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Article • October 15, 2001 • from PLN October, 2001
From the Editor by Paul Wright PLN frequently reports on litigation and news arising from jails. This month's cover story, America's Jails: The Dungeons of the New Millenium , takes a broad look at the problems afflicting American jails: brutality, overcrowding, medical neglect, corruption, sexual assaults, etc. In many respects …
Article • October 15, 2001 • from PLN October, 2001
The Connally Seven - A Texas Prison Escape and its Aftermath by Roger Hummel The John B. Connally State Prison is a 2,800-capacity maximum security facility for men. As part of Texas' $2 billion prison building frenzy of the 1990's, construction of the so-called "Michael prototype" unit was completed in …
Not Part of my Sentence: The Rape of Washington Prisoners by Silja JA Talvi Gig Harbor, Wash.: Annette Guzman-White, a 32-year-old minimum-security prisoner incarcerated on a second-degree burglary charge at the Washington Correction Center for Women (WCCW), is eager to get out of prison. It's something that could probably be …
The Cost of Running Washington's Rape Camps by Paul Wright As the accompanying article, Not Part of My Sentence , makes clear, the sexual abuse of female prisoners by male prison employees is an endemic problem. As past issues of PLN show, this problem is not confined to any single …
Male Prisoner Settles Guard Rape Suit for $6,000 by On November 22, 2000, Raymond Holmes, a Washington state prisoner, settled a civil rights suit against Washington prison employees. In 1997_98, while imprisoned at the Washington State Penitentiary (WSP) in Walla Walla, Holmes was repeatedly forced to perform nonconsensual sexual acts …
Qualified Immunity Denied in Washington Rape of Transsexual Prisoner by The Ninth Circuit Court of Appeals has denied a Washington guard's claim of qualified immunity in sexually assaulting a transsexual prisoner. The Court also held the protection afforded by the Gender Motivated Violence Act (GMVA) extends to transsexuals, but upheld …
Article • October 15, 2001 • from PLN October, 2001
Jury Awards $5,000 to Beaten Texas Prisoner by A federal court in Texas has upheld a jury award of $5,000 to a prisoner who was beaten by a guard, denying the guard's motion for judgment as a matter of law. Daniel Glenn Ostrander, a Texas state prisoner, filed suit against …
BOP Lieutenant Pleads Guilty to Brutality Charges by Robert Durkee In an ongoing criminal investigation, the Department of Justice, Office of Inspector General, is continuing its probe into allegations of obstruction of justice and other civil rights violations at the federal prison in Beaumont, Texas. The investigation took a dramatic …
Article • October 15, 2001 • from PLN October, 2001
Filed under: Money/Property, Interest
Denial of Interest Does Not Violate Takings Clause by The Fourth Circuit held that the denial of interest earned on prison trust accounts does not violate the Takings Clause of the Fifth Amendment. Virginia prisoner William Washlefske earns an average of $108.76 each month from prison labor. That money is …
Article • October 15, 2001 • from PLN October, 2001
Diabetic Prisoner's Deliberate Indifference Claim to Proceed to Trial by A federal district court in Alabama held that a diabetic pretrial detainee's medical neglect claim required a trial to resolve, overruling the defendants' motion for summary judgment. Wendi Flowers, a severe diabetic, was arrested and booked in the St. Clair …
Ohio ACLU Challenges Supermax by The ACLU has filed a class-action suit in federal court in Cleveland, Ohio, under 42 U.S.C. § 1983 challenging the conditions of confinement at Ohio's supermax prison in Youngstown. The lawsuit alleges that conditions at Ohio State Penitentiary (OSP) constitute cruel and unusual punishment, violating …
Article • October 15, 2001 • from PLN October, 2001
Filed under: Resources, Organizing
The Prison Activist Resource Center: It's About Sharing Resources and Working Collectively by Marti Hiken The Prison Activist Resource Center: It's about Sharing Resources and Working Collectively "We all need energetic people to spark us," says Vanessa Agard-Jones, the coordinator for the Prison Activist Resource Center (PARC) located in Berkeley/Oakland, …
Article • October 15, 2001 • from PLN October, 2001
Sixth Circuit Upholds PLRA Attorneys' Fees Cap by The Sixth Circuit Court of Appeals has ruled that the cap on attorneys' fees imposed by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d)(3), does not violate the equal protection provision of the Fifth Amendment to the U.S. Constitution. This …
Article • October 15, 2001 • from PLN October, 2001
Filed under: News, News in Brief
News in Brief by Canada: On July 16, 2001, at least 31 prisoners at the maximum security Atlantic Institution rioted. After ransacking the canteen, breaking through walls and refusing to return to their cells, the protest ended July 19, 2001. Media accounts did not state the cause of the uprising. …
Article • October 15, 2001 • from PLN October, 2001
Malicious Use of Force Violates Eighth Amendment by John E Dannenberg The Third Circuit held that in claims alleging the malicious use of force by prison guards the wantonness of the attack, rather than the degree of injury suffered, is the dispositive issue for courts reviewing such claims on summary …
Damages in Denial of Exercise Suit Reversed by The Seventh Circuit Court of Appeals, in a harshly worded opinion, reversed an Illinois federal district court judgment that a one-year loss of yard privileges suffered by a prisoner in disciplinary segregation was cruel and unusual punishment. Alex Pearson is a prisoner …
Article • October 15, 2001 • from PLN October, 2001
Use of Restraint Chair Not Cruel and Unusual Punishment by The Court of Appeals for the Third Circuit has affirmed a lower court's grant of summary judgment and denial of a motion for judgment as a matter of law on an excessive force claim brought by a convicted prisoner awaiting …
Chinese Company Convicted of Using Forced Prison Labor by On February 28, 2001, Peter Chen, a Taiwanese entrepreneur, pled guilty in a New Jersey federal district court to charges of selling goods in the U.S. which were produced by forced prison labor. Chen will pay a $50,000 fine. Chen owned …
Article • October 15, 2001 • from PLN October, 2001
The Prison Payoff: The Role of Politics & Private Prisons in the Incarceration Boom by by Brigette Sarabi and Edwin Bender The popularity of the term "prison-industrial complex" in recent years, and especially since the groundbreaking Critical Resistance conference in Berkeley in September 1998, has produced a few critics who …
PLN Wins Nevada Censorship Suit by Beginning in January 2000, the Nevada Division of Prisons (DOP) began censoring Prison Legal News in all of its prisons, affecting 21 Nevada prisoners who subscribed to PLN .Prison Legal News was never afforded any notice of the censorship nor given an opportunity to …
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