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Article • July 15, 1999 • from PLN July, 1999
No Suspicion Required for California Parolee Searches by The California supreme court held that no suspicion of any wrongdoing is required for the warrantless searches of the homes and property where California parolees reside. Rudolfo Reyes was a California parolee. As a condition of his parole Reyes had signed a …
Qualified Immunity in Transsexual Treatment Case by In the December, 1998, issue of PLN we reported Farmer v. Hawk, 991 F. Supp. 19 (D DC 1998). Dee Farmer, a federal pre operational male to female transsexual, challenged the Bureau of Prisons (BOP) policy of not providing adequate treatment to transsexual …
$130,000 in Damages and Fees Awarded in New York Retaliation Suit by In the October, 1996, issue of PLN we reported Alnutt v. Cleary, 913 F. Supp. 160 (WD MY 1996). The case involves New York state prisoner Jeffrey Alnutt who filed suit in 1990 after various guards at the …
Edwards No Bar to Seg Suit by Afederal district court In Michigan held that a retaliatory infraction lawsuit could be pursued via 42 U.S.C. § 1983 even though the disciplinary bearing result bad not been invalidated. The court also held that the plaintiff's claim that a guard had threatened to …
New York Work Release Suit Dismissed by In the February, 1997, issue of PLN we reported Roucchio v. Coughlin, 923 F. Supp. 360 (ED NY 1996), which held that New York prisoners may have a due process liberty interest in work release status. In this ruling, the same court held …
Article • July 15, 1999 • from PLN July, 1999
Filed under: Visiting
Washington EFV Cut-Off Date Questioned by Afederal district court in Washington held that a prisoner had been wrongly prevented from applying to the state's Extended Family Visiting (EFV) program. The court also held that prison rules restricting EFV participation to prisoners married before their incarceration did not violate the ex …
Article • July 15, 1999 • from PLN July, 1999
Strip Mining Human Rights in Virginia's Supermax Dungeons by Dan Pens Red Onion State Prison stands out like a hideous scar among southwest Virginia's otherwise beautiful, rolling and wooded hills. Viewed from the air it looks like a mountain whose crown was hacked off and leveled flat. I remember looking …
VitaPro President Arrested by In the latest development in the on-going VitaPro scandal involving the Texas Dept. of Criminal Justice, Yank Barry was arrested Feb. 11, 1999. Barry, president of Montreal-based VitaPro Foods Inc., was indicted in January 1998 with former state prison chief James A. "Andy" Collins [ PLN …
Private Prison Guard Is State Actor for § 1983 Purposes by Private Prison Guard is State Actor for § 1983 Purposes Afederal district court in New Mexico held that a guard employed by Corrections Corporation of America was a "state actor" acting under "color of state law" when he allegedly …
Article • July 15, 1999 • from PLN July, 1999
Withholding Dental Care Violates Eighth Amendment by Ronald Young ANew York federal district court held that failure to treat a prisoner's abscessed wisdom tooth was a sufficiently serious medical condition to sustain an Eighth Amendment claim. The court also held that material issues of fact as to whether the prison's …
Article • July 15, 1999 • from PLN July, 1999
Liberty Interest in Parole-Required Custody Classification by Liberty Interest In Parole-Required Custody Classification A federal district court in Massachusetts held that depriving a prisoner of eligibility for minimum security classification, when it's a necessary prerequisite for parole consideration, violated the prisoner's equal protection right to be treated as other prisoners …
No Interlocutory Appeal on Supervisory Liability When Guard Stabs Prisoner by The court of appeals for the Fifth circuit held that it lacked jurisdiction to hear a warden's interlocutory appeal disputing material facts in the case. The court also held that letters from a prisoner alerting supervisory prison officials to …
Article • July 15, 1999 • from PLN July, 1999
Kansas Good Time Forfeiture Violates Ex Post Facto by The Kansas court of appeals held that the retrospective application of a new prison rule governing the forfeiture of good time credits violated the Ex Post Facto Clause when the rule took effect after the prisoner's crime was committed and it …
Denial of HIV Medication Subjects Medical Contractor to Liability by Afederal district court in Maine held that a former pretrial detainee had stated a claim when a jail's medical contractor denied him his HIV medication for three days. David McNally was arrested and booked into the Cumberland County jail in …
Article • July 15, 1999 • from PLN July, 1999
Filed under: Sentencing, Habeas Corpus
BOP Erred in Running State Sentence Consecutive to Federal Sentence by Afederal district court in Oregon granted a federal prisoner's petition for habeas corpus, ordering his immediate release from confinement. The court held that the federal Bureau of Prisons (BOP) improperly treated the prisoner's concurrent California state sentence as consecutive …
Infraction Inadmissable at Criminal Trial by The court of appeals for the Seventh circuit held that a district court erred when it admitted testimony on the outcome of a prison disciplinary hearing in a criminal trial on the same charges. Anthony Thomas was convicted in federal court of mailing death …
Article • July 15, 1999 • from PLN July, 1999
Arizona Prisoners Can Pay Filing Fee in Installments by An Arizona appellate court held that a lower court had erred in ruling incarcerated felons were required to prepay, in its entirety, all filing fees when filing civil actions. Jose Inzunza-Ortega attempted to file a civil suit in Maricopa county (Phoenix) …
Article • July 15, 1999 • from PLN July, 1999
Exhaustion Required by A federal district court in New York held that a New York state prisoner was required to exhaust the prison grievance system before filing suit. The court held that exhaustion under 42 U.S.C. § 1997e(a) is required even if the grievance process is futile. The case involved …
PLRA Doesn't Affect Court Contempt Powers by A federal district court in New Jersey held that 18 U.S.C. § 3626, which allows for the immediate termination of prison and jail consent decrees, does not affect the contempt powers of courts. The underlying case involves a motion by jail detainee plaintiffs …
Illinois Exhaustion Described by A federal district court in Illinois held that a prisoner had fully exhausted all available administrative remedies under 42 U.S.C. § 1997e when he submitted a grievance through all levels of the Illinois Department of Corrections. Brian Jones filed suit claiming a prison guard beat him …
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