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Article • April 15, 1999 • from PLN April, 1999
Mauro Vacated for Rehearing by In the February, 1999, issue of PLN we reported Mauro v. Arpaio, 147 F.3d 1137 (9th Cir. 1998) which struck down as unconstitutional an Arizona jail's ban on sexually explicit material. The Ninth circuit has ordered that opinion withdrawn because a panel of 11 judges …
Article • April 15, 1999 • from PLN April, 1999
BOP Violent Offender Notification Policy Overinclusive by The court of appeals for the Third Circuit held that a conviction for simple possession of a weapon by a convicted felon is not a "crime of violence" within the scope of 18 U.S.C. section 4042(b), a law which requires federal prison officials …
Twenty-Four Hour Notice of Disciplinary Charges Required by Afederal district court in Indiana held that a prisoner's right to due process was violated when he was not provided with 24 hour notice of the disciplinary charges against him. Darnell Evans, an Indiana state prisoner, was infracted on charges of "giving …
Article • April 15, 1999 • from PLN April, 1999
Seizure of Trust Account Interest Violates Takings Clause by The Court of Appeals for the Ninth Circuit held that prisoners possess a constitutionally protected property interest in the interest earned on prisoner trust accounts. The California Department of Corrections, (CDC), has established two separate types of trust accounts that prisoners …
Denial of Handicapped Jail Facilities Set for Trial by The court of appeals for the Ninth circuit held that a handicapped detainee was entitled to a trial to prove jail conditions were unconstitutional in light of his disability. On remand, the lower court was instructed to consider whether the plaintiff …
$250,000 FTCA Beating Judgment Reversed by The court of appeals for the Eleventh Circuit held that the discretionary function exception to the Federal Tort Claims Act (FTCA) shields the United States from liability for injuries sustained by a federal prisoner, as a result of an attack by another prisoner. A …
Article • April 15, 1999 • from PLN April, 1999
Cane Seizure Can Violate Eighth Amendment by Afederal district court in New York held that the seizure of a prisoner's medically prescribed cane by a guard can give rise to an Eighth Amendment violation. Because the guard's subjective intentions for seizing the cane were at issue, the court denied summary …
Article • April 15, 1999 • from PLN April, 1999
PLRA Fee Provisions Apply to All Pending Cases in the Fifth Circuit by The court of appeals for the Fifth circuit held that 28 U.S.C. § 1915(a), which requires that prisoners ultimately pay all filing fee costs, applies retroactively to cases filed before the PLRA's enactment, if they are still …
Article • April 15, 1999 • from PLN April, 1999
The Mental Torture of American Prisoners: Cheaper Than Lab Rats, Part 2 by Hans Sherrer The use of prisoners in medical experiments didn't begin or end with the radiation experiments conducted on them from the 1940's to the 1970's. [See: Part I - Can Prisoner's Glow in the Dark? ,PLN …
Medical Care Unconstitutional in Puerto Rico Prisons by Medical Care Unconstitutional In Puerto Rico Prisons A federal court in Puerto Rico has held that the lack of medical care in the Puerto Rican prison system is unconstitutional. This is a class action under 42 U.S.C. § 1983 brought by Puerto …
Article • April 15, 1999 • from PLN April, 1999
PLN Sues Michigan DOC over Censorship of The Celling of America by On February 8, 1999, PLN sued the Michigan Department of Corrections in U.S. District Court in Ann Arbor, Michigan. In April, 1998, prison officials at the Huron Valley Men's Facility censored a copy of PLN 's critically acclaimed …
Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles by The court of appeals for the Eighth Circuit held that there was sufficient evidence that the county's policies regarding the housing of juvenile detainees, resulted in overcrowding, which led to a juvenile being beaten, raped …
Article • April 15, 1999 • from PLN April, 1999
Daring Death Row Escape Shakes up Texas by It was a Thanksgiving that will long be remembered by Texas prisoners and guards alike. The first escape of a Texas death row prisoner since Raymond Hamilton, a member of the Bonnie and Clyde gang, busted out in 1934. Shortly after midnight …
De Facto Ban on Live Testimony Unconstitutional by The court of appeals for the Seventh Circuit held that the Stateville (Illinois) Correctional Center policy of denying virtually all live witness testimony at prison disciplinary hearings, which could result in revocation of good-time credits, violates due process. However, the court vacated …
Article • April 15, 1999 • from PLN April, 1999
Oregon "Predatory Sex Offender" Label Requires Notice and Hearing by Oregon "Predatory Sex Offender" Label Requires Notice and Hearing The Oregon Supreme Court ruled that due process requires that Oregon sex offenders receive notice and an evidentiary hearing before the Board of Parole and Post-Prison Supervision (Board) may designate them …
Illegal Detention Violates Substantive Due Process by The court of appeals for the Seventh Circuit held that the detention of an individual for 57 days in a county jail on a civil contempt warrant "shocks the conscience" and violates substantive due process. The court further held that this right was …
Article • April 15, 1999 • from PLN April, 1999
South Carolina Parole Elimination Violates Ex Post Facto by The South Carolina supreme court held that the retroactive statutory elimination of parole eligibility for violent offenders violates the ex post facto clause provisions of the United States and South Carolina constitutions. Ronnie Phillips, a South Carolina state prisoner, pled guilty …
New York Prisoners Have Right to Staff Assistance and Witness Testimony by The court of appeals for the Second Circuit held that New York state prisoners have a right under the Due Process Clause to have disciplinary hearing officers provide staff assistance and to obtain requested documentary evidence and witness …
Jury Awards $8,000 in California Prison Assault by On November 23, 1998, a federal jury in Sacramento, California, awarded state prisoner Johnny Garcia $8,000 in damages stemming from a prison assault. On January 3, 1994, Garcia (a member of the Northern Mexican prison gang, AKA Norteño) was placed in administrative …
Article • April 15, 1999 • from PLN April, 1999
Seventh Circuit Defines Court Access Claims Involving Property by The court of appeals for the Seventh circuit held that prisoners cannot base court access claims on the loss of property unless that loss results in an ongoing hindrance or actual injury to an underlying claim. The court also discussed pleading …
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