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Indiana Creates Liberty Interest in Good Time Credits by The Court of Appeals for the Seventh circuit held that Indiana prisoners have a state created liberty interest in their good time credits, and the rate of earning such credits, requiring due process before the credits or classification could be changed. …
Article • February 15, 2002 • from PLN February, 2002
Filed under: News, News in Brief
News in Brief by Alabama: On October 3, 2001, Teresa Wheeler, 24, collapsed and died while taking a physical training course to become a Department of Corrections guard. Wheeler had previously failed the physical exam but was trying to pass it again. Brazil: On November 26, 2001, over 100 prisoners …
Article • February 15, 2002 • from PLN February, 2002
PLN Sues Utah Jail Over Publication Ban; Jail Settles by In September 2001, Prison Legal News sued the Millard County jail in Utah over its policy of prohibiting jail prisoners from receiving or subscribing to newspapers or magazines, including PLN . The jail censors all publications sent to prisoners. Due …
Article • February 15, 2002 • from PLN February, 2002
Washington Department of Corrections' Address Requirement Illegal by The Washington Court of Appeals has held that the Washington Department of Corrections (DOC) lacks statutory authority to require a prisoner to obtain a preapproved residence location and living arrangement prior to release unless that condition was imposed by the sentencing court. …
Conditions of Confinement: Washington State Prisoner Sues Over Twelve Harsh Days in Strip Cell by Silja JA Talvi In the early morning hours of February 2, 1998, at Clallam Bay Correctional Center (CBCC), Washington State prisoner Sylvester Mahone felt like he had had enough. Locked up in isolation in one …
Article • February 15, 2002 • from PLN February, 2002
Filed under: Mail, Mail Regulations
PLN Sues Washington DOC Over Mail Censorship - Again by On November 27, 2001, Prison Legal News sued Washington Department of Corrections (DOC) officials across the state for its policies and practices of censoring mail items sent by PLN to Washington state prisoners. The suit names DOC Secretary Joseph Lehman, …
Minnesota Cost-of-Confinement Surcharge Upheld by The Court of Appeals of Minnesota has upheld a surcharge imposed on prisoners in custody of the Minnesota Department of Corrections (DOC). The case had been filed as a class-action suit in a Minnesota district court challenging a DOC rule imposing a 10% cost-of-confinement surcharge, …
Jail Not a Dwelling Under Federal Housing Act by A federal district court in New Mexico ruled that a city jail is not a dwelling for purposes of the Fair Housing Act (FHA) and granted defendants' motion for dismissal of plaintiff's claim of sexual discrimination in the provision of housing. …
Article • February 15, 2002 • from PLN February, 2002
Denial of Habeas Corpus Parole Challenge Reversed by The Third Circuit Court of Appeals has reversed the denial of a habeas corpus petition which challenged the federal Parole Commission's denial of parole with a 15_year setback. The Court, however, did not order a new hearing but only that the Parole …
$2.2 Million Award for New Mexico Prison Bug Spray Injuries by The Third Circuit Court of Appeals has reversed the denial of a habeas corpus petition which challenged the federal Parole Commission's denial of parole with a 15_year setback. The Court, however, did not order a new hearing but only …
Article • February 15, 2002 • from PLN February, 2002
Parole Revoked for Refusing Medication by The Eighth Circuit Court of Appeals has held that parole can be revoked if the parolee refuses medication as part of an agreed mental health treatment plan. Randy Closs, who has a long-term diagnosis of schizophrenia, was granted conditional parole from the South Dakota …
Vague Confidential Information and Gang Allegations Held Insufficient to Justify Close Custody Ruling by John E Dannenberg Connecticut prison authorities' non-specific allegations regarding "past gang affiliation" and "vague [confidential] information" were found to be insufficient to provide due process to inform the basis for an adverse administrative housing hearing, the …
Brief • February 13, 2002
Federick v. U.S., GA, Medical, Wrongful Death, BOP Complaint, 2002 '11.EIJ itj CI.Elll('S Offt« U.8.D C.·A""'� r1u1:;iQ0Z Wirt&A:U/r':r_. ..,... IN THE UNITED STATES DISTRICT COURTII< F'OR THE NORTHERN DISTRICT OF GEORG[A ATLA.J'ITA DIVISION JANIE FEDERICK. as Administrator of the Estate ofRonney Ruff, Deceased, TRINISHA PERRY, Individually and DEMETRIUS PERRY by …
Brief • January 31, 2002
Filed under: Burning
Lewis v. Gagne, NY, Complaint, Division of Children and Family Services Abuse Burns, 2002 Case 1:02-cv-00129-DNH-RFT Document 1 Filed 01/31/02 Page 1 of 13 u.s. D\STR\CT COURT UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK N.D. OF N'~11 ~O,t() frt' f FILeD_ (Z.. J;t- t., 2 cc. …
Article • January 15, 2002 • from PLN January, 2002
Filed under: News, News in Brief
News in Brief by California: On October 24, 2001, a riot at the Santa Clara County Jail in San Jose left 22 prisoners and one guard injured. Guards broke up a fight between four prisoners and placed them in holding cells. Twenty-four prisoners then barricaded themselves in a recreation room …
Article • January 15, 2002 • from PLN January, 2002
No Refund or Cancellation of Filing Fees on Appeal by The Court of Appeals for the Second circuit held that prisoners who proceed in forma pauperis (IFP) on appeal, and later choose to dismiss their appeals before a ruling issues, are not entitled to a refund of the filing fees …
Indigent Texas Prisoners Subject to 31 Day Statute of Limitations by In two recent cases, Texas state restrictions on the filing of civil lawsuits, codified at Chapter 14 of the Texas Civil Practice and Remedies Code (TCPRC), in Texas state court have been upheld. One restriction includes a 31day statute …
Article • January 15, 2002 • from PLN January, 2002
Michigan Disciplinary Hearing Class Action Settled by A federal district court in Michigan has approved a proposed settlement agreement in a classaction lawsuit against the Michigan Department of Corrections (MDOC). The Court also modified class representation. In 1996, Richard Heit and two others filed a complaint on behalf of themselves …
New Trial Ordered in Excessive Use of Force Suit by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident which occurred on October …
Eighth Circuit Applies Turner Test to Control Unit Conditions Case by In the first case to apply the "Reasonable Relationship" Test of Turner v. Safley , 482 U.S. 78, 107 S.Ct. 2254 (1987), to a conditions of confinement case, the Eighth Circuit Court of Appeals remanded a district court's decision …
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