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Article • November 15, 1999 • from PLN November, 1999
Filed under: Excessive Force, Shootings
California Changes Shooting Policy by Willie Wisely by W. Wisely In the past ten years, California prison guards have shot and killed 39 prisoners, wounding over 200, with high powered rifles. Nearly all of the shootings involved attempts to break up unarmed fist fights--- a practice unique among all other …
Suicides at Connecticut Prison Raise Concerns about Mental Health Care by Suicides at Connecticut Prison Raise Concerns About Mental Health Care In unrelated incidents, two women prisoners at the York Corr. Institution in East Lyme, Connecticut committed suicide within a ten-day period in March, 1999. Linda Hogan was found hanging …
Article • November 15, 1999 • from PLN November, 1999
California Governor Vetoes Parole Reform Bill by California Governor Gray Davis vetoed a bill that would have diverted "low-risk" parole violators into community-based programs rather than send them back through a "revolving door" to an already overcrowded state prison system. Some critics call the veto quid pro quo for the …
Article • November 15, 1999 • from PLN November, 1999
California Illegally Dumps Parole Records by Willie Wisely by W. Wisely California Department of Corrections prisoncrats were caught illegally dumping confidential documents about parolees in a dumpster near the new Metreon entertainment center in San Francisco, according to Michael Taylor's June 19, 1999 article in the San Francisco Chronicle. Some …
Prisoner Strip Search Warrants Fourth Amendment Analysis by Ronald Young The court of appeals for the Fifth circuit held that a prisoner's Fourth Amendment claim alleging unreasonable multiple strip searches performed on him by a female guard were not frivolous, as would warrant dismissal under the PLRA. The court also …
Amended Complaint Filed Outside Limitations Period Relates Back by A federal district court in Michigan held that an amended complaint using proper names for "John Doe" defendants, filed outside the statute of limitations was not untimely because the claims related back to the original complaint. The court also held that …
Article • November 15, 1999 • from PLN November, 1999
Filed under: Organizing, Hunger Strikes
California Visits Reinstated after Food Boycott (Letter) by D.R. D.R., Vacaville, CA. On December 17, 1998, an attempted homicide occurred in building 7 of Facility II of the Solano State Prison in Vacaville, California. The incident involved two white prisoners who were celled together. All white prisoners were immediately placed …
A Guide to the Prison Litigation Reform Act, by John Boston (Review) by Paul Wright Review by Paul Wright The passage of the Prison Litigation Reform Act (PLRA) in 1996 has significantly changed many aspects of prison and jail litigation. The PLRA makes it increasingly difficult for prisoner plaintiffs to …
Heck Not Applicable to Ad Seg; Only "Available" Exhaustion Required by Heck Not Applicable to Ad Seg; Only "Available" Exhaustion Required A federal district court in California held that the principles of Heck v. Humphrey, 512 U.S. 477 (1994), do not apply to claims that do not involve deprivation of …
$100,000 Settlement in South Carolina Jail Death by On May 12, 1999, Spartanburg county in South Carolina announced it would pay $100,000 to settle a wrongful death suit filed by the estate of a prisoner. On June 7, 1998, John Pruitt, a detainee in the Spartanburg county jail, collapsed and …
Retaliatory Acts Need Not "Shock the Conscience" to be Actionable by by Matthew T. Clarke The Sixth Circuit court of appeals, sitting en banc, has held that prisoners who claim retaliation for constitutionally protected activities are no longer required to prove the retaliatory acts "shock the conscience." Instead, they must …
Article • November 15, 1999 • from PLN November, 1999
$7,000 Award to Prisoner Shoved by Guard while Praying by $7,000 Award to Prisoner Shoved by Guard While Praying A federal district court in New York has awarded $7,000 in damages to a muslim prisoner who, while he was praying, was shoved from behind by a guard. Generoso Arroyo Lopez, …
CCPOA Pimping in the California State Assembly by Dan Pens A self-proclaimed "whore" for the California Correctional Peace Officers Association (CCPOA) in July 1999 helped kill Attorney General Bill Lockyer's proposed legislation for forming a state-level prosecutorial unit to investigate alleged crimes by state prison guards. As it stands now, …
Article • November 15, 1999 • from PLN November, 1999
No Privacy Rights for Sex Offender Registrants by The Third Circuit ruled that sex offenders required to register under "Megan's Law" have no protected right to privacy that would render unconstitutional the public dissemination of such information. This is not the first time the 3rd Circuit has upheld Megan's Law. …
Article • November 15, 1999 • from PLN November, 1999
Probable Cause Hearing Delay Actionable by Ronald Young The court of appeals for the Seventh circuit held that the fact issue as to whether an arrestee's detention without a probable cause hearing resulted from the sheriff's deliberate decision not to monitor detainees brought to jail by outside agencies precluded summary …
Article • November 15, 1999 • from PLN November, 1999
Ex-Welfare Workers in Georgia Replaced with Prison Slaves by To save money, a South Georgia recycling plant fired 50 trash sorters, including 35 who had taken jobs to get off welfare, and replaced them with prison slave labor. The former welfare clients had been earning $5.20/ hour before they were …
Article • November 15, 1999 • from PLN November, 1999
California Prison Legal Fund Broke by Willie Wisely by W. Wisely The California Department of Corrections' $15.5 million legal settlement fund went broke in late March, 1999, three months before the end of the fiscal year, according to an article by Pam Podger in the May 27, 1999, edition of …
Nevada Guards Party with Inmate Welfare Fund by The Nevada state legislature made a bold move to "end inmate welfare as we know it" when it passed a bill (AB289) in 1999 stating that revenue from state prisons' Inmate Welfare Fund (IWF) can be used for employee perks. But the …
Article • November 15, 1999 • from PLN November, 1999
Prison Realty Stock Plummets; Shareholders File Suit by Last May the price of shares in Prison Realty Trust Inc., the parent company of Corrections Corporation of America, fell almost 35% within a week after Prison Realty announced it would pay increased costs for building and marketing private prisons. Several investment …
Corcoran Bad Apple Rehired by Willie Wisely by W. Wisely Bruce Farris, the former Corcoran State Prison associate warden fired for allowing guards to beat, kick, and stomp 36 black prisoners, was reinstated April 6, 1999, in a rare Personnel Board reversal of an earlier administrative judge's decision. Farris was …
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