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Article • February 15, 2000 • from PLN February, 2000
Tenth Circuit Clarifies Three Strikes by The court of appeals for the Tenth circuit held that under 28 U.S.C. 1915(g), which prohibits IFP status for prisoner litigants that have had three or more suits dismissed as frivolous, malicious or for failing to state a claim upon which relief can be …
Article • February 15, 2000 • from PLN February, 2000
Wisconsin Release Account Used to Pay Filing Fees by A federal district court in Wisconsin held that a prisoner's "release account" can be used to pay PLRA filing fees. The Wisconsin DOC takes a percentage of prisoners' money which it places in an account that can only be accessed when …
Article • February 15, 2000 • from PLN February, 2000
Warden Purged of Contempt by In the August, 1999, issue of PLN we reported Hall v. Stone, 170 F.3d 706 (7th Cir. 1999) in which Bureau of Prisons (BOP) warden John Farello was held in contempt of court for failing to pay a prisoners' PLRA filing fee. In this ruling …
PLRA Doesn't Apply to Civil Commitments by A federal district court in Massachusetts held that the PLRA does not apply to sexually dangerous people who are civilly committed, even when the facility they are housed in is in fact a prison administered by the state prison system. In 1975 a …
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA)
28 U.S.C. § 1915A Applies to All Prisoner Suits by 28 U.S.C. § 1915A Applies to All Prisoner Suits The court of appeals for the Second circuit held that 28 U.S.C. § 1915A applies to all suits filed by prisoners. Section 1915A requires district courts to screen civil suits filed …
Article • February 15, 2000 • from PLN February, 2000
Litigation Costs Not Dischargeable in Bankruptcy by A federal bankruptcy court in Idaho held that the PLRA's modification to the bankruptcy code, 11 U.S.C. § 523(a)(7), which exempts from chapter 7 bankruptcy discharge any debt involving filing fees and litigation costs, applies to non prisoners as well as prisoners. The …
Article • February 15, 2000 • from PLN February, 2000
Prison Guard Golf Tourney Tees off Town by Officials of the upstate New York town of Canton will no longer play host to a golf tournament for prison guards after the last event turned into a "drunk fest." During the August 13, 1999 event, New York prison guards urinated in …
Article • February 15, 2000 • from PLN February, 2000
Washington Prison Slavery Runs Competitors Out of Business by Paul Wright PLN has extensively reported that, contrary to the claims of its supporters, prison slave labor has historically cost free world workers their jobs and eliminated businesses who are unable to compete with prison slave wages. Prison slave labor also …
Article • February 15, 2000 • from PLN February, 2000
Filed under: Work, Prison Industries
Water Jet Companies Challenge Washington Slave Labor Laws by On August 31, 1999, the Washington Waterjet Workers Association (WWWA) filed suit in King county (Seattle) superior court in Washington, challenging the state Department of Corrections (DOC) practice of allowing private businesses to employ prisoner labor. The defendants are Howard Yarbrough, …
Article • February 15, 2000 • from PLN February, 2000
Prison Realty Hires PR Firm by Nashville-based Prison Realty Trust, the parent company of Corrections Corp. of America (CCA), has hired a leading public relations firm to improve its image. In Sept. 1999 Prison Realty retained Los Angeles-based Sitrick & Co., which specializes in crisis management. Sitrick will handle Prison …
Article • February 15, 2000 • from PLN February, 2000
Florida State Prison Halloween Melee by According to a report in The Orlando Sentinel, six Florida State Prison guards were injured during a Halloween incident at Florida State Prison. The disturbance began when FSP prisoner William Stiles set his mattress on fire. Other prisoners complained of respiratory problems because of …
Constitutionality of ADA Upheld by Fourth Circuit by In the September, 1998, issue of PLN we reported Amos v. Maryland Department of Public Safety, 126 F.3d 589 (4th Cir. 1997) in which the court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12165 and the Rehabilitation Act …
Cell Feed Status May Give Jailer Actual Notice of Need to Protect Prisoner by The First Circuit has held that the fact a jail supervisor knew a prisoner was on cell feed status may have given him actual notice of the prisoner's protective custody status when he placed the prisoner …
Article • February 15, 2000 • from PLN February, 2000
New Jersey Sex Offender Porn Ban Upheld by In the May, 1999, issue of PLN we reported Waterman v. Verniero, 12 F. Supp. 364 (D NJ 1998) where a federal district court preliminarily enjoined a New Jersey law banning sexually oriented material from a sex offender treatment prison. The same …
New York Parole Board Commissioner Convicted by Julia Lutsky Federal Inquiry Continues by Julia Lutsky In April of 1996 John Kim walked out of prison on parole; he had been sentenced four years earlier to four to twelve years for armed robbery. His father, Nam Soo Kim, pastor of one …
Article • February 15, 2000 • from PLN February, 2000
PLRA Administrative Remedy Exhaustion Requirement Not Retroactive by The Second Circuit has held that the Exhaustion of Administrative Remedies requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a), does not apply to suits pending prior to the PLRA's enactment. Abdullah Y. Salahuddin, a New York state prisoner, …
Nine Florida Guards Injured in Scuffle by Heightened tensions between prisoners and guards stemming from the July beating death of Frank Valdes at the hands of Florida State Prison guards may have contributed to a September clash between prisoners and guards at the Union Correctional Center in Raiford. According to …
Article • February 15, 2000 • from PLN February, 2000
Whitestone Foundation by Whitestone Foundation Focusing on New Post-Sentence Civil Commitment Laws Whitestone Foundation exposes programs designed to warehouse sex offenders. Since organizing in 1998, Whitestone has gained national attention. Our missions: 1) provide critical analysis of civil commitment programs designed to re-incarcerate criminals in indefinite confinement (touted as mental …
Oregon DOC Liable for Attacks by Parolees by The Oregon Court of Appeals upheld a trial court judgment against the Department of Corrections (DOC), concluding that violent crimes committed by a parolee were a reasonably foreseeable consequence of inadequate parole supervision. In 1984, Cal Brown was convicted of assaulting an …
Article • February 15, 2000 • from PLN February, 2000
Filed under: News, News in Brief
News in Brief by Brazil: More than 40 prisoners escaped from a jail in Sao Paulo on August 15, 1999 after twenty men overpowered, beat and tied up the guards and unlocked the cell doors. A shoot-out with police left one of the jailhouse liberators dead. CA: A July 10, …
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