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PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive by A federal district court in Illinois held that 42 U.S.C. § 1997e(a), which requires administrative exhaustion before prisoners file suit, and 42 U.S.C. § 1997e(e), which requires physical injury, before prisoners can file suit, do not apply retroactively to suits …
Wisconsin Prisoners Stage Food Protest by On January 18 and 19, 1999, Wisconsin prisoners housed at a private prison in Sayre, Oklahoma, refused to show up at the prison's chow hall for meals. John Wisener, chief of security at the North Fork Correctional Center, said that only 75-80 of the …
Article • July 15, 1999 • from PLN July, 1999
PLRA Physical Injury Requirement Not Retroactive by The Tenth circuit court of appeals held that the Prison Litigation Reform Act's physical injury requirement, codified at 42 U.S.C. § 1997e(e), does not apply retroactively to lawsuits filed before the PLRA's enactment on April 26, 1996. Bobby Craig, a pretrial detainee at …
Guard Guilty of Penis Stomping by Afederal district court in Buffalo categorically rejected a jail guard's post-trial motions in a criminal proceeding, in which he was found guilty of violating a prisoner's Eighth Amendment rights. John Walsh was a lieutenant at the Orleans County (NY) jail. He weighed 400 pounds …
Article • July 15, 1999 • from PLN July, 1999
Florida Prison Erupts by On March 17, 1998, shortly after Hendry Correctional Institution (HCI) began feeding the prisoners supper, a melee broke out on the yard in front of the chowhall. Within moments, several guards, including the shift supervisor, were lying unconscious in the dirt. The seeds of discord were …
Washington Gift Subscription Ban Injunction Affirmed by In the February, 1998, issue of PLN we reported Crofton v. Spalding and Crofton v. Ocanaz. Both were unpublished rulings from the U.S. district court in Spokane, Washington. Two separate judges ruled that a Washington State Penitentiary (WSP) policy requiring that prisoners purchase …
Article • July 15, 1999 • from PLN July, 1999
$660,000 Awarded in Post-Sandin Segregation Suit by On February 26, 1999, a federal jury in Rochester, New York, awarded New York state prisoner David McClary $660,000 in damages after finding he was improperly held in administrative segregation for over four years. In the March, 1999, issue of PLN we reported …
Article • July 15, 1999 • from PLN July, 1999
Filed under: News, News in Brief
News in Brief by AR: Little Rock parole officer William Lambert was arrested March 17, 1999 after police found 10 grams of methamphetarnine in his possession. He was charged with intent to deliver and released on a $52,500 bond. AZ: Robert Wayne Vickers, sentenced to death for killing fellow death …
Article • July 15, 1999 • from PLN July, 1999
Filed under: Editorials, Media, Censorship
From the Editor by Dan Pens Greetings and welcome to another issue of PLN . I'd like to bring to your attention a slight change in PLN 's mailing address. The U.S. Postal Services decided that mail addressed to "private mail boxes" (those handy mail centers that offer friendlier and …
Brief • July 1, 1999
Bigelow v. District of Columbia, DC, Complaint, Prisoner Assault, 1999 . , SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Civil Division VINCENT BIGELOW DCDC No. 259-728 Maximum Facility Lorton, VA 22199 Plaintiff ci;':i)..:Action No. ····.i".f'.. l>o .... v. Calenda.~> . ,) Judge '.p THE DISTRICT OF COLUMBIA A Municipal Corporation …
Brief • July 1, 1999
Filed under: Eighth Amendment
Battle v. District of Columbia, DC, Complaint, Inhumane Conditions, 1999 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KENNISON BATTLE DCDC #228-223 CCAINEOH Correctional Facility 2240 Hubbard Road Youngstown, Ohio 44505 V (303) 746-3777 SHANNON BATTLE DCDC #263-505 l/ CCAINEOH Correctional Facility 2240 Hubbard Road Youngstown, Ohio 44505 (303) …
Brief • June 16, 1999
Filed under: Medical
Bartlett v. State of Washington, WA, Judgment, Substandard Healthcare, 1999 FILED JUN 16 1999 THOMASR SPOKANE C6~NALTYLOU'ST CLERK 2 ... .J 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SPOKANE 5 6 7 VALERIE 1. BARTLETT, 8 9 10 Plaintiff, NO. 97-2-04659-3 …
Article • June 15, 1999 • from PLN June, 1999
Notes from the Unrepenitentiary by Laura Whitehorn By Laura Whitehorn I had thought I'd be gone to a halfway house by now, since I'm only five months from my mandatory release date. But it seems the decision on releasing me has been relegated to "a higher authority." This reminds us, …
Article • June 15, 1999 • from PLN June, 1999
Private Prison Escape Explained by On October 12, 1998, four prisoners escaped from the Corrections Corporation of America (CCA) South Central Correctional Center in Wayne County, Tennessee [See: News In Brief, Feb. '99 PLN ]All of the escapees were eventually captured. On January 15, 1992, CCA warden Kevin Myers appeared …
Article • June 15, 1999 • from PLN June, 1999
Corcoran Prisoner Left Hanging by During a 3 a.m. bed check, a Corcoran (Calif.) State Prison guard spotted a prisoner dangling from a noose in a darkened corner of his ad-seg cell. But rather than pop open the cell door and determine whether he was dead or alive, prison guards …
Article • June 15, 1999 • from PLN June, 1999
Filed under: Civil Procedure, Discovery
Pro Se Tips and Tactics (Discovery) by John Midgley In this column, I will talk about the importance of doing discovery in any civil case in which you are involved. I will first describe what discovery is and what it is for, then explain why it is so important for …
Washington Prisoners Damage Colorado Private Prison by Amajor prisoner uprising rolled through a for-profit prison at Olney Springs, Colorado, for six hours, causing extensive damage. State prison SWAT teams were called in from as far as 200 miles away to regain control of the prison. The incident took place Friday, …
Washington Prisoners Brutalized in Colorado Private Prison by Waldo Waldron-Ramsey [Editor's Note: The corporate media in Colorado and Washington alike reported on the uprising by Washington prisoners at the Olney Springs prison. They uniformly parroted the line by prison officials that the prisoners had revolted because they were unhappy at …
Article • June 15, 1999 • from PLN June, 1999
CCA - Prison Realty Merger Approved by Alex Friedmann A merger between Corrections Corp. of America (CCA) and Prison Realty Trust was approved by shareholders of both companies on Dec. 1, and Dec. 3, 1998, respectively. CCA had spun-off Prison Realty Trust in July 1997, then announced merger plans last …
Article • June 15, 1999 • from PLN June, 1999
CMS Settles Wrongful Death Suit for $75,000 by In 1998 Correctional Medical services (CMS) and the estate of Mark Murphy settled a wrongful death suit for $75,000. CMS is the largest provider of privatized medical care to prisoners and jail detainees. Mark Murphy was imprisoned at the Delaware Correctional Center …
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