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Heck Does Not Bar Evidence in Shooting Case by Ronald Young The U.S. district court for the East ern District of California held that a prisoner was not precluded from introducing evidence contradicting factual findings of disciplinary proceeding instituted against prisoner as a result of incident. Vincent Marquez, a California …
Absent Plain Error, Objection Necessary to Preserve Issues by The appeals court for the Seventh circuit held that if a pretrial ruling is definitive, objection at trial is not necessary to preserve the issue for appellate review. The court also held that objection to a guard's counsel's references to pretrial …
Article • May 15, 2000 • from PLN May, 2000
$880,000 In GA Medical Neglect Suit by On February 27, 1999, a Baldwin county superior court jury in Georgia awarded prisoner Stephanie Stitt $600,000 in damages in a medical neglect suit against Correctional Medical Systems (CMS). Stitt fell and injured her back while playing volleyball at the Baldwin State Prison. …
Article • May 15, 2000 • from PLN May, 2000
Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion by Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion When the United States District Court (SD NY) dismissed a prisoner's 42 U.S.C. § 1983 complaint for his failure to serve …
Turkish Political Prisoners Massacred by On September 26, 1999, eleven political prisoners in a Turkish prison were massacred by police. The victims were imprisoned members of the People's Revolutionary Liberation Front Party (DHKP-C) and the Communist Party of Turkey-Marxist-Leninist (TKP-ML). Both organizations are currently waging people's wars to overthrow the …
Four Florida Prison Guards Face Murder Charges by Nine guards from Florida State Prison's "X-Wing" were suspended while state law enforcement investigators probed their role in the July 17, 1999 beating death of X-Wing prisoner Frank Valdes [see page 1 of the October 1999 PLN]. On February 2, 2000, four …
South Carolina Prisoner Wins Excessive Use of Force Suit Pro Se by South Carolina Prisoner Wins Excessive Use Of Force Suit Pro Se By Matthew T. Clarke In an unpublished opinion, the Fourth Circuit court of appeals has held that a South Carolina federal district court improperly failed to consider …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
Article • March 15, 2000 • from PLN March, 2000
Third Circuit Evenly Split on PLRA Attorney Fee Cap by Circuit has barely upheld the constitutionallity of the Attorney Fee Cap Provision of the Prison Litigation Reform Act (PLRA) 42 U.S.C. § 1997e(d). Michael Collins brought suit alleging the defendants violated his constitutional rights when he was attacked by a …
CCA Facility Cited for Sex Scandal by On Sept. 17, 1999, Colorado Dept. of Corrections officials confirmed that they are investigating allegations of brutality, sexual misconduct and drug trafficking involving guards at the CCA-operated Kit Carson Corr. Facility in Burlington, which houses around 650 state prisoners. The investigation began in …
Brazoria Trial Brings Acquittals, Convictions in Jail Beatings by In October, 1999, a federal jury returned acquittals and a minor conviction against private prison guards charged with beating and abusing Missouri prisoners. As previously reported in PLN, some 100 Missouri prisoners were sent to the Brazoria county jail in Texas …
Out-of-State Prisoner Housing Contracts Subject to Long-Arm Jurisdiction by A federal court in Missouri has held that Missouri prisoners whose incarceration was contracted to Brazoria County, Texas, could sue Brazoria County in Missouri. This is a lawsuit filed in Missouri federal district court by Missouri state prisoners who were abused …
Israeli Supreme Court Limits Torture by In a Sept. 1999 ruling, Israel's Supreme Court outlawed the systemic torture of Palestinian detainees by the country's security forces. Israeli authorities had long claimed that "moderate physical pressure" during interrogations was necessary to combat terrorism. Palestinian prisoners, many detained without being charged, were …
Article • February 15, 2000 • from PLN February, 2000
Torture "Aberrational" in U.S. by On October 15, 1999 the Clinton administration submitted a report to the U.N. Committee Against Torture, admitting abuses in the United States but calling them rare. "We fully acknowledge in this report there continue to be areas of concern, contention and criticism," said Assistant Secretary …
America's Toughest Sheriff Settles for $8.25 Million in Wrongful Death Suit by In 1996 Scott Norberg was arrested for assaulting a Mesa, Arizona police officer and booked into the Maricopa County Jail, which is run by "America's Toughest Sheriff" Joe Arpaio. The next day Norberg, 35, was choked to death …
Abuse of Force at Virginia's Supermax by Dan Pens Shoot 'Em if They Step Out of Line by Dan Pens Shortly after publication of the July PLN, cover article: "Strip Mining Human Rights in Virginia's Supermax Dungeons", PLN received a letter from a prisoner at Red Onion, one of Virginia's …
Nine Florida Guards Injured in Scuffle by Heightened tensions between prisoners and guards stemming from the July beating death of Frank Valdes at the hands of Florida State Prison guards may have contributed to a September clash between prisoners and guards at the Union Correctional Center in Raiford. According to …
California Guards Abuse Young Prisoners by Willie Wisely by W. Wisely In a developing investigation eerily reminiscent of the abuse, corruption, and cover-ups at Corcoran prison, California Youth Authority guards stand accused of beating, and setting up fights between, youthful offenders at Youth Correctional Facility (YCF) in Chino, California. A …
Article • January 15, 2000 • from PLN January, 2000
Amnesty International Calls for Stun Belt Ban by Julia Lutsky In 1996 Amnesty International called on the United States to "establish a rigorous independent inquiry into the use of stun belts and all other types and variants of electro-shock weapons;" it now calls for the outright banning of stun belts. …
Article • January 15, 2000 • from PLN January, 2000
Florida DOC Curtails Use of Stun Belts by After several Florida circuit judges ordered the state prison system to stop using stun belts on prisoners, DOC Chief of Operations James Upchurch ordered the routine use of the of the belts temporarily discontinued, the Palm Beach Post reported in its 23 …
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