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No Interlocutory Appeal on Supervisory Liability When Guard Stabs Prisoner by The court of appeals for the Fifth circuit held that it lacked jurisdiction to hear a warden's interlocutory appeal disputing material facts in the case. The court also held that letters from a prisoner alerting supervisory prison officials to …
Illinois Exhaustion Described by A federal district court in Illinois held that a prisoner had fully exhausted all available administrative remedies under 42 U.S.C. § 1997e when he submitted a grievance through all levels of the Illinois Department of Corrections. Brian Jones filed suit claiming a prison guard beat him …
Guard Guilty of Penis Stomping by Afederal district court in Buffalo categorically rejected a jail guard's post-trial motions in a criminal proceeding, in which he was found guilty of violating a prisoner's Eighth Amendment rights. John Walsh was a lieutenant at the Orleans County (NY) jail. He weighed 400 pounds …
Article • July 15, 1999 • from PLN July, 1999
Florida Prison Erupts by On March 17, 1998, shortly after Hendry Correctional Institution (HCI) began feeding the prisoners supper, a melee broke out on the yard in front of the chowhall. Within moments, several guards, including the shift supervisor, were lying unconscious in the dirt. The seeds of discord were …
Washington Prisoners Damage Colorado Private Prison by Amajor prisoner uprising rolled through a for-profit prison at Olney Springs, Colorado, for six hours, causing extensive damage. State prison SWAT teams were called in from as far as 200 miles away to regain control of the prison. The incident took place Friday, …
Washington Prisoners Brutalized in Colorado Private Prison by Waldo Waldron-Ramsey [Editor's Note: The corporate media in Colorado and Washington alike reported on the uprising by Washington prisoners at the Olney Springs prison. They uniformly parroted the line by prison officials that the prisoners had revolted because they were unhappy at …
Prison Madness, by Terry Kupers, MD (Book Review) by Dan Pens Jossey-Bass, 1999 Reviewed by Dan Pens Ted Kaczynski is clearly mentally ill. So said six psychiatrists who told the court that the infamous Unabomber is an acutely psychotic paranoid schizophrenic. In addition to being quite mad, Kaczynski possesses a …
Judge Throws Out Corcoran Sanctions by Willie Wisely by W. Wisely As state and federal investigations into brutality, corruption, and cover-ups at California's Corcoran prison expand, as the ink on multi-million dollar settlement checks is barely dried, and as the grass grown over the bodies of young men gunned down …
Juveniles Held Hostage for Profit by CSC in Florida by Alex Friedmann According to a consultant hired by the Florida Department of Juvenile Justice, the Pahokee Youth Development Center (Juvenile prison) operated by the Correctional Services Corporation (CSC) kept ten juvenile detainees beyond their release dates for no other reason …
Fifth Circuit Upholds PLRA Exhaustion Requirement by Ronald Young The court of appeals for the Fifth circuit affirmed a lower court's dismissal of a prisoner's 42 U.S.C.A. § 1983 claims for failure to exhaust administrative remedies prior to filing suit as required by 42 U.S.C. § 1997e. However, the claims …
Article • June 15, 1999 • from PLN June, 1999
Pennsylvania Brutality Suit Settled for $5,000 by In June, 1998, the Lancaster County prison in Lancaster, Pennsylvania, settled a brutality suit with former prisoner Ruben DeJesus by paying him $5,000 in damages and waiving 4,180 in prison rent and $1,128.23 in medical costs. DeJesus filed suit after being beaten by …
Prisoner May Not File Unsigned Complaint for Another Prisoner by The Fifth Circuit court of appeals has held that the a pro se prisoner's civil rights complaint was time barred even though a prisoner assisting the pro se prisoner filed a timely unsigned complaint. Raul Gonzales, a Texas state prisoner, …
Brief • June 15, 1999
Day v. District of Columbia, DC, Complaint, Guard Beating, 1999 \ . SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Civil Division LEONARD DAY DCDC No. 201-154 Maximum Security Facility ~O P.O. Box 52 T;. 'f, ~....#~ • Lorton, VA 22119 "-l: i- ~ ') a~ Cit'J\\.. !tI;::;y,.··~, - Plaintiff. , …
Prisoner Must Show Imminent Danger at Time of IFP Request to Avoid PLRA Three-Strikes Dismissal by The court of appeals for the Fifth Circuit has held that a prisoner who is subject to the three-strikes provision in the Prison Litigation Reform Act (PLRA) must show that he is under imminent …
Jury Awards $2.3 Million for Slain San Quentin Prisoner, State Settles for $2.5 Milliion by Willie Wisely by W. Wisely On Monday, November 30, 1999, a federal jury awarded more than $2.3 million in damages to the family of a prisoner shot to death by a San Quentin guard. The …
Article • May 15, 1999 • from PLN May, 1999
Consenting to Have Magistrate Conduct Trial Not Waiver to Right to Jury Trial by The Fifth Circuit court of appeals held that a pro se prisoner who signed a consent to have a magistrate judge conduct his trial did not knowingly waive his right to a jury trial. Kevin Jennings, …
Grand Jury Reverses Indictment Against Jailers by A Galveston, Texas, grand jury decided to take back an indictment it had issued against four Galveston County sheriff's deputies after three of the four agreed to surrender their peace-officer licenses. The reversal left some law experts scratching their heads. "I've never heard …
Article • May 15, 1999 • from PLN May, 1999
Corcoran Shooting Death Suit Settled for $825,000 by On November 10, 1998, the California Department of Corrections (CDC) settled a lawsuit involving the 1994 shooting death of prisoner Preston Tate for $825,000. Tate, a black gang member, was in the Corcoran prisons Security Housing Unit (SHU) when guards placed him …
PLRA Doesn't Ban Class Actions by A federal district court in Georgia held that the Prison Litigation Reform Act (PLRA) does not ban class action suits by prisoners. In the October, 1998, issue of PLN we reported the Georgia DOC's settlement of a class action suit involving the beating and …
Trouble in Mind: ADX – The Fourth Year by Ray Luc Levasseur for Skip Martin "I will hold the candle, til it burns down my arm, I'll keep taking punches until their will grows tired, I will watch the sundown until my eyes go blind, oh I will make my …
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