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The Ride: Rise of the NLR by Willie Wisely THE RIDE: Rise of the NLR By W. Wisely With virtually all confirmed members of the Aryan Brotherhood indefinitely sentenced to Pelican Bay's infamous SHU, a new group moved in to fill the void on California prison yards. The pace of …
Sex Offender Label May Require Due Process by The Eleventh Circuit ruled that absent a conviction for a sex related crime, classification of a state prisoner as a sex offender (and requiring him to register as a sex offender) implicates a liberty interest under the Due Process Clause. Jeffery Kirby …
Article • September 15, 2000 • from PLN September, 2000
No Qualified Immunity from ETS Exposure by The U.S. court of appeals for the Second Circuit held that it was clearly established after Helling v. McKinney, 509 U.S. 25 (1993), that prison officials could not be deliberately indifferent to exposure of prisoners to levels of environmental tobacco smoke (ETS) that …
Article • September 15, 2000 • from PLN September, 2000
Two Guards Killed During Botched Missouri Jail Escape by On June 22, 2000, a man and a woman rang the night bell of small county jail in Huntsville, Missouri, and when they were let in gunned down two guards in a botched attempt to spring a friend who was detained …
Race-Based Religious Policy Violates Equal Protection Clause by A federal district court in Virginia held that a race-based prison policy preventing non-Native American prisoners from obtaining Native American spiritual items violated the Equal Protection Clause. The court issued an injunction enjoining the application of the policy, based solely on race. …
Article • September 15, 2000 • from PLN September, 2000
Colorado DOC Attacks Jailhouse Lawyers by In March 1998, PLN reported on the case of Tebbetts v. Whitson, 956 P.2d 639 (Colo.App. 1997), where a Colorado prisoner was convicted of attempted bartering as a jailhouse lawyer and possessing another prisoner's legal papers. The Court of Appeals held the attempted bartering …
Change in Fulton County, GA: Indigent Defense, HIV, and Community Organizing by Lisa Zahren The Fulton County Jail in Atlanta is the largest jail in Georgia, with approximately 3,000 prisoners held there for months and sometimes years waiting for their cases to be resolved or to be transferred to a …
Article • September 15, 2000 • from PLN September, 2000
Prison Physician Liable for Refusal of Care by Ronald Young Prison Physician Liable For Refusal of Care The Seventh Circuit Court of Appeals held that a federal prisoner's Biven's claim did not state a medical care claim against a prison guard who failed to have the prisoner checked out after …
Washington Earned Early Release Credits Create Due Process Liberty Interests by Mark Cook The Washington State Court of Appeals, Division One, has held that: (1) a prisoner's right to community custody placement created limited due process liberty interests, but (2) delay did not violate prisoner's due process rights. Matthew S. …
Fines Against WA Civil Commitment Center Stayed by Dan Pens In the May 2000 issue of PLN we reported the progress of a federal court injunction issued in 1994 against Washington's Special Commitment Center (SCC), the nation's first civil commitment facility specifically for the long-term detention and "treatment" of "sexual …
U.S. Parole Commission Retaliation Reversed by Scott Fleming The Ninth Circuit U.S. Court of Appeals issued a ruling that safeguards the due process rights of prisoners whose release dates are committed to the discretion of parole agencies. In Bono v. Benov, 197 F.3d 409 (9th Cir. 1999), the court affirmed …
$53,000 Settlement in AL Conditions Suit by On April 8, 2000, the Alabama Department of Corrections settled a conditions lawsuit by agreeing to pay eight prisoners $53,000 in damages and establish basic standards of care at the Loxley Community Work Center in Mobile, Alabama. In August, 1997, eight prisoners were …
Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape Suit by Mark Cook Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape suit By Mark Cook The U.S. District Court for the Northern District of California held: (1) prisoners' action was not one sounding in tort, …
Article • September 15, 2000 • from PLN September, 2000
Bush's Conservative Compassion: Allowing a Life Sentence for Three Bounced Checks by by Matthew T. Clarke Texas Governor George Bush has based his presidential aspirations on the questionable concept of compassionate conservatism, but how compassionate is the Texas criminal justice system in dealing with its citizens under the Bush regime. …
Article • September 15, 2000 • from PLN September, 2000
Censorship challenged in CO DOC by Censorship Challenged in CO DOC Eight publishers, the Association of Alternative Newsweeklies, and seven Colorado prisoners have filed suit in Federal District Court challenging the Colorado Department of Corrections (CDOC) Administrative Regulation (AR) 300-26 governing prisoner reading material. Over the past three years the …
Brief • August 28, 2000
Vincent v. Martin, MI, Judgment, Right to Counsel, 2000 2:99-cv-71416-AC Doc # 82 Filed 08/28/00 Pg 1 of 1 ~' AO 450 (Rev. 5/85) Judgment In 1 Clvll C.. Pg ID 296 • ~nii£h ~ta:i£s c!§l istrirt Qlourt ~~~~~~-E=A:..:.:.ST-=-=E~RN:..;_~~~~~DISTRJCTOF~~~M-I_C_H_I_G_A_N~~~~~~~~~ JOHN VINCENT, SR., and JOHN VINCENT, JR.,. Plaintiffs, JUDGMENT IN A …
Article • August 15, 2000 • from PLN August, 2000
Filed under: News, News in Brief
News in Brief by CT: On June 1, 2000, a mattress fire at the Northern Correctional Tnstitution, a control unit in Somers that includes the state's death row, left three prisoners and four guards injured. The guards were treated for smoke inhalation, one prisoner suffered burns and two others were …
Article • August 15, 2000 • from PLN August, 2000
Guard's Intentional Destruction of Typewriter States §1983 and Texas Tort Claims by A Texas state court of appeals has held that a guard's intentional destruction of a prisoner's typewriter states a claim under 42 U.S.C. §1983 and Texas tort law. Robert Gordon, a Texas state prisoner, filed suit under 42 …
Article • August 15, 2000 • from PLN August, 2000
America Behind Bars, video series from Deep Dish TV by Janet Stanton AMERICA BEHIND BARS, video series from Deep Dish TV Review By Janet Stanton No society since Nazi Germany has built so many prisons in such a short time. Each of those prisons is a school or a hospital …
WA Guard Discrimination Suit Settled for $250,000 by In the May, 1999, issue of PLN we reported the widespread racism among white prison employees in the Washington Department of Corrections (DOC) and the resulting hostile work environment it created for minority employees as well as prisoners. In July, 1998, black …
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