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Brazoria Trial Brings Acquittals, Convictions in Jail Beatings by In October, 1999, a federal jury returned acquittals and a minor conviction against private prison guards charged with beating and abusing Missouri prisoners. As previously reported in PLN, some 100 Missouri prisoners were sent to the Brazoria county jail in Texas …
ADA and RA May Require Sign Language Interpreters by Eighth Circuit held that a deaf-mute prisoner stated a prima facie claim against the Missouri Department of Corrections (MDOC) for violations of the Rehabilitation Act (RA) and Title II of the Americans with Disabilities Act (ADA) for failing to provide him …
Out-of-State Prisoner Housing Contracts Subject to Long-Arm Jurisdiction by A federal court in Missouri has held that Missouri prisoners whose incarceration was contracted to Brazoria County, Texas, could sue Brazoria County in Missouri. This is a lawsuit filed in Missouri federal district court by Missouri state prisoners who were abused …
Article • March 15, 2000 • from PLN March, 2000
CCPOA Runs Corcoran TV 'Ads' by The California Correctional Peace Officers Association (CCPOA), a union representing California prison guards, has launched a year-long campaign of 30-second television ads aimed at improving the public perception of Corcoran prison guards. The five 30-second ads all begin with the line: "Corcoran officers: They …
Article • March 15, 2000 • from PLN March, 2000
Review: With Liberty for Some: 500 Years of Imprisonment in America by Rick Card by Scott Christianson,Northeastern University Press, 1998 Review by Rick Card Prisoners have played an important role in the entire story of America. From the founding of the New World by Christopher Columbus to the economic power …
Article • March 15, 2000 • from PLN March, 2000
The Keeper of the Keys by Rick Card by Lee Dickenson, Lost Coast Press, 1999, 161 pages Review by Rick Card In a sequel to The Sounding Tree, published last year [PLN, May 1999], Lee Dickenson now offers a bundle of unrelated tales about his experience as a Connecticut prison …
Article • March 15, 2000 • from PLN March, 2000
Gender and Justice: Women, Drugs, and Sentencing Policy by A new study reveals a dramatic surge nationwide of women incarcerated for drug offenses - an 888% increase between 1986-96, in comparison to a rise of 129% for all non-drug offenses. The study by The Sentencing Project documents that while the …
Article • March 15, 2000 • from PLN March, 2000
Dean Injunction Clarified in Washington 35% Suit by Wright Acted On PLN has extensively reported the state and federal litigation challenging the constitutionality of RCW 72.09.480. RCW 72.09.480 is the statute which allows the Washington Department of Corrections (DOC) to seize 35% of all funds sent to Washington prisoners. As …
Washington DOC Settles Mail Censorship Suit by In early October, 1999, the Wash- ington Department of Corrections settled a wide ranging lawsuit challenging various aspects of its mail censorship policies. PLN reported the filing of the suit in its November, 1997, issue. The lawsuit had publisher plaintiffs Humanists of Washington, …
Article • March 15, 2000 • from PLN March, 2000
Washington DOC Public Disclosure Overcharges Struck Down by On September 17, 1999, Spokane superior court judge Ellen Clark ruled that the Washington Department of corrections has been overcharging for Public Disclosure Act (PDA) requests. RCW 42.17 allows citizens to seek documents from state and local government agencies. RCW 42.17.300 allows …
New Folsom Year Long Lockdown by Willie Wisely by W. Wisely Northern California Mexican prisoners have been locked down since November 21, 1998, at New Folsom Prison's C Facility. The lockdown began when Northern and Southern California Mexican prisoners, long time enemies, fought on the yard. Ken Hurdle, an ombudsman …
Class Certification Appeals Must Be Timely by The Court of Appeals for the Seventh Circuit held that parties seeking to immediately appeal decisions to grant or deny class certification must do so within the ten days prescribed by Federal Rules of Appellate Procedure (FRAP) 23(f). Women prisoners in the Cook …
Article • March 15, 2000 • from PLN March, 2000
Filed under: Mail, Mail Regulations
Michigan DOC Settles Lawsuit Over PLN Book Ban by In April, 1999, the Michigan DOC settled a class action lawsuit filed by Prison Legal News, Common Courage Press, and Michigan prisoners Larry Lynch and Calvin Holmes over the censorship of the PLN anthology, The Celling of America: An Inside Look …
Article • March 15, 2000 • from PLN March, 2000
Filed under: News, News in Brief
News in Brief by Bermuda: On December 22, 1999, the British territory abolished the death penalty and corporal punishment. CA: In December, 1999, Charles Scott was arrested by Kern county sheriff's deputies after they found 34 rifles and pistols, tear gas, stingball and flash bang grenades in his home. Police …
Brief • March 14, 2000
Spina v. Kurtz, PA, Order, Civil Action Schuylkill County Prison, 2000 ,fc 1f je fl11et1 f-. .1,' u( fott- I £,( ( +r v c( 3 DO W1 . IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICB~EL ANDREW SPINA, Plaintiff CIVIL ACTION v. DAVID KURTZ, …
Brief • March 3, 2000
Bossard Associates v. District of Columbia, DC, Release, Court Reporter Payment, 2000 n... ~ flAR zooO RELEASE KNOW ALL PERSONS BY THESE PRESENTS, that Bossard Associates, Inc., 1212 New York Ave., NW, Washington, DC 20005, Tax Identification No~ereinafterBossard), for and in consideration ofthe sum ofFifteen Thousand Nine Hundred Twenty Dollars …
Filing • March 2, 2000
PLN v. WA DOC, WA, Complaint, Records - Employee Conduct, 2000 2 3 4 5 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF THURSTON 6 7 PRISON LEGAL NEWS, INC., a Washington non-profit corporation, 8 Plaintiff, ) ) ) ) ) 9 I0 …
Miscarriage is Serious Medical Condition by A federal district court in Maine held that a miscarriage is a serious medical condition, but dismissed a state law medical negligence claim for failure to comply with the pre-suit screening requirements of the Maine Tort Claims Act (MTC). On June 13, 1996, Melissa …
Article • February 15, 2000 • from PLN February, 2000
Filed under: Civil Procedure, Costs
Indigence is Cause to Retax Costs by The court of appeals for the Ninth circuit held that a district court abused its discretion in denying a motion to retax costs when the losing plaintiff was indigent and the effect of taxing costs against the plaintiff would chill future civil rights …
Article • February 15, 2000 • from PLN February, 2000
Notice of Summary Judgment Requirements Mandatory by The U.S. court of appeals for the Second Circuit held that it is inappropriate to enter summary judgment against a pro se litigant if there is no indication that the litigant understands the requirements for summary judgment. In 1995, Stanley McPherson was a …
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