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New Mexico Private and State Prison Phone Rates Challenged by Two separate state court class action lawsuits have challenged the excessive phone rates charged to people who accept collect calls from New Mexico state prisoners. The first lawsuit, Valdez v. Wackenhut Corrections Corporation, was filed on December 30, 1999, in …
$150,000 Judgment Against Prison Officials Upheld by A federal district court in New York upheld a $150,000 jury verdict against prison officials, concluding that the award was not excessive. The court also held, in a separate ruling, that the Prison Litigation Reform Act, (PLRA), cap on attorney's fees does not …
Article • May 15, 2000 • from PLN May, 2000
Filed under: Sentencing, Habeas Corpus
Post Conviction Update by Reaves, Jr, Walter M by Walter M. Reaves, Jr. This column will address recent decisions which have some impact on post-conviction procedure. The summary is by no means exhaustive, and contains only those decisions which may have some potential impact on defendants pursuing to post-conviction claims. …
Retaliation, Publication Ban and Lack of Dental Care States Claim by The court of appeals for the Eighth circuit held that a prisoner's complaint that he was retaliated against for using the prison grievance system, denied access to all publications and denied dental care, stated a claim. Missouri prisoner Percy …
Article • May 15, 2000 • from PLN May, 2000
Bad Water Causes Florida Prison Evacuation by More than 700 prisoners at Florida's maximum-security Martin Correctional Institution (MCI) had to be evacuated October 26, 1999 while state crews scrambled to make emergency repairs to a water plant plagued by breakdowns, sickening odors and contaminants. Workers set up portable toilets and …
Article • May 15, 2000 • from PLN May, 2000
Investigators Probe Ohio Paroles-For-Sale Scam by After receiving a tip from an unidentified informant in June of 1997, Ohio prison officials uncovered evidence of a parole-for-pay scam. While screening prisoner mail, officials read a letter from Grafton Correctional Institution prisoner Bubba Shumate addressed to Lynn Moore, a former Grafton prisoner …
Article • May 15, 2000 • from PLN May, 2000
Qualified Immunity Denied in BOP Transsexual Strip Search by Bob Williams The Tenth Circuit Court of Appeals has denied qualified immunity to federal prison officials for a transsexual strip search conducted in front of numerous spectators. Dee Farmer, a prisoner in the Federal Bureau of Prisons (BOP) at FCI Englewood, …
Article • May 15, 2000 • from PLN May, 2000
PLRA Applies to Prospective Relief; Fees Are Not Prospective Relief by A federal court in Florida held that a provision of the Prison Litigation reform Act (PLRA) automatically staying enforcement of prospective relief under consent decrees applies only to prospective relief engendered within the consent decree, and not to the …
Warrantless Police Search of Prisoners Cell Upheld; Damages Awarded For Retaliation by Warrantless Police Search of Prisoners Cell Upheld; Damages Awarded For Retaliation The Second Circuit court of appeals has upheld the warrantless search of a prisoner's cell by guards acting for police detectives. $401 in damages was awarded for …
Article • May 15, 2000 • from PLN May, 2000
No Appeal Bond Required for Indigent Colorado Litigants by No Appeal Bond Required for Indigent Colorado Litigants The Colorado Supreme Court has held that a state district court may not condition an indigent prisoner's appeal on the posting of an appeal bond. Thomas E. Rodden, a Colorado prisoner in the …
Article • May 15, 2000 • from PLN May, 2000
Loss of Good Time for Kansas SATP Refusal Upheld by Bob Williams Loss Of Good Time For Kansas SATP Refusal Upheld by Bob Williams The Tenth Circuit Court of Appeals has held that even when loss of good time credits are the consequences of refusal to comply with the core …
Article • May 15, 2000 • from PLN May, 2000
South Dakota Attorney Fee Award of $106,877 Upheld Under PLRA by The U.S. Court of Appeals for the 8th Circuit has upheld an award of $106,877.74 in attorney fees for work done to enforce a consent decree issued by the U.S. District Court for the District of South Dakota. The …
Article • May 15, 2000 • from PLN May, 2000
Court Modifies Education Plan for Rikers Island Youth by David Reutter by David M. Reutter In continuing its enforcement of an "Education Plan" for the Rikers Island Academies, a New York federal district court has made modifications to the Plan because it is "deficient in many respects." PLN previously reported …
Article • May 15, 2000 • from PLN May, 2000
BOP Prisoners Eligible for Drug Treatment Without Documented History of Abuse by A U.S. District Court in Oregon found a federal prisoner was eligible for participation in a drug treatment program and a one-year sentence reduction upon successful completion of that program. Martin Kuna, a prisoner at the Federal Correctional …
Article • May 15, 2000 • from PLN May, 2000
Oregon Contraband Conviction Reversed by The Oregon Court of Appeals reversed a prisoner's conviction for supplying contraband, finding that there was insufficient evidence to sustain the conviction. Jose Hernandez, a prisoner at the Umatilla County jail, was found in possession of a powdery substance which was later determined to be …
Article • May 15, 2000 • from PLN May, 2000
Filed under: News, News in Brief
News in Brief by Afghanistan: On October 10, 2003, 41 prisoners tunneled out of the Khandahar jail through a 30 foot tunnel. Some, but not all, the prisoners were members of the Taliban. Taliban commander Mullah Sabir told media that the group, which is fighting the American occupation of the …
Article • May 15, 2000 • from PLN May, 2000
New Jersey Sex Offender Treatment Statute Creates Liberty Interest by The Third Circuit Court of Appeals reversed a district court's FRCP 12(c) dismissal of a prisoner's action stemming from a failure to provide sex offender treatment. The court held that the unique statutory scheme at issue created a liberty interest …
Article • May 15, 2000 • from PLN May, 2000
Magistrate Judge Recuses Self in BOP Medical Treatment Case by Magistrate Judge Recuses Self in BOP Medical Treatment Case A Magistrate Judge for the District of Columbia has recused himself on the federal government's motion from a case involving the Bureau of Prisons (BOP) and its medical care of a …
Grievances Exhausted When Prison Officials Fail to Respond by The Seventh Circuit Court of Appeals held that when prison officials fail to respond to administrative remedies, those remedies are rendered "unavailable" and deemed exhausted under the Prison Litigation Reform Act (PLRA). The court also held that prison officials were not …
Dismissal Reversed for Determination Whether Prisoner Was Misled About Remedies by Dismissal Reversed for Determination Whether Prisoner Was Misled About Remedies The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's suit. The court ruled that there was a substantial, disputed question …
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