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Brief • April 17, 2000
Spina v. Kurtz, PA, Denial of MSJ, Civil Action Schuylkill County Prison, 2000 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL ANDREW SPINA, Plaintiff CIVIL ACTION ElLEDAPR J7~,UlJO v. DAVID KURTZ, et al., Defendants NO. 99-1611 Newcomer, S.J. March MEMORANDUM Presently before this Court is …
Article • April 15, 2000 • from PLN April, 2000
Filed under: Sentencing, Parole
California's No Parole Board by Marvin Mentor With no change in the statutory standards for lifer parole hearings, the CA Board of Prison Terms (BPT) has reduced its rate of parole grants from 50% in 1978 to 0.2% in 1998. In April, 1999, newly elected Governor Davis (who has the …
Guards Fired in Massachusetts Sex Abuse Cases by Four guards were fired from the Suffolk County House of Correction in Boston in August and October 1999 on charges that they had sexual contact with female prisoners. One of the prisoners became pregnant in what was described by the Boston Globe …
Article • April 15, 2000 • from PLN April, 2000
Texas Prison Rocked by Guard Killing, Riot by A guard at the McConnell Unit prison in Beeville, Texas, was fatally stabbed a week before Christmas, 1999. Three days later 80 convicts escaped from their ad-seg cells and took control of the unit for three and a half hours before riot …
Article • April 15, 2000 • from PLN April, 2000
Two Die during Latest Angola Escape Attempt by Two Die During Latest Angola Escape Attempt by Dan Pens A guard and a prisoner were killed December 28, 1999 at Louisiana's maximum security penitentiary at Angola during a bungled escape attempt that ended after a two hour hostage standoff. The guard, …
Article • April 15, 2000 • from PLN April, 2000
Prison Must Provide Medication Supply to Released Prisoners by by Matthew T. Clarke The Ninth Circuit has held that prison officials must provide a supply of medications to prisoners requiring medication when they are released from prison. Timothy Wakefield, a California state prisoner who requires psychotropic medication to control his …
Article • April 15, 2000 • from PLN April, 2000
Virginia Court Requires Pro Se Prisoner Plaintiff to Appear Via Video Conference by by Matthew T. Clarke A federal district court in Virginia has held that a pro se prisoner must present his civil rights case to the jury via video conferencing. Michael S. Edwards, a Virginia state prisoner, filed …
New York Federal District Court Rules Nassau County Strip Search Policy Unconstitutional by Ray E. Shain was arrested in Nassau County, New York, after police received a domestic disturbance call, and subsequently remanded by a Nassau County District Court Judge to the custody of the Nassau County Sheriff at the …
Article • April 15, 2000 • from PLN April, 2000
Flight to Texas Execution 'Not Life Threatening' by Texas prisoner David Martin Long had a date with the nation's busiest executioner (who had already dispatched 31 souls in 1999) on Wednesday, December 8, 1999. But Long decided to go out on his own terms: prison guards found him unconscious from …
Article • April 15, 2000 • from PLN April, 2000
Eleven Guards Injured in CA Ruckus by Eleven guards were treated for injuries resulting from a November 22, 1999 incident at the High Desert State Prison in Susanville, California prison authorities said. One guard had two teeth knocked out, The Sacramento Bee reported, during an attack by about 60 prisoners …
Article • April 15, 2000 • from PLN April, 2000
HIV+ Prisoners Not Qualified For Rehabilitation Act Benefits by James Quigley The U.S. court of appeals for the Eleventh Circuit, sitting en banc, held that because prisoners infected with Human Immunodeficiency Virus (HIV+) pose a "significant risk" of transmission to uninfected prisoners, they are not "otherwise qualified," as required under …
NY Prisoner Worker Awarded $90,000 in Accident by In 1995 William Terry was a prisoner at the Lyon Mountain Correctional Facility where he worked as a hay shredding machine operator on the prison dairy farm. While operating the shredding machine without safety shields, Terry's glove became caught in the machine …
Virginia DOC Says 'No Pattern' of Sexual Abuse by In 1999 the Virginia Department of Corrections conducted an internal review of 44 complaints of sexual assault, harassment and fraternization between prisoners and staff of the Fluvanna Correctional Center for Women, all since the prison opened in April 1998. Even though …
No Qualified Immunity for Unsafe Working Conditions by A federal district court in New York held that a risk of future harm to a prisoner from dangerous chemicals at his prison job violates a clearly established right, from which prison officials are not immune. The court further held that the …
Article • April 15, 2000 • from PLN April, 2000
From the Editor by Paul Wright As this issue goes to press it is too early to have received any response on the matching grant campaign. Between May and January 2001, each issue of PLN will contain a bar graph showing how much has been donated to date and how …
Article • April 15, 2000 • from PLN April, 2000
Warrant Required Despite Private Prison Contract by The Court of Appeals for the Fifth Circuit held that a home detainee's contract with a private confinement company allowing warrantless home searches was invalid under Louisiana law. Therefore, any evidence from a warrantless search of his home was properly suppressed. Joshua Francis …
Article • April 15, 2000 • from PLN April, 2000
Discovering America As It Is by Hans Sherrer by Valdas Anelauskas, Clarity Press, Inc., Atlanta, Georgia, 1999, 584 pages Review by Hans Sherrer Discovering America is Valdas Anelauskas' challenge to the oft heard claim that America is the greatest country in the world. As a former Soviet dissident who emigrated …
Article • April 15, 2000 • from PLN April, 2000
Race to Incarcerate by Rick Card by Marc Mauer of the Sentencing Project,The New Press, 1999, 224 pages Review by Rick Card If understanding the social, political, and financial issues associated with our nation's massive prison system was a solution in itself, Marc Mauer's book, Race to Incarcerate, would spell …
Washington Prisoner May Not Challenge Underlying Infraction in Four Strike Disciplinary Violation by In the November 1998 issue of PLN we reported on In re Gronquist, 89 Wn.App. 596 P.2d 497 (WA Ct.App.Div.I 1997), where the Washington Court of Appeals granted Derek Gronquist's personal restraint petition alleging that he had …
Article • April 15, 2000 • from PLN April, 2000
Washington Health and Safety Standards Apply to Prison Work Places by The Washington State Supreme Court has held that the Dept. of Corrections (DOC) must comply with electrical licensing and safety laws, but not competitive bidding and prevailing wage laws, when managing prisoner labor. The National Electrical Contractor Association (NECA) …
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