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No Interlocutory Appeal for Good Faith Defense by The Court of Appeals for the Seventh Circuit held that the requirements of the Prison Litigation Reform Act (PLRA) do not apply to properly characterized habeas corpus petitions under 18 U.S.C. §§ 2241, 2254, or 2255, finding that those actions are not …
Article • September 15, 2001 • from PLN September, 2001
Possibility of Life in Control Unit Doesn't Mitigate Death by Possibility of Life In Control Unit Doesn't Mitigate Death The Court of Appeals for the Seventh Circuit has held that the possibility of life imprisonment in a control unit is not a mitigating factor in a federal death penalty case. …
PAMII Act Requires Release of Mental Health Records by A federal district court in Louisiana has held that federal law requires prison officials to release a prisoner's mental health records for investigation of claims of mistreatment. Prisoner William Ford sent a letter to the Advocacy Center complaining that he has …
Maryland Court Ruling on Tobacco Smoke Prompts Settlement by A Maryland federal district court's ruling denying summary judgment in an "environmental tobacco smoke" (ETS) case has prompted the Maryland Department of Public Safety and Correctional Services (DOPSACS) to ban tobacco, matches, and lighters at all Maryland state prisons, effective June, …
Article • September 15, 2001 • from PLN September, 2001
Ninth Circuit Reverses Time-Barred Habeas Petition by The Ninth Circuit Court of Appeals, sitting en banc , reversed a district court's dismissal of a federal habeas petition as time barred, and remanded the case to the district court to develop the record regarding whether the prisoner was entitled to a …
Ohio Death Row Prisoners Sue Over Last Words by An Ohio federal district court refused to dismiss a challenge to an Ohio policy prohibiting condemned prisoners from giving last statements. The Court also discussed the PLRA's administrative exhaustion requirements and mootness concerns. Ohio Death Row prisoner Fred Treesh and another …
Article • September 15, 2001 • from PLN September, 2001
Dismissal of Prisoner's Suit for Missing Evidentiary Deadline Reversed by The Court of Appeals for the Seventh Circuit has reversed the dismissal of a prisoner's pro se civil rights suit for missing a single pre-trial deadline. Bobby Ray Long, an Indiana state prisoner, filed a civil rights suit in federal …
CCA Gets Tangled in Financial Quagmire by Ronald Young CCA Gets Tangled In Financial Quagmire Corrections Corporation of America said it is contesting an $8.1 million request for payment from Merrill Lynch & Company related to its hiring of the investment firm in late 1999 for advice on a company …
Article • September 15, 2001 • from PLN September, 2001
Feds Tally the Death Penalty by In December, 2000, the Bureau of Justice Statistics analyzed the United States' death penalty in a report titled "Capital Punishment 1999." It is an in-depth analysis of how the death penalty was applied in the United States in 1999, plus a preliminary execution report …
Environmental Concerns Halt Construction of Pennsylvania Prison by Ronald Young Environmental Concerns Halt Construction Of Pennsylvania Prison The wretched and overcrowded conditions at Washington, D.C.'s Lorton Correctional Complex have resulted in Congress giving the federal Bureau of Prisons (BOP) responsibility for housing all D.C. prisoners. Lorton, located in Fairfax, VA, …
Article • September 15, 2001 • from PLN September, 2001
Legal Research: How to Find and Understand the Law by Sam Rutherford by Stephen Elias and Susan Levinkind Legal Research does exactly what its title indicates; it explains how to find and understand the law. The book is written in easy to understand language, while imparting a vast amount of …
Summary Judgment Denied on BOP Excessive Force Claims by The Federal District Court in Kansas has denied summary judgment on a prisoner's claims of excessive force. The Court also held guards were not entitled to qualified immunity on these claims. In 1997, Felmon Laury was placed in the Special Housing …
Article • September 15, 2001 • from PLN September, 2001
Denial of Religious Diet Violates First Amendment by The Court of Appeals for the Eighth Circuit held that prison officials' denial of a religious diet violated the First Amendment by substantially burdening a state prisoner's religious beliefs. Arkansas state prisoner Kelvin Love is a self-proclaimed adherent of the "Hebrew religion." …
Article • September 15, 2001 • from PLN September, 2001
Virginia Excessive Force Claim Set for Trial by A federal district court in Virginia denied Deputy Sheriff F.C. Bruce's motion to dismiss a claim brought by Kelvin Watford in which Watford complained that Bruce assaulted him, resulting in "bruising, scarring, and swelling." The Court discussed " de minimis injury" and …
Article • September 15, 2001 • from PLN September, 2001
Snitch Culture: How Citizens Are Turned into the Eyes and Ears of the State by Hans Sherrer by Jim Redden, Feral House, 2001, 235 pages Snitch Culture is a timely examination of how personal and technological snitching is used by the state and by private organizations, in conjunction with informational …
Article • September 15, 2001 • from PLN September, 2001
Rhode Island Prison Strip Searches Struck Down by The Court of Appeals for the First Circuit has held that two Rhode Island Department of Corrections (RIDOC) policies routinely subjecting all males committed to the state prison to strip searches and visual body cavity searches are not reasonable under Bell v …
Failure to Protect Confidential Informant Not Deliberate Indifference by The Court of Appeals for the Second Circuit held that the conduct of a county, when housing a prisoner with another prisoner against whom he had acted as a confidential informant, did not rise to the level of an Eighth Amendment …
Article • September 15, 2001 • from PLN September, 2001
Suits Claiming Racial Discrimination Plague Florida Prisons by Gary Hunter Citing incidents dating back to 1993, over 100 current and past employees are suing the Florida DOC for perpetuating a "long standing custom or policy of racial discrimination." What began as two law suits in December 1999 increased to four …
Private Prison Woes in Ohio by Gary Hunter Less than two years after it opened, the second privately operated prison in the state of Ohio is already in trouble. CiviGenics, a private prison company out of Massachusetts, has succumbed to pressure applied by the state employees union. On January 10, …
BOP Guards Smuggle Sperm by In October, 2000, federal prison guards Troy Kemmerer and Todd Swineford were arrested and indicted for accepting money to help smuggle cryogenic sperm kits to a New York City fertility clinic. The investigation began over two years ago when convicted hit man Kevin Granato sat …
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