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Article • December 15, 1999 • from PLN December, 1999
From the Editor by Paul Wright by Paul Wright The August issue of PLN had the last column Laura Whitehorn wrote for us before getting out of prison on August 5, 1999. Laura believed it was important that her column be written by current prisoners, as opposed to a former …
Brief • December 9, 1999
Blackburn v. Moss, WA, Settlement and Release Agreement, Disability Access, 1999 IEPT OF GENERAL ADMINISTRATION EE BART T BLACKBURN DOC #961795 ) DAY INVOICE YR NUHBER 2 08 99 DOL-9/15/98 31050592 150-0 REfERENCE 275542C AMOUNT INVOICE DISCOUNT 06C2019 01 () D 1'\ NET DUE 2 500.00 e 2 500.00 3E …
Brief • December 2, 1999
Filed under: Civil Commitment
Turay v. Seling, WA, Stipulations, Civil Commitment, 1999 Turay v. Seling ™ H • • • • HH • • • • PC-WA-004-003 Honorable William L. Dwyer 1 2 ENTERED 3 4 °tC 1 1999 J K 5 WASHINGTON DEPUTY 6 7 8 UNITED STATES DISTRICT COURT FOR THE WESTERN …
Brief • November 28, 1999
Hardt v. WA DOC, WA, Complaint, Miscalculation of Earned Time, 1999 STANUAlUJ TUKT LLA.lNll'UW"~ Pursuant to RCW 4.91, tlIiS AUtin is provided Cor your conveni~ce whc:n filing a tort claim against the Slate of Washington. If filing a claim involving an accident with a vehicle operated by a state employee. …
Brief • November 17, 1999
Taylor v. District of Columbia, DC, Release, Vehicle Collision, 1999 ...• RELEASE KNOW ALL MEN BY THESE PRESENTS, That I, Sharell Taylor, residing at 8205 Consett,Court, Severn, Maryland, with Social Security Number for consideration ofthe sum of Seven Thousand and No DaHars ($7,000), lawful money of the United States, the …
PLRA Attorney Fee Cap Not Retroactive in Attorney Client Case by A federal district court in Colorado has held that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d) does not apply to attorney fees accrued prior to the enactment of the PLRA, but …
Sheriff Liable for Inadequate Staffing and Refusing Medical Treatment to Assaulted Prisoner by The Tenth Circuit court of appeals held that a sheriff may be liable for insufficient jail staffing and refusing medical treatment to a prisoner who was beaten by other prisoners. Genaro Lopez was a prisoner in the …
Article • November 15, 1999 • from PLN November, 1999
Second Circuit Discusses Heck and Edwards by No Bar to Prisoners Challenging Condition, not Duration, of Disciplinary Confinement The Second Circuit court of appeals has held that prisoners who have no recourse under the federal habeas corpus statute may file a federal civil rights suit challenging their conditions of confinement …
Article • November 15, 1999 • from PLN November, 1999
Evidentiary Hearing Allowed in PLRA Consent Decree Terminations by The court of appeals for the Fourth circuit reaffirmed that the Prison Litigation Reform Act's (PLRA) consent decree termination provisions are constitutional and also held that the PLRA provides no avenue for district courts to make after the fact findings to …
West Virginia Supreme Court Upholds Computer Ban by In the February, 1998, issue of PLN we reported that the West Virginia Department of Corrections (DOC) had prohibited its prisoners from having personal computers in their cells. In the previous decade West Virginia, New Jersey, Wyoming, Alaska and a prison in …
Washington Felony Infraction Law Struck Down by A Washington state appeals court held that a state law allowing the felony prosecution of prisoners who are infracted in prison after having lost all good time credits violates the state constitution. The court also suggested that all Washington DOC infractions issued after …
Article • November 15, 1999 • from PLN November, 1999
Request for Telephonic Appearance Must Be Considered by The Idaho Court of Appeals held that a prisoner's due process rights were violated when a magistrate failed to consider his request to appear telephonically in a child support action. In April, 1997, the Idaho Bureau of Child Support (Bureau) brought an …
BOP Violates Due Process in Ad-Seg, Transfer and Mail Suit by A federal district court in Illinois held that the Bureau of Prisons (BOP) violated a prisoner's right to due process when it placed him in administrative segregation (ad seg), transferred him to a different prison and denied him the …
Trial Required in Jail Attack by A federal district court in New York held that a trial was required to resolve disputed issues of material fact where a jail guard was accused of assaulting a detainee. The court also held that the county could not be held liable for a …
Article • November 15, 1999 • from PLN November, 1999
Race Discrimination Claim Not Barred by PLRA Physical Injury Rule by A federal district court in Missouri held that the physical injury rule of the Prison Litigation Reform Act (PLRA) applied only to Eighth amendment claims and did not apply to a prisoner's equal protection claim of racial discrimination. The …
PLRA Attorney Fee Provision Not Retroactive in Jail Conditions Suit by The court of appeals for the DC Circuit held that the Prison Litigation Reform Act (PRLA) provision, which caps attorney fee awards, applies to work performed after the act's effective date (April 26, 1996), even when the suit was …
Article • November 15, 1999 • from PLN November, 1999
The Cultural Commodification of Prisons by Paul Wright Pop culture is about acculturation more than it is about culture. It is about defining the norms and parameters of society. Over one hundred years ago Karl Marx wrote about capitalism's ability to turn everything into a commodity. Commodities are items, whether …
New Jersey Guard Wins $3.75 Million Harassment Suit by On May 27, 1999, a Burlington county jury in New Jersey ruled in favor of prison guard Robert Lockley Jr. and awarded him $3.75 million in damages. Lockley, 39, a guard at the Mid State Correctional Facility in Ft. Dix, New …
Article • November 15, 1999 • from PLN November, 1999
New York City Arrestee Awarded $5.02 Million in Strip Search by On May 6, 1999, a federal jury in Manhattan awarded $19,600 in compensatory damages and $5 million in punitive damages to an arrestee who was strip searched in a New York City jail. In 1997 Debra Ciraolo, 43, an …
PLN Sues Washington DOC over Censorship of Nazi Guard Exposé by PLN Sues Washington DOC over Censorship of Nazi Guard Exposé On August 27, 1999, Prison Legal News filed suit in federal court in Spokane, Washington, seeking a court injunction to ensure the delivery of the May, 1999, issue of …
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