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Article • January 15, 2003 • from PLN January, 2003
FLSA Inapplicable to Oklahoma Prisoners in Private Prisons by An Oklahoma appellate court held that the Fair Labor Standards Act, (FLSA) does not apply to prisoners in private prisons. Michael Washington, a prisoner of the Oklahoma Department of Corrections, (ODOC), was transferred to the Great Plains Correctional Facility, (GPCF), a …
Article • January 15, 2003 • from PLN January, 2003
All Aspects of Inadequate Medical Need Not Be Exhausted by A federal court in California held that it is not necessary for a prisoner to allege every aspect of inadequate medical care claims in a grievance for purposes of exhausting administrative remedies under the Prison Litigation Reform Act (PLRA). On …
Article • January 15, 2003 • from PLN January, 2003
From the Editor by Paul Wright Welcome to the first issue of PLN for 2003. If you have not yet been donated to PLN's annual fund-raiser it is not too late to do so. All donations, large or small, help. Your donations go directly to supporting the work that PLN …
Article • January 15, 2003 • from PLN January, 2003
Habeas Hints: Procedural Update by Kent Russell This column is intended to pro-vide habeas hints for prisoners who are considering or handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas …
Article • January 15, 2003 • from PLN January, 2003
The Long Silence: Federal Prisoners' Fight to Get the Word Out Reaches Unprintable Extremes by Alan Prendergast As an aspiring 26-year-old writer with a dark past, Mark Jordan figures he has plenty to tell the world. He has stories about bank robberies, for instance, and the many episodes of violence …
Article • January 15, 2003 • from PLN January, 2003
Book Review: From Prison to Home by Roger Hummel by Jeremy Travis, Amy Solomon and Michelle Waul Justice Policy Center, the Urban Institute, Washington DC, 2001, 56 pages, paper Review by Roger Hummel In a remarkable new book from the Urban Institute's Justice Policy Center, the dimensions of prisoner reentry …
Article • January 15, 2003 • from PLN January, 2003
North Carolina Jail Fire Kills Eight Prisoners by A fire in the Mitchell county jail at Bakersville, North Carolina killed eight prisoners on May 3rd. Joey Grindstaff, 23; Mark Thomas, 20; Edmond Banks, 46; Danny Johnson, 42; Jesse Davis, 27; Jeremiah Presnell, 20; Jason Boston, 27; and Tywain Neal, 28 …
Alabama DOC Quickly Settles Prison Working Conditions Suit by John E Dannenberg by John E. Dannenberg On January 8, 2002, a scant two months after being sued, Alabama Department of Corrections (DOC) officials settled a class action complaint filed on behalf of 200 prison workers at the Elmore Correctional Facility …
Article • January 15, 2003 • from PLN January, 2003
Hustler Magazine Survives Arizona Prison Obscenity Test by On remand from the Ninth Circuit, the U.S. District Court for the District of Arizona found that prison officials were misapplying the constitutional obscenity standard and improperly seizing a prisoner's copies of Hustler magazine. Prison officials were ordered to pay $65 in …
Los Angeles County Settles Overdetention Suits for $27 Million by John E Dannenberg by John E. Dannenberg In the largest legal settlement in its history, the Los Angeles County Board of Supervisors agreed in May, 2002 to pay $27 million to compensate 400,000 former jail prisoners who had been held …
Article • January 15, 2003 • from PLN January, 2003
Sexual Assault Violates Eighth Amendment by A federal district court in Delaware has held, in denying a motion to dismiss, that a sexual assault during an obstetric medical exam violates the Eighth Amendment. Baylor Women's Correctional Facility prisoner Shalnessa Goode sued, under 42 U.S.C. § 1983, Correctional Medical Services (CMS) …
Wackenhut Warden and Six Guards Convicted In New Mexico Prisoner Beatings by by Matthew T. Clarke Six guards and a warden have been convicted in federal court of charges stemming from brutal beatings and subsequent cover up attempts at the 1,200 man Lea County Correctional Facility in Hoots, New Mexico, …
California's Parole Revocation System Violates Due Process by John E Dannenberg by John E. Dannenberg In a class action civil rights case, the United States District Court (E.D. Calif.) held that California's parole revocation system violates procedural due process of law because it does not provide for a preliminary hearing …
Virginia Guards Acquitted of Assaulting Prisoner by Michael Rigby Three former prison guards were acquitted March 27, 2002 on charges of beating a shackled prisoner at the Wallens Ridge State Prison, a Virginia supermax. Lt. Jeffrey Compton, Sgt. Mathew Hamilton and Michael Bliley were charged with felonious assault and fired …
Article • January 15, 2003 • from PLN January, 2003
Sentence Commuted for Sexually Assaulted New Mexico Prisoner by Sentence Commuted For Sexually Assaulted New Mexico Prisoner On May 30, 2002, New Mexico governor Gary Johnson (R) commuted the sentence of Belinda Dillon, a prisoner at the New Mexico State Women's Correctional Facility. The commutation came after several guards at …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Sentencing, Good Time
Ninth Circuit Upholds BOP's Prorated Good Time Formula by Ninth Circuit Upholds BOP'S Prorated Good Time Formula The Ninth Circuit Court of Appeals held that the Bureau of Prisons' (BOPS') application of good time credits on a prorated basis during the final year of confinement is a reasonable interpretation of …
Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion to Dismiss by Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion To Dismiss The US District Court (S.D. Cal.) held that the inartful pro se pleadings of a California state prisoner were sufficient to exhaust his administrative remedies for purposes …
Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge by A Michigan District Court has granted in part and denied in part Michigan Department of Corrections (MDOC) officials' motion to dismiss a state prisoner's suit against MDOC under the Americans with Disabilities Act (ADA), 42 U.S.C. §12101, et. seq., and the …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Sentencing, Parole
USPC Parole Revocation Policies Violate Due Process by David Reutter by David M. Reutter A federal district court for the Dis-trict of Columbia has granted injunctive relief to prisoners challenging the United State Parole Commissions (USPC) unconstitutional policies, which unduly delay revocation of parole proceedings. The USPC assumed the powers, …
Article • January 15, 2003 • from PLN January, 2003
Amendment of Complaint to Identify Unknown Defendant Denied by The Third Circuit Court of Appeals has affirmed a Pennsylvania District Court's grant of summary judgment to Pennsylvania Department of Corrections (PADOC) officials and denial of Plaintiff's motion to amend the suit to substitute a new, named defendant for a previously-unnamed …
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