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Article • September 15, 1999 • from PLN September, 1999
DC Circuit Lifts Injunction on BOP Porn Ban by In the March 1997 issue of PLN we reported that Congress passed the "Ensign Amendment," prohibiting the use of Bureau of Prisons (BOP) funds to distribute sexually explicit material to prisoners. The BOP adopted regulations defining the terms of the ban …
Article • September 15, 1999 • from PLN September, 1999
Tobacco Smoke Exposure Requires Trial by A federal district court in New York held that a prisoner's exposure to environmental tobacco smoke (ETS) may present a sufficient risk to his future health to implicate Eighth Amendment concerns, and factual disputes regarding the risk precludes summary judgment. The court further recognized …
Article • September 15, 1999 • from PLN September, 1999
Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively by Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively The court of appeals for the Third circuit held that 28 U.S.C. § 1915(g) does not allow courts to revoke the In Forma Pauperis status of litigants …
Article • September 15, 1999 • from PLN September, 1999
Filed under: PLRA, Filing Fees (PLRA)
De Novo Review for § 1915A Dismissals by The court of appeals for the Fifth circuit held that dismissals by district courts under 28 U.S.C. § 1915A should be reviewed de novo on appeal. Section 1915A requires district courts to screen prisoner lawsuits and dismiss those which are frivolous, malicious …
Article • September 15, 1999 • from PLN September, 1999
Three Strikes Upheld by Ninth Circuit by The court of appeals for the Ninth circuit upheld the constitutionality of 28 U.S.C. § 1915(g). Section 1915(g) generally denies in forma pauperis status to prisoner litigants that have had more than three lawsuits dismissed as frivolous, malicious or for failing to state …
Article • September 15, 1999 • from PLN September, 1999
Administrative Exhaustion Required in all Cases by A federal district court in New York held that a prisoner claiming guards beat him was required to exhaust his administrative remedies pursuant to 42 U.S.C. § 1997e. This case is especially useful because it summarizes all the conflicting rulings on this issue. …
Article • September 15, 1999 • from PLN September, 1999
State Court Dismissals Don't Count as Strikes by A federal district court in the District of Columbia held that the dismissal of frivolous suits in state courts do not count as "strikes" under 28 U.S.C. § 1915(g). Section 1915(g) prohibits in forma pauperis status for prisoner litigants that have had …
Article • September 15, 1999 • from PLN September, 1999
Automatic Stay Provision Unconstitutional by A federal district court in New Mexico held that 18 U.S.C. § 3626(e), a PLRA provision that automatically stays prospective relief 30 days after a party files a motion for immediate termination of such relief, violates the separation of powers doctrine. The case involves a …
Article • September 15, 1999 • from PLN September, 1999
Total Administrative Exhaustion Not Required by A federal district court in Michigan held that 42 U.S.C. § 1997e(a) does not require administrative exhaustion of all claims raised in a complaint. Instead, a court can dismiss the unexhausted claims without prejudice rather than dismiss the entire complaint. The court held that …
Article • September 15, 1999 • from PLN September, 1999
No Exhaustion Required in Wisconsin When Only Money Damages Are Sought by A federal district court in Wisconsin held that Wisconsin prisoners filing suit and seeking only money damages, are not required to exhaust their administrative remedies under 42 U.S.C. § 1997e(a) because the Wisconsin prison grievance system does not …
Article • September 15, 1999 • from PLN September, 1999
Filed under: News, News in Brief
News in Brief by AZ: On January 30, 1999, prisoners Jeffrey Camper and John Lofton escaped from the state prison in Douglas by cutting through two perimeter fences with wirecutters from the prison's yard. Both men were serving life sentences for murder. They were recaptured five hours later by police …
Article • September 15, 1999 • from PLN September, 1999
From the Editor by Dan Pens Greetings and welcome to another issue of PLN. Labor Day is upon us a holiday that used to commemorate workers' struggle. But what does it mean now? Summer's last hurrah? One final barbecue or hiking trip and back home just in time for the …
Brief • September 8, 1999
Ryan v. Lehmann, WA, Judgment, Gender Discrimination, 1999 lR1~~~O~~[Q) 1 2 SEP ., oJ OFFICE OF THE ATTORNEY GENERAL LABOR &PERSONNEL DIVISION 4 "99 SEP -3 AlO:26 8 1999 BETI Y ; :'.oJ ('j!,. -.' ~ 'BY h' lO 0_. • _ . : J,..". _ OEPl'T~: 5 IN THE …
Publication • August 30, 1999
New York State Police, Trooper Christian McCarthy Notice of Suspension, 1999 ~,5,.~-.- l ' :t I(\ ' NEW YORK STATE POLICE STATE CAMPUS A LBANY, NY 12226-000 1 -....l'>.'cl1.s1.o~ J AMES W . McMAHON SLIPERINTENOE.NT August 30, 1999 Trooper Christian McCarthy New York State Police Troop "K" Poughkeepsie, New York …
Brief • August 26, 1999
Dahl v. Conlosh, CA, Transcript Cross Examination Joe Callanan, 1999 J CENTRAL DISTRICT OF CALIFORNIA ] HONO.RABLI~ ALICEjyjAJ.ZIE E.. S'rO,]:LER ( lJlJDGE PRESIDING 6 ~TAJ:-'lgS CHRT SJ:OPHE.'R DAHl" 7 Plaintiff I SA (:V 91-475(A)--AHS Vi:>. 1.0 ) ) .! ..;.i CROSS-EXAMINATION OF: WITNESS JOE CALLANAN 17 Tllursday, Augu~t: 26, 1999 …
Brief • August 26, 1999
Dahl v. Conlosh, CA, Joe Callahan Deposition, Police Excessive Force, 1999
Article • August 15, 1999 • from PLN August, 1999
Heck Doesn't Apply After Release from Prison by A federal district court in Louisiana held that prisoners released from prison need not have a court ruling in their favor before challenging prison disciplinary hearings via 42 U. S. C. § 1983. Jimmy White, a Louisiana state prisoner, was infracted for …
Article • August 15, 1999 • from PLN August, 1999
Contaminated Water Claim Not Barred by PLRA Physical Injury Rule by The court of appeals for the Seventh circuit held that a prisoner's lawsuit over a prison's lead contaminated water was wrongfully dismissed under the Prison Litigation Reform Act's (PLRA) physical injury requirement. Floyd Robinson, an Illinois state prisoner, filed …
Article • August 15, 1999 • from PLN August, 1999
No Administrative Exhaustion Requirement for Ex-Prisoners by The court of appeals for the Second circuit held that former prisoners who sue over prison or jail conditions of confinement are not required to exhaust their administrative remedies before filing suit in federal court. James Greig, a New York state parolee, filed …
Article • August 15, 1999 • from PLN August, 1999
PLRA Doesn't Require Notice of Claim for Exhaustion by Afederal district court in Wisconsin held that 42 U. S.C. 1997e(a) of the Prison Litigation Reform Act (PLRA) does not require prisoners to file a notice of claim with the state attorney general's office in order to exhaust their administrative remedies. …
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