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Eighth Amendment Challenge to California Integrated Yard Policy Is Triable by Marvin Mentor In a California prisoner suit claiming cruel and unusual punishment for the prison's "integrated yard" policy, the Ninth Circuit US Court of Appeals ruled that the factual question presented could proceed to trial, thus rejecting prison defendants' …
County Supervisors Liable for Indemnifications by John E Dannenberg County Supervisors Liable For Indemnifications by John E. Dannenberg The Los Angeles (LA), California County Board of Supervisors made official decisions, and thus a policy, to indemnify their county sheriffs so as to willfully (i.e., in bad faith) protect the sheriffs …
Cold, Vermin and Sewage in New York Prison May Violate Eighth Amendment by John E Dannenberg by John E. Dannenberg A New York state prisoner who had been subjected to inhumane and unsanitary living conditions was found by the Second Circuit US Court of Appeals to have stated a claim …
Article • May 15, 2002 • from PLN May, 2002
Filed under: News, News in Brief
News in Brief by California: On December 12, 2001, Don Lanier Jr., 34, a guard at the Wasco State Prison and a karate instructor, was sentenced to nine months in the Kern county jail after pleading guilty to unlawful intercourse with a minor. The charges stem from Lanier having consensual …
Bailing Out the Private Prison Industry by Judith Greene The private-prison industry is in trouble. For close to a decade, its business boomed and its stock prices soared because state legislators across the country thought they could look both tough on crime and fiscally conservative if they contracted with private …
Hawaiian Women Prisoners File Suit Over Sex Abuse, Torture in Oklahoma Private Prison by Lonnie Burton When the State of Hawaii opted in 1998 to send its female prisoners to a privately run Oklahoma prison, it had no idea what was in store for these women. What ensued over the …
Suicides, Staff Negligence Plague Private Arkansas Juvenile Prison by Lonnie Burton In October 2001, a just-completed state investigation concluded that Houston-based Cornell Company, the private firm that runs Arkansas's Alexander Youth Services Center, was negligent for failing to monitor an at-risk youth who committed suicide. The suicide was the second …
Article • May 15, 2002 • from PLN May, 2002
From the Editor by Paul Wright Welcome to PLN 's 12th anniversary issue. PLN first started publishing in 1990 and this marks 12 years and 144 consecutive issues. PLN is the longest publishing independent, prisoner-produced magazine in U.S. history. While we have had our ups and downs over the years …
Article • May 15, 2002 • from PLN May, 2002
Failure to Timely Pay Filing Fee Dismissal Reversed by The Court of Appeals for the Seventh circuit held that a district court erred when it dismissed a prisoner's suit for failure to pay the filing fee in a timely manner. Bernard Beyer, a Wisconsin prisoner held in a private prison …
U.S. Cited for Human Rights Violations by Gary Hunter ( On May 15, 2001, at a human rights conference in Geneva, the United States was denounced for its inhumane and discriminatory practices. Amnesty International and the U.N. Committee Against Torture cited the U.S. for oppressive tactics by both public law …
U.S. Cited for Human Rights Violations by Gary Hunter On May 15, 2001, at a human rights conference in Geneva, the United States was denounced for its inhumane and discriminatory practices. Amnesty International and the U.N. Committee Against Torture cited the U.S. for oppressive tactics by both public law enforcement …
High Cost of Prison Telephone Calls Goes to Illinois State Court by In a characteristically colorful opinion from Judge Richard Posner, the U.S. Court of Appeals for the Seventh Circuit breathed new life into an otherwise moribund lawsuit where plaintiffs sought relief from the exorbitant charges for collect telephone calls …
Article • May 15, 2002 • from PLN May, 2002
Prison Phone Rate Case Remanded to South Carolina State Court by The United States District Court of South Carolina has remanded to state court a suit by prisoners' family members against Sprint Payphone Services and other communications providers, the State of South Carolina, and the South Carolina Department of Corrections …
Montana Supreme Court Upholds Refusal to Seal Settlement Agreement by The Montana Supreme Court held that prevailing party did not establish that privacy rights of parties outweighed the public's right to know what costs it incurred in a settlement agreement. Steve Pengra brought suit against Montana, contending that the State's …
Wisconsin Ban on Sexually Explicit Materials Unconstitutional by Bob Williams The Federal District Court for the Western District of Wisconsin has denied a motion for summary judgment finding the Wisconsin Department of Corrections' (WDOC) ban on sexually explicit materials violated prisoners' First Amendment freedom of speech and Fourteenth Amendment due …
Article • May 15, 2002 • from PLN May, 2002
Oregon Passes Pay-to-Stay Law by The 2001 Oregon Legislature unanimously passed Senate Bill (SB) 183, authorizing, but not requiring, the Oregon Department (ODOC) to assess prisoners for costs associated with their imprisonment, including "but . . . not limited to, such items as medical care, room, board, administrative costs and …
Grievance Retaliation States Claim by The court of appeals for the Eighth circuit held that a district court erred when it dismissed an Arkansas prisoner's claim that he was subjected to false disciplinary charges in retaliation for filing grievances against a prison employee. The court upheld the dismissal of a …
$400,000 Settlement in Oklahoma Jail Failure to Protect Suit by On April 19, 2001, the insurer for the Garfield county jail in Oklahoma agreed to pay $400,000 to a former jail prisoner who was attacked and beaten by his cellmate. On April 26, 1998, Larry Thomas, then 58, was imprisoned …
Article • May 15, 2002 • from PLN May, 2002
New York Assault and Medical Case Settled for $5,000 by On August 28, 2001, New York state prison officials agreed to pay $5,000.00 to settle a prisoner's lawsuit that he was beaten by prison guards and then denied medical care. In 1993, prisoner Easton Beckford, who is also wheelchair bound, …
Arizona DOC's Endless Isolation of Suspected Gang Member Enjoined by Roger Smith Afederal District Court in Arizona recently enjoined Arizona Department of Corrections (ADOC) officials from indefinitely isolating a prisoner whom they suspect to be a gang member. Mark Koch, an Arizona prisoner and successful prison litigator of long standing, …
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