to Forensic DNA Testing by by Matthew T. Clarke The Texas state legislature has enacted what may be the most pro-prisoner post-conviction DNA testing entitlement law in the country. Codified at Chapter 64 of the Texas Code of Criminal Procedure, the law gives any convicted person …
Sole Washington Woman Civil Commitment Taxes System by Lonnie Burton Since 1997, when a court deemed her too dangerous to live in society, Laura McCollum has remained the lone female prisoner at Washington's civil commitment center for sexually-violent predators on the grounds of the state's women's' prison near Purdy. McCollum, …
Article • April 15, 2003 • from PLN April, 2003
Wyoming Jail Must Disclose Suicide Prevention Critique by The Wyoming Supreme Court has held that the Wyoming Public Records Act (WPRA) requires that state's jails to disclose to the press reports evaluating jail suicide prevention procedures. In 1998, prisoner suicide attempts increased in the county jail in Laramie, Wyoming. Laramie …
Rehabilitation Act, Title II of ADA, Held Unconstitutional by In two separate rulings the courts of appeal for the Fourth and Fifth Circuits have held that section 504 of the Rehabilitation Act (RA), 29 U.S.C. §794(a), and, Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §12312, do …
Article • April 15, 2003 • from PLN April, 2003
Filed under: Sentencing, Parole
Delay in MAP Implementation Violates Washington Law by The Washington State Court of Appeals held that the Washington parole board (Board) violated statutes and its own procedures by imposing a Mutual Agreement Program (MAP) with no time frame. The court also held that the Board must clarify a prisoner's right …
PI Issued in Arizona Internet Communications Ban by John E Dannenberg by John E. Dannenberg On December 16, 2002, the U.S. District Court (D. Ariz.) granted plaintiffs' motion for a preliminary injunction (PI) enjoining the Arizona Department of Corrections (ADOC) from enforcing laws arising from Arizona House Bill 2376 (HB …
Article • April 15, 2003 • from PLN April, 2003
California Approves Forced DNA Extractions by California's Governor Gray Davis authorized the use of force to take DNA samples from state prisoners, when he signed Senate Bill 1242 into law on Sept. 17, 2002. Existing California Penal Code §§ 296, 296.1 and 296.2 codify the requirement and procedure for taking …
Forced DNA Sampling of California Prisoners Upheld by The California Court of Appeals upheld the California Department of Corrections (CDC) procedure of forcibly collecting blood and saliva DNA samples from prisoners convicted of specified violent crimes, including capital murder. Rejecting the privacy claims of eight women on Death Row, the …
Murder, Mayhem, Corruption and Snitches: BOP Florence Exposed by Bob Williams Located in the gently rolling hills of Southern Colorado, dotted with juniper, poplar and cedar trees, Florence is a quiet, small town that was once a prison town without a prison. At just over 5,000 town residents, Florence shares …
Article • April 15, 2003 • from PLN April, 2003
Arizona Guards Continue to Rape Prisoners by Michael Rigby Two guards at Arizona's Perryville prison are facing numerous charges, substantiated by internal investigations, of sexual misconduct with prisoners. Derrick Renard Allen was indicted in late April 2002 by a state grand jury on 8 counts of sexual assault and 2 …
New Jersey Jail Guards Awarded $1.2 Million Following Retaliation for Protesting Jail Conditions by On April 10, 2002, a federal jury in New Jersey awarded four Atlantic County Jail guards $300,000 each for retaliation taken against them after they publicly protested unsafe jail conditions. In May, 1997, Edward Clopp, Noriss …
California Guards Convicted of Arranging Prison Beatings, New Conspiracy Accusations Leveled by by Marvin Mentor On May 15, 2002, a federal criminal jury convicted two Pelican Bay State Prison (CA) guards of violating the civil rights of eight prisoners whom they conspired to have beaten and stabbed - two fatally; …
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