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Article • July 15, 2000 • from PLN July, 2000
Iowa Supreme Court Holds Liberty Interest in Good Time Law by The Iowa supreme court held that Iowa prisoners have a due process liberty interest in their good time credits, but do not have a private cause of action under Iowa tort law for their negligent loss. Federal courts previously …
Slave Labor O.K. FLSA Does Not Apply to Detainees by by Matthew T. Clarke The Third Circuit court of appeals has held that detainees who won their appeals, but the state appealed further, are still "duly convicted" detainees for purposes of the Thirteenth Amendment's prohibition on slavery, even if the …
Article • July 15, 2000 • from PLN July, 2000
Mailbox Rule Applies to Section 2254/2255 Motions by The Tenth Circuit Court of Appeals held that a prisoner's pleadings were filed at the time he mailed them, even though he used the prison's regular mail system instead of its legal mail system. While incarcerated at the Federal Correctional Institution in …
Article • July 15, 2000 • from PLN July, 2000
Private Prison Contract May be Invalid by Private Prison Contract May Be Invalid The Colorado state court of appeals remanded a case to the trial court for a determination of the validity of a private prison contract. The court implied that the contract may be invalid but failed to indicate …
Retaliation Claim Remanded for Hearing on Qualified Immunity by Ronald Young Retaliation Claim Remanded For Hearing On Qualified Immunity By Ronald Young The court of appeals for the Second circuit held that a district court's denial of summary judgement to prison guards on grounds of qualified immunity required remand to …
Article • July 15, 2000 • from PLN July, 2000
IN Jail Settles Victim Suit for $650,000 by On September 10, 1999, the Howard County jail in Indiana settled a lawsuit by crime victims for $650,000. A mother, 44, and her 9 year old daughter were physically and sexually assaulted by a prisoner who escaped from the jail by using …
Article • July 15, 2000 • from PLN July, 2000
Filed under: Resources, Organizing
The Western Prison Project by The Western Prison Project exists to help build a movement for progressive prison and criminal justice reform in our region (OR, WA, ID, MT, WY, UT, NV). We help support grassroots organizations work¬ing on prison issues (through research, coordination of joint projects, and tech¬nical assistance), …
$820,000 Awarded to Informant and Wife for Assault by A federal district court in New York issued pre- and post-verdict opinions in a negligence action brought by a prisoner and his wife against jail officials. In the pre-verdict ruling, the court held that the plaintiffs were entitled to amend their …
Article • July 15, 2000 • from PLN July, 2000
From the Editor by Paul Wright On May 16, 2000, the Prison Activist Resource Center in Berkeley sponsored a fundraiser party for PLN in San Francisco. The hip hop/dance party featured DJ Neta, Bamudhi, Local 1200 DJs, Vine Folks and Emma Said. PLN co-founder Ed Mead spoke at the party …
Louisiana Sheriff Busted in Private Prison Scheme by In 1990, Dale Rinicker, then Sheriff of East Carroll Parish (county), Louisiana, saw a lot of money being made in the private "rent-a-jail" business and decided he wanted a piece of the action. So cooked up a scheme that would eventually net …
Article • July 15, 2000 • from PLN July, 2000
Habeas Hints: Williams Precedent by Kent Russell This column is intended to provide "habeas hints "for prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per'). The focus of the column is habeas corpus practice under the AEDPA - the 1996 habeas corpus law …
Article • July 15, 2000 • from PLN July, 2000
$1,800 Awarded in PA Retaliation Suit by On June 25, 1999, U.S. district court judge James McClure Jr. awarded $1,800 in damages to a Pennsylvania jail prisoner who was retaliated against for complaining about jail conditions. The judge also awarded $1 in nominal damages to another prisoner with a similar …
Article • July 15, 2000 • from PLN July, 2000
Restrained Washington Prisoner Exonerated in Assault on Guard by Terry A Kupers by Terry A. Kupers and Marybeth Dingledy Rodney Gitchel had been in 4-point restraints for two months inside the Special Offenders Center (S.O.C.) at the Monroe Correctional Complex in Washington when he struggled free of the restraints and …
Article • July 15, 2000 • from PLN July, 2000
Washington Jail Settles Exercise Suit by On October 12, 1999, the King County (Seattle) jail in Washington settled a class action suit concerning the amount of outdoor exercise provided to ultra high security (UHS) prisoners and detainees. In 1997 a class action suit was filed challenging the classification process and …
Another Texas Prison System Lockdown-Politics as Usual? by by Matthew T. Clarke For the second time in two years, the entire Texas prison system was locked down in a delayed response to isolated incidents in two Texas prisons, once again raising the specter of political motivation for the lockdown. The …
Article • July 15, 2000 • from PLN July, 2000
$1.5 Million Awarded in Arizona Jail Medical Neglect Suit by On April 15, 1999, a Maricopa County Superior Court jury awarded $1.5 million in damages to former Maricopa County (Phoenix, Arizona) jail detainee Timothy Griffin. Griffin was imprisoned for driving on a suspended license. Griffin has a history of ulcers. …
Prison Realty/CCA Verges on Bankruptcy by Dan Pens On March 31, 2000, Prison Realty Trust, Inc. announced operating losses of $62 million for the year ended December 31, 1999. Its largest subsidiary and chief tenant, Corrections Corporation of America (CCA), reported a net loss of $203 million for 1999. Independent …
Article • July 15, 2000 • from PLN July, 2000
$12,000 Awarded in NY Slip and Fall by On July 15, 1999, the New York court of claims awarded pro se New York state prisoner Hamilton Thompson 112,000 for past pain and suffering. In 1996, while imprisoned at the Oneida Correctional Facility, Thompson slipped and fell in a puddle of …
Brief • July 12, 2000
Benjamin v. Kerik, NY, Motion to Dismiss on Appeal, New York Jail Consent Decree, 2000
Brief • June 30, 2000
Miniken v. WA DOC, WA, FOIA Request, 2000 STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS OFFICE OF ADMINISTRATIVE SERVICES BUSINESS SERVICES P.O. Box 41107· Olympia, Washington 98504·1107 • (360) 586-6014 FAX (360) S86-6OO6 June 30, 2000 Mr. Donald Miniken, DOC #975666 c/o McNeil Island Corrections Center P.O. Box 881000 0-331-1 Steilacoom, …
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