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IFP Litigant Entitled to Amend Complaint by The court of appeals for the Second circuit held that a district court erred when it dismissed an indigent pro se prisoner's complaint without affording him an opportunity to amend the complaint and cure the defect. Benjamin Cruz, a Connecticut state prisoner, filed …
Article • January 15, 2001 • from PLN January, 2001
Hepatitis C, A 'Silent Epidemic' Strikes U.S. Prisons by Silja JA Talvi It's been called the nation's most insidious virus. A "silent epidemic" that has swept the nation, hepatitis C is now the most common, chronic, bloodborne infection in the U.S. Because the virus often causes no noticeable symptoms for …
Louisiana Prison System Exceeds Administrative Statutory Authority by The Court of Appeals of Louisiana for the First Circuit has held the Department of Public Safety and Corrections (DPSC) exceeded its statutory authority when it referred prisoners to a "Special Court" for the additional forfeiture of good time when they had …
Article • January 15, 2001 • from PLN January, 2001
U.S. S.Ct. Upholds PLRA Automatic Termination Law by On June 19, 2000, a divided U.S. supreme court upheld the constitutionality of 18 U.S.C. § 3626(e)(2). In 1996 congress enacted the Prison Litigation Reform Act (PLRA). Among the PLRA's provisions are 18 U.S.C. § 3626(b)(2) which allows for the "immediate termination" …
Florida X-Wing Guard Acquitted in Valdes Beating by The first of five Florida State Prison guards to be tried in connection with the beating death of "XWing" prisoner Frank Valdes was acquitted by a jury in a rural county dominated by the state "corrections" industry. In the October 1999 PLN …
Article • January 15, 2001 • from PLN January, 2001
Wisconsin Supermax Bans Local Paper by When the southwestern Wisconsin town of Boscobel celebrated the grand opening of a 509bed supermax prison in September 1999, the festive atmosphere was likened to a carnival or state fair so happy were the townspeople to bring in jobs, jobs, jobs. Venders hawked sodas, …
Filing • January 10, 2001
PLN v. WA DOC, WA, Show Cause Order, Public Records - Employee Death, 2001 I /\ I 2 3 4 IN THE SUPERJOR COURT OF THE STATE OF WASHING TON IN AND FOR THE COUNTY OF THURSTON 5 6 7 PRJSON LEGAL NEWS, INC., a Washington non-profit corporation, No. 00-2-00432-7 …
Brief • January 2, 2001
Diaz v. Suffolk County Sheriff, MA, Complaint, Excessive Force, Discrimination, 2001 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. SUPERIOR COURT C.A. NO. 99-3956G ******************************* MANUEL DIAZ, et al * * plaintiff * * v. * * SUFFOLK COUNTY SHERIFF * RICHARD ROUSE, * SGT. E. MATICCI, and * several JOHN DOES * …
Brief • December 19, 2000
Ashman v. Marshall, MA, Complaint, Unsanitary Prison Conditions, 2000 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. _ DENTON ASHMAN, KENNETH BERNSTEIN, FREDERICK CHRISTIAN, STEPHEN DOHERTY, RICHARD EILERTSEN, SCOTT FREZZA, DAMON GENTILE, ROBERT GRADY, CRAIG HOLLIDAY, ANDREW KILBURN, TED OTSUKI, CLINTON RICHARDSON, GEORGE SCHINDLER, MICHAEL THOMPSON, HUNG TROUNG …
Brief • December 19, 2000
Ashman v. Marshall, MA, Complaint, Inhumane Confinement Conditions, 2000 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. _ DENTON ASHMAN, KENNETH BERNSTEIN, FREDERICK CHRISTIAN, STEPHEN DOHERTY, RICHARD EILERTSEN, SCOTT FREZZA, DAMON GENTILE, ROBERT GRADY, CRAIG HOLLIDAY, ANDREW KILBURN, TED OTSUKI, CLINTON RICHARDSON, GEORGE SCHINDLER, MICHAEL THOMPSON, HUNG TROUNG …
Article • December 15, 2000 • from PLN December, 2000
Filed under: News, News in Brief
News in Brief by NEWS IN BRIEF: AZ: On September 12, 2000, 20 Hawaiian prisoners at a Corrections Corporation of America (CCA) prison in Florence rioted and took a guard hostage. While complaining about the way their rice was cooked, prisoners took CCA guard Dean Goodwin hostage for 15 minutes. …
Excessive Force Claims Require Administrative Exhaustion by The court of appeals for the Sixth circuit held that prisoners filing suit seeking only money damages for excessive use of force by prison employees must exhaust their administrative remedies before they file suit. Dwight Freeman, an Ohio state prisoner, filed suit seeking …
Sexual Assault, Beatings State Claim by The court of appeals for the Second circuit held that a district court erred when it, sua sponte, dismissed a prisoner's claim that he was beaten and sexually assaulted by guards. The court also held that the lower court erred when it dismissed the …
En Banc Sixth Circuit Addresses Mental Health Care by By Matthew T. Clarke Anthony Wade was a Michigan state prisoner who committed suicide by taking an overdose of anti-depressant Sinequan (Doxepine) pills. During the year Wade was in presentencing incarceration at the Wayne County Jail (WCJ), he suffered from depression …
Article • December 15, 2000 • from PLN December, 2000
WA 35% Seizure Statute Ruled on by Ninth Circuit by Paul Wright By Paul Wright The court of appeals for the Ninth circuit upheld the constitutionality of a Washington state statute that allows the Washington Department of Corrections (DOC) to seize 35% of all money sent to prisoners from sources …
Article • December 15, 2000 • from PLN December, 2000
Filed under: Medical, HIV/AIDS
Notes From the Unrepenitentiary: CA Prisoners Denied Medical Care by Linda Evans By Linda Evans Once again the Prison Litigation Reform Act (PLRA) and federal courts have prevailed in their determination to suppress prisoners' human rights. Despite startling new evidence of records tampering, falsified medical test results, and medical neglect, …
Article • December 15, 2000 • from PLN December, 2000
Family Impact of Out of State Transfers Immaterial by The court of appeals for the Seventh circuit held that no due process right of minor children was violated when their imprisoned mother was transferred to a federal prison in West Virginia from a Wisconsin prison. Carin Froehlich is a Wisconsin …
Death as a Salesman: Benneton Ad Campaign Comes to Death Row by Dan Pens By Dan Pens In January, 2000, Italian fashion conglomerate Benetton Group kicked off a worldwide "issue advocacy" ad campaign titled "Looking Death in the Face." The ads, featuring images of death row prisoners, sparked outrage among …
Illinois Supermax Hunger Strike by Dan Pens By Dan Pens Displaying remarkable solidarity while encaged under unimaginably oppressive conditions, more than half of the 273 prisoners at the Tamms Supermax prison in downstate Illinois began a hunger strike by refusing their breakfast on May 1,2000. Prison officials said 173 prisoners …
Attorney Fees Awarded in Challenge to Nevada Shooting Policy by A federal district court in Nevada warded prisoners attorneys' fees and costs totaling $374,370.17 in an action challenging prison practices concerning the use of force and mental health services. Following the decisions, the Nevada Attorney General's office negotiated the award …
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