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Article • May 15, 2003 • from PLN May, 2003
Texas Guard's Conviction Reversed by A Texas court of appeals has reversed for retrial the conviction of former Texas City Unit TDCJ-ID guard Charles Melvin Page for sexual assault and impersonating a police officer. Page was convicted of having flashed a badge, claimed he was a cop, and demanded oral …
Article • May 15, 2003 • from PLN May, 2003
No Right to Artificial Insemination by John E Dannenberg by John E. Dannenberg The US Court of Appeals for the Ninth Circuit ruled that the right to procreate is fundamentally inconsistent with incarceration, thereby upholding a California state prison policy disallowing a prisoner from sending a sperm specimen to his …
Article • May 15, 2003 • from PLN May, 2003
ADA Liability Extends to New Jersey County Jail and Vicinage by The U.S. Third Circuit Court of Appeals, reversing a New Jersey District Court, has held that the Americans with Disabilities Act (ADA) extends to a county jail and to a New Jersey Vicinage that was not, at the time …
Article • May 15, 2003 • from PLN May, 2003
Texas Pro Se Litigant Entitled to Notice of Hearing by Texas Pro Se Litigant Entitled to Notice of Hearing A Texas court of appeals has held that a pro se litigant who files an affidavit of indigence, when seeking to appeal an adverse ruling in a civil case in forma …
Article • May 15, 2003 • from PLN May, 2003
Head of Counsel for Texas Prisoners Fired by In September 2002, the Texas Board of Criminal Justice fired John Fant, head of the State Counsel for Offenders (SCFO), after an investigation revealed that he had lied on a 10-year-old employment application. In a written statement, the prison board alleged that …
Article • May 15, 2003 • from PLN May, 2003
Dismissal for Failure to Allege Physical Injury Improper by Dismissal for Failure to Allege Physical Injury Improper The Second Circuit Court of Appeals held that dismissal under42 U.S.C. § 1997e(e) for failure to allege physical injury was improper where a prisoner's complaint requests injunctive and/or declaratory relief and the pleadings …
Article • April 15, 2003 • from PLN April, 2003
Vermont DOC Must Comply with APA for Rule Changes in Furlough Program by The Vermont Supreme Court has held that the state's Department of Corrections (DOC) must comply with the Vermont Administrative Procedure Act (APA) before it implements and enforces any rule changes. This was a class-action suit represented by …
Article • April 15, 2003 • from PLN April, 2003
$4.47 Million in Washington Negligent Supervision Settlements and Verdicts by Washington State recently settled or was found liable in three separate law suits alleging that it negligently supervised probationers or parolees. Negligent supervision cases are not new in Washington. Since 2000, the State either settled or was ordered to pay …
Failure to Allege Imminent Threat Precludes Justification Defenses in BOP Weapons Prosecution by The Seventh Circuit Court of Appeals held that the district court did not error in excluding evidence or argument regarding affirmative defenses of necessity and duress in trials for prisoners' weapon possession. On May 18, 1999, Terry …
Article • April 15, 2003 • from PLN April, 2003
Filed under: News, News in Brief
News in Brief by Arkansas: On May 16, 2002, Barry Parrish, 38, pleaded guilty to walking out of the Lewisville county jail where he was imprisoned and working as a trusty, going to the home of jail guard George Turner on August 23, 2001, killing him with a pair of …
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, …
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