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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 …
Court Screening Applies to Paid Suits Too by The court of appeals for the Fifth circuit held that 28 U.S.C. § 1915A allows district courts to dismiss as frivolous even lawsuits where the filing fee has been prepaid in full. The court also held that challenges to conditions of confinement …
Article • June 15, 1999 • from PLN June, 1999
Failing to Provide Disabled Prisoner Showers for Two Months Cruel and Unusual by The Fifth Circuit court of appeals has held that failing to accommodate a disabled prisoner whose disability and close confinement accommodations prevented him from showering states a claim under the Cruel and Unusual Punishments Clause of the …
Article • June 15, 1999 • from PLN June, 1999
Federal Judge Rules Texas Prisons Still Unconstitutional, PLRA Unconstitutional by By Matthew T. Clarke Following a nineteen-day hearing in the class-action Ruiz lawsuit on prison conditions in the Texas Department of Criminal Justice Institutional Division (TDCJ-ID), which has been pending in his court since 1972, William Wayne Justice, a Texas …
Article • June 15, 1999 • from PLN June, 1999
Washington Parole Officer Blown Up by On January 26, 1999, Tom Perrine, a Community Corrections Officer (AKA parole officer), for the Washington Department of Corrections, was blown up by a trip wire bomb planted in the carport of his Montesano home. Perrine was leaving for work when he saw a …
Prison Madness, by Terry Kupers, MD (Book Review) by Dan Pens Jossey-Bass, 1999 Reviewed by Dan Pens Ted Kaczynski is clearly mentally ill. So said six psychiatrists who told the court that the infamous Unabomber is an acutely psychotic paranoid schizophrenic. In addition to being quite mad, Kaczynski possesses a …
Article • June 15, 1999 • from PLN June, 1999
Indictment: The News Media and the Criminal Justice System (Book Review) by Alex Friedmann Reviewed by Alex Friedmann Indictment, a report by the Freedom Forum First Amendment Center at Vanderbilt University, presents a hard look at the shortcomings of crime coverage by the press. The authors, two experienced journalists, condemn …
Judge Throws Out Corcoran Sanctions by Willie Wisely by W. Wisely As state and federal investigations into brutality, corruption, and cover-ups at California's Corcoran prison expand, as the ink on multi-million dollar settlement checks is barely dried, and as the grass grown over the bodies of young men gunned down …
Juveniles Held Hostage for Profit by CSC in Florida by Alex Friedmann According to a consultant hired by the Florida Department of Juvenile Justice, the Pahokee Youth Development Center (Juvenile prison) operated by the Correctional Services Corporation (CSC) kept ten juvenile detainees beyond their release dates for no other reason …
Article • June 15, 1999 • from PLN June, 1999
Florida Porn Ban Challenged by On December 31, 1998, an amended complaint was filed in the US district court for the Southern District of Florida in Miami challenging the Florida Department of Corrections' ban on sexually explicit material. In 1998 the Florida DOC changed Florida Administrative Code (FAC) 33-3.012 to …
Mitigation Instruction and Excluding Indemnification Evidence Reversible Error by The court of appeals for the Seventh circuit held that a district court erred when it did not allow a jail detainee plaintiff to introduce evidence of a state indemnification statute after the defendants told a jury that a damages verdict …
Parole Officials Liable for False Information in Parole Violation Arrest Warrant by A federal district court in New Jersey has held that parole officials are liable for causing the arrest of a parolee based upon false information. Robert Friedland, a New Jersey state prisoner, was paroled in August, 1995. Subsequently …
Article • June 15, 1999 • from PLN June, 1999
Pardon Satisfies Heck by The court of appeals for the Eighth circuit held that a governor's pardon invalidates a criminal conviction in order to permit a 42 U.S.C. 1983 claim for damages to proceed. Johnny Wilson, a mentally retarded Missourian, pleaded guilty to a murder he did not commit in …
Fifth Circuit Upholds PLRA Exhaustion Requirement by Ronald Young The court of appeals for the Fifth circuit affirmed a lower court's dismissal of a prisoner's 42 U.S.C.A. § 1983 claims for failure to exhaust administrative remedies prior to filing suit as required by 42 U.S.C. § 1997e. However, the claims …
Article • June 15, 1999 • from PLN June, 1999
Federal Prisoners Must Exhaust Administrative Remedies Before Suing by The court of appeals for the Eleventh Circuit has held that federal prisoners must exhaust administrative remedies before filing a Bivens suit against prison officials. Michael Alexander, a federal prisoner, filed a Bivens suit challenging the constitutionality of prison regulations prohibiting …
Article • June 15, 1999 • from PLN June, 1999
Imminent Danger Overrides Three Strikes by The court of appeals for the Third Circuit held that conditions allegedly resulting from a vent emitting particles of dust and lint into a cell constitute a serious physical injury for purposes of circumventing the "three strikes" provision of the Prison Litigation Reform Act …
Exhaustion Not Required for Bivens Claim by Exhaustion Not Required for Bivens Claims The court of appeals for the Fifth Circuit held that federal prisoners pressing Bivens claims against federal officials for only monetary relief need not exhaust meaningless administrative remedies. The court further held that a party is entitled …
Article • June 15, 1999 • from PLN June, 1999
Pennsylvania Brutality Suit Settled for $5,000 by In June, 1998, the Lancaster County prison in Lancaster, Pennsylvania, settled a brutality suit with former prisoner Ruben DeJesus by paying him $5,000 in damages and waiving 4,180 in prison rent and $1,128.23 in medical costs. DeJesus filed suit after being beaten by …
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