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Article • July 15, 2000 • from PLN July, 2000
Filed under: News, News in Brief
News in Brief by CO: On April 26, 2000, Bobby Fowler, 24, a captain at the Kit Carson Correctional Center in Burlington, was arrested and charged with felony criminal mischief for punching walls and knocking over a metal detector at the prison. The prison, operated by for profit Corrections Corporation …
Marriott Cancels Prison Protest Concert by Sodexho-Marriot is a huge transnational corporation mainly consisting of hotel and food service operations. Marriott Dining Services, a subsidiary of Sodhexo- Marriott, operates the American University Tavern on the Washington D.C. campus of AU. On February 15, 2000, a hip-hop concert was booked at …
$47,500 Settlement in Pennsylvania Restraint Suit by In May, 1999, the Northampton County Prison (NCP) paid Maria Merced $47,500 to settle a "hogtying" lawsuit she had filed. In August, 1996, while awaiting trial in the NCP, Merced argued with a guard and eventually spat on him. A number of guards …
$100,000 Awarded Under ICCPR in GA Jail Suit by On February 24, 2000, a federal jury In Augusta, Georgia awarded 1100,000 in damages to a Danish citizen who was denied medical care and phone calls to his family in Denmark while he was awaiting trial in the Lincoln county jail …
Article • July 15, 2000 • from PLN July, 2000
The Politics of Heroin: CIA Complicity in the Global Drug Trade by Rick Card By Alfred W. McCoy Lawrence Hill Books, 1991 Review by Rick D. Card Imagine America, the great crusader against illicit drugs, a nation willing to sacrifice hundreds of thousands of its citizens in the name of …
Article • July 15, 2000 • from PLN July, 2000
Staff Representative in Medication Hearing Must Have Medical Knowledge by The court of appeals for the Fourth circuit held that federal prison officials can forcibly give a federal pretrial detainee psychotropic drugs without a court hearing. But, if the prisoner has a prison staff member acting as his representative at …
Article • July 15, 2000 • from PLN July, 2000
Brown Ad-Seg Due Process Claim Remanded for Hearing by Ronald Young Brown Ad-Seg Due Process Claim Remanded For Hearing By Ronald Young The Court of Appeals for the District of Columbia circuit held that a prisoner who received ten months of administrative segregation during a housing reassignment hearing did not …
Administrative Exhaustion not Jurisdictional Satisfied by Letters to Defendants by The court of appeals for the Sixth circuit reiterated that the Prison Litigation Reform Act (PLRA) requires administrative exhaustion in all cases, even where prisoners seek money damages not available via prison grievance systems. The court also held that the …
Texas Supreme Court Invalidates TDCJ-ID VitaPro Contract by The Texas Supreme Court reversed a lower appellate court's decision and held that the trial court had ruled correctly when it invalidated TDCJ-ID's contract with VitaPro Foods, Inc. of Montreal, Canada, for a soy-based meat substitute. The product was unpopular among prisoners …
Sixth Circuit Orders Retrial of Retaliation Suit by by Matthew T. Clarke The Sixth Circuit court of appeals has ordered the retrial of a lawsuit by the surviving mother of a deceased ex-prisoner against a guard who allegedly retaliated against her son because the mother requested the guard's name and …
Showing Of Malice Under Eighth Amendment Excessive Force Test Not Required For Sexual Assault Claim by Ronald Young By Ronald Young The court of appeals for the Tenth Circuit held that it was plain error to instruct a jury that, to find a prison guard liable on excessive force claim …
Liberty Interest In New York Work Release by Ronald Young By Ronald Young The court of appeals for the Second circuit held that a prisoner has a protected liberty interest in her continued participation in a work release program, and entitled to a hearing which states the reason for her …
Article • July 15, 2000 • from PLN July, 2000
No Pretrial Appeals of Motions to Dismiss by The Eighth circuit court of appeals held that it had no jurisdiction to hear interlocutory appeals on issues other than qualified immunity. The court also held it will review FRCP 60(b) motions for abuses of discretion. Emmit Broadway was a pretrial detainee …
Article • July 15, 2000 • from PLN July, 2000
Individual Analysis Required for Diabetic Class Action Damage Award by Ronald Young By Ronald Young The court of appeals for the Third circuit held that the lower court erred in holding that all members of the plaintiff class past, present, and future of insulin-dependent diabetic prisoners alleged violation of their …
Article • July 15, 2000 • from PLN July, 2000
$97,500 Awarded in NY Prison Work Accident by On July 19, 1999, a Binghamton county court in New York awarded $97,500 in damages to Fred Thomas for an eye injury he suffered. while imprisoned in a New York state prison in 1993. Thomas, then a 33-year-old prisoner at the Elmira …
Article • July 15, 2000 • from PLN July, 2000
Field 'Sleep Out' Without Adequate Toilet Facilities States An Eighth Amendment Violation by Ronald Young By Ronald Young The court of appeals for the Fifth circuit held that, for qualified immunity purposes, a prisoner who was forced to spend the night outdoors in a work field without adequate bathroom facilities …
Arizona Jury Acquits CCA Escapees by Two Alaska state prisoners on trial for a 1996 escape from a private prison were acquitted by an Arizona jury. The prosecution was undoubtedly stunned by the verdict in what was considered to be an open and shut case. However, the prosecutor in the …
Article • July 15, 2000 • from PLN July, 2000
Iowa Supreme Court Holds Liberty Interest in Good Time Law by The Iowa supreme court held that Iowa prisoners have a due process liberty interest in their good time credits, but do not have a private cause of action under Iowa tort law for their negligent loss. Federal courts previously …
Slave Labor O.K. FLSA Does Not Apply to Detainees by by Matthew T. Clarke The Third Circuit court of appeals has held that detainees who won their appeals, but the state appealed further, are still "duly convicted" detainees for purposes of the Thirteenth Amendment's prohibition on slavery, even if the …
Article • July 15, 2000 • from PLN July, 2000
Mailbox Rule Applies to Section 2254/2255 Motions by The Tenth Circuit Court of Appeals held that a prisoner's pleadings were filed at the time he mailed them, even though he used the prison's regular mail system instead of its legal mail system. While incarcerated at the Federal Correctional Institution in …
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