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Article • August 15, 1999 • from PLN August, 1999
Washington Legislature Amends 35% Law, Again by Paul Wright RCW 72.09:480 was enacted in 1995 as part of House Bill (FIB) 2410, a massive prisoner bashing bill that unanimously passed the legislature that year. RCW 72.09.480 was slipped into HB 2010 with no public hearings, debate or notice. The law …
Article • August 15, 1999 • from PLN August, 1999
Washington DOC Illegally Penalizes Indigents by On December 24, 1998, Thurston county superior court judge Daniel Bershauer held that Washington prison officials had unlawfully converted an indigent prisoner's funds. Roger Smith, a prisoner at the Airway Heights Correctional Center (AHCC), was indigent when he was sent $10. AHCC officials then …
Article • August 15, 1999 • from PLN August, 1999
Filed under: Telephones, Telephone Rates
Class Action Suits Challenge Rip-Off Prison and Jail Phone Rates by Suit Filed in Illinois On May 5, 1999, a class action suit was filed by Illinois consumers who receive collect calls from Illinois state and county jail prisoners alleging that they are forced to pay exorbitant phone rates as …
Article • August 15, 1999 • from PLN August, 1999
Filed under: Telephones, Telephone Rates
FCC Requires Rate Disclosure for Prison Phones by The Federal Communications Commission, (FCC) has issued regulations mandating the disclosure rates consumers will actually pay for phone calls received from prisoners. Effective October 1, 1999, 47 C.F.R. § 67.710 "Operator Services for Prison Inmate Phones", states in its entirety: "(a) Each …
Article • August 15, 1999 • from PLN August, 1999
Filed under: Telephones, Telephone Rates
Kentucky Utilities Commission Reduces Prison and Jail Phone Rates by On January 10, 1999, the Kentucky Public Service Commission (PSC) issued an order, requiring: prison and Jail phone service providers to reduce the rates they charge for prison and Jail collect calls to the tariff charged for non prison and …
Private Prison Operators Enter Medical Care Market by Alex Friedmann As criminals receive longer sentences and serve a greater portion of them under threestrikes, truth-in-sentencing and mandatory minimum laws, the number of elderly prisoners with health problems has increased accordingly. Some consider this trend to be the result of a …
Warden Used "Force" in Sexual Assault by Warden Used "Force" in Sexual Assault Walter Lucas was Acting Warden of the River County Jail in River City, Mississippi, when he asked a male prisoner to act as lookout so that he could take care of some "business" with a female prisoner …
Article • August 15, 1999 • from PLN August, 1999
Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure by The court of appeals for the Third Circuit held that a prisoner does not have a cause of action, under 42 U. S. C. section 1983, for damages for emotional distress caused by exposure to asbestos, without proof of physical injury. …
Article • August 15, 1999 • from PLN August, 1999
Jury Awards Beaten Texas Prisoner $250,000 by On December 15 1998, a federal jury in San Antonio, Texas, awarded Texas state prisoner Robert Sikes $250,000 in damages for a beating administered by prison guards. In 1995 Sikes was imprisoned in a Karnes county state prison. During a dispute with a …
Article • August 15, 1999 • from PLN August, 1999
BOP Erred in Denying Early Release Eligibility by Afederal disctrict court in Oregon granted habeas corpus relief to two federal prisoners who challenged the Bureau of Prisons' (BOP) denial of early release eligibility. In 1994 Congress enacted the Violent Crime Control and Law Enforcement Act which amended 18 U. S. …
Article • August 15, 1999 • from PLN August, 1999
Tarrant County Jail's Christian Education Unit May Violate Texas and Federal Establishment Clauses by In a detailed and well-reasoned opinion, a Texas state appellate court held that the establishment of a Christian Education Unit (CEU) in a county jail may violate the Establishment Clauses in the Texas and federal constitutions. …
Article • August 15, 1999 • from PLN August, 1999
Motive Question Precludes Summary Judgment in Medical Suit by The U. S. court of appeals for the Eighth Circuit held that the existence of a factual dispute as to whether jail guards and medical staff intended to punish a detainee for requesting medical treatment, precluded summary judgment. While Ronald Davis …
Article • August 15, 1999 • from PLN August, 1999
Iowa Ban on Tapes with Parental Warning Upheld by Paul Wright By Paul Wight The court of appeals for the Eighth circuit held that an Iowa prison's ban on cassette tapes with parental advisory notices due to "explicit lyrics" was permissible. Michael Herlein, a former Iowa state prisoner, filed suit …
AA Probation Requirement Continues to Violate Establishment Clause by In a long running case, the court of appeals for the Second circuit held that requiring an atheist to attend Alcoholics Anonymous (AA) meetings as a probation condition, violates the establishment clause of the First amendment to the U.S. constitution. Robert …
Article • August 15, 1999 • from PLN August, 1999
California Guard Union Doles Out Millions to Politicians by The California Correctional Peace Officers Association (CCPOA) is the union which represents California's 28,000 prison guards. The union is also one of the most powerful political players in state politics. The union supports mandatory sentencing, including "three strikes" laws; increased prison …
Article • August 15, 1999 • from PLN August, 1999
Pro Se IFP Litigant Entitled to Amend Suit in Second Circuit by The court of appeals for the Second circuit held that district courts must grant leave to indigent pro se litigants to amend their complaints before the suit is dismissed. The suit in this case was filed by a …
Article • August 15, 1999 • from PLN August, 1999
Costs Imposed Regardless of Ability to Pay by The court of appeals for the Sixth circuit held that the Prison Litigation Reform Act (PLRA) allows courts to impose costs on losing prisoner litigants regardless of their ability to pay. The court held that the PLRA overruled prior circuit precedent to …
Article • August 15, 1999 • from PLN August, 1999
PLRA Consent Decree Termination Provision Upheld by 2nd and 3rd Circuits by The courts of appeal for the Second and Third circuits have upheld the consent decree termination provisions of the Prison Litigation Reform Act (PLRA) against a wide array of constitutional challenges. In the July, 1998, issue of PLN …
PLRA Attorney Fee Cap Applies in $65,000 Beating Case by Afederal district court in Texas has ruled that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, applies to work performed by attorneys appointed after the enactment of the PLRA to represent pro se …
Article • August 15, 1999 • from PLN August, 1999
Filed under: News, News in Brief
News in Brief by Bolivia: On April 27, 1999, more than 1,500 prisoners in seven prisons went on hunger-strike to protest overcrowding, delays in case processing and the denial of good time credits. At least five prisoners sewed their lips shut, 19 tied themselves to prison bars in a mock …
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