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Article • May 15, 1999 • from PLN May, 1999
Individual Legislators May Intervene to Terminate Prison Suits by Individual Legislators May Intervene To Terminate Prison Suits by Matthew Clarke The court of appeals for the Fifth Circuit held that, under the Prison Litigation Reform Act (PLRA), individual state legislators could intervene in prison release litigation. In 1972, David Ruiz, …
Prisoner Must Show Imminent Danger at Time of IFP Request to Avoid PLRA Three-Strikes Dismissal by The court of appeals for the Fifth Circuit has held that a prisoner who is subject to the three-strikes provision in the Prison Litigation Reform Act (PLRA) must show that he is under imminent …
Suicides Plague Florida Women's Prison by Alex Friedmann Florence Krell, a 40-year-old mother of two serving an 18-month sentence for grand theft after she failed to return her boyfriend's rental car, hanged herself from her cell door at the Jefferson Corr. Institution on October 11, 1998. She had been at …
Article • May 15, 1999 • from PLN May, 1999
White Guard, Black Guard: Racism in Washington Continues by Jennifer Vogel Charles Jackson and Collins Bailey, two of only a handful of African-American prison guards working at the Clallam Bay Corrections Center about 40 miles west of Port Angeles, were lost. They'd been on the way to an outdoor barbecue …
Tainted Plasma Traced to Arkansas Prison: Bill Clinton's Blood Trails by St Clair, Jeffrey by Jeffrey St. Clair The year Bill Clinton became governor of Arkansas, the Arkansas state prison board awarded a hefty contract to a Little Rock company called Health Management Associates (HMA). The company got $3 million …
Jury Awards $2.3 Million for Slain San Quentin Prisoner, State Settles for $2.5 Milliion by Willie Wisely by W. Wisely On Monday, November 30, 1999, a federal jury awarded more than $2.3 million in damages to the family of a prisoner shot to death by a San Quentin guard. The …
Article • May 15, 1999 • from PLN May, 1999
No Liberty Interest in Ohio Ad-Seg Rules by The court of appeals for the Sixth circuit held that Ohio prisoners have no state created liberty interest in remaining free of administrative segregation (ad-seg). Alvin Jones, an Ohio state prisoner, filed suit claiming that a 2k year placement in ad seg …
Article • May 15, 1999 • from PLN May, 1999
Filed under: Media, Access to Media
Pennsylvania Ban on Writing by Mumia Abu-Jamal Enjoined by The court of appeals for the Third circuit held that a district court erred when it refused to grant a Preliminary Injunction (PI) to PLN columnist Mumia Abu-Jamal to enjoin a Pennsylvania Department of Corrections (DOC) rule prohibiting him from writing. …
Article • May 15, 1999 • from PLN May, 1999
A Nation's Gratitude by Mumia Abu-Jamal Many governments have been founded on principles of subordination and serfdom of certain classes of the same race... [Such] were, and are, in violation of the laws of nature. Our system commits no such violation of nature's laws. With us, all the white race, …
Utah Jail Censorship Suit Settled for $68,682 by On October 28, 1998, a class action suit challenging various censorship rules at the Davis County Jail in Utah was settled for $11,682 in damages and $57,000 In attorney's fees. In 1995 the Davis County Jail enacted policies banning books, newspaper clippings …
Article • May 15, 1999 • from PLN May, 1999
Illinois KKK Guard Loses Lawsuits, Goes to Prison by Paul Wright On December 4, 1998, former Illinois prison sergeant Wallace Scott Weicherding (64) was sentenced to 5 years, 10 months in federal prison after being convicted on conspiracy and weapons charges. Weicherding was arrested with five other men who called …
Article • May 15, 1999 • from PLN May, 1999
5th Circuit Upholds Mississippi Disenfranchisement Law by The Court of Appeals for the Fifth Circuit affirmed a district court's denial of a Mississippi state prisoner's claim that he is improperly being denied the right to vote. The Mississippi Constitution denies the right to vote to any person "convicted of murder, …
County Bankruptcy Tolls FRCP 4(m) by The court of appeals for the Ninth Circuit held that a county's bankruptcy proceedings tolled Federal Rule of Civil Procedure (FRCP) 4(m) which gives plaintiffs 120 days in which to serve defendants with the lawsuit. In 1995 Gordon De Tie sued Orange County, California, …
Article • May 15, 1999 • from PLN May, 1999
Consenting to Have Magistrate Conduct Trial Not Waiver to Right to Jury Trial by The Fifth Circuit court of appeals held that a pro se prisoner who signed a consent to have a magistrate judge conduct his trial did not knowingly waive his right to a jury trial. Kevin Jennings, …
Article • May 15, 1999 • from PLN May, 1999
District Court Can't Dismiss Appeal for Failure to Pay Filing Fee by The court of appeals for the Seventh circuit held that district courts lack the statutory authority to dismiss appeals due to a party's failure to pay the filing fee. Earl Sperow, an Illinois state prisoner, filed a lawsuit …
Guard Raped, Entire Texas Prison System Locked Down by A female Texas Department of Corrections (TDC) prison guard was dragged into a cell, held hostage for two hours and sexually assaulted by a prisoner armed with an 8-inch piece of sharpened metal, according to several published news accounts. The French …
Grand Jury Reverses Indictment Against Jailers by A Galveston, Texas, grand jury decided to take back an indictment it had issued against four Galveston County sheriff's deputies after three of the four agreed to surrender their peace-officer licenses. The reversal left some law experts scratching their heads. "I've never heard …
Article • May 15, 1999 • from PLN May, 1999
Corcoran Shooting Death Suit Settled for $825,000 by On November 10, 1998, the California Department of Corrections (CDC) settled a lawsuit involving the 1994 shooting death of prisoner Preston Tate for $825,000. Tate, a black gang member, was in the Corcoran prisons Security Housing Unit (SHU) when guards placed him …
Article • May 15, 1999 • from PLN May, 1999
Filed under: Organizing, Voting
New Hampshire Prisoners Gain the Vote by ANew Hampshire Superior Court ruled that state laws prohibiting all incarcerated felons from voting violate the state constitution. On September 4, 1998, state prisoner David J. Fischer sent a letter to the Rochester City Clerk to request "that you register me to vote …
Article • May 15, 1999 • from PLN May, 1999
Colorado Prisoner Acquitted of Kidnapping by Colorado state prisoner William Sojka may have had a "fool for an attorney" (he represented himself at trial). But a jury did acquit him of kidnapping, attempted murder and assault charges for allegedly taking guard Mary Henderson hostage, shocking her with an electrical cord …
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