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Article • April 15, 1999 • from PLN April, 1999
Failure to Give Summary Judgement Notice is Reversible Error by The court of appeals for the Ninth Circuit, en banc, reaffirmed that pro se prisoner litigants are entitled to fair notice of the requirements of the summary judgment opposition rule. The court also held that the notice requirement may be …
Article • April 15, 1999 • from PLN April, 1999
No Appeal Allowed in Louisiana Consent Decree Dissolution by The court of appeals for the Fifth circuit held that it lacked jurisdiction to hear an appeal to a district court ruling that dissolved virtually all consent decrees governing prisons and jails in the state of Louisiana because the plaintiffs did …
Indiana May Not Deny Pay and Educational Programs to Protective Custody Prisoners by The Court of Appeals of Indiana has held that the Indiana Department of Corrections (DOC) violated state law, Title 11, Section 11-10-5-1 when it denied all education programs to prisoners in protective custody. The court held that …
Article • April 15, 1999 • from PLN April, 1999
U.S. District Courts Have No Authority To Grant Or Deny Credit Toward Sentence by The court of appeals for the Second circuit held that district courts do not have the authority to order the Federal Bureau of Prisons (BOP) to either grant or deny credit or to disregard the BOP's …
Article • April 15, 1999 • from PLN April, 1999
Filed under: Sentencing, Good Time
Denial of Good Time Because of Jury Sentencing Choice Violates Equal Protection by The Fifth Circuit court of appeals held that a sheriff violated the Equal Protection Clause of the Fourteenth Amendment when he promulgated a policy of granting good time to county prisoners sentenced by a judge and denying …
$45,000 Award in BOP Tort Claim Medical Neglect Suit by Afederal district court in Texas has awarded a pro se federal prisoner $45,000 under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, for medical neglect by the United States Bureau of Prisons (BOP) in failing to transfer him …
Article • April 15, 1999 • from PLN April, 1999
Released Sex Offender Not "In Custody" for Habeas by Released Sex Offender Not "In Custody" for Habeas In a case of first impression, the Ninth Circuit ruled that a sex offender who has completed his sentence, but who must register under a so-called "Megan's Law," is not "in custody" for …
$1,500 in Disabled Prisoner Work Suit by The Eighth Circuit court of appeals has upheld the award of $1,500 against prison officials who forced a prisoner to perform manual labor which violated his medical work restrictions and resulted in injury. German Williams, an Arkansas state prisoner, was assigned a medical …
Article • April 15, 1999 • from PLN April, 1999
Timothy "Little Rock" Reed Released on Parole by Timothy "Little Rock" Reed Released on Parole On December 17, 1998, Timothy "Little Rock" Reed was reinstated to his Ohio parole following a five year extradition battle. Reed, a former prison activist, fled Ohio In 1993 when he was accused of violating …
Article • April 15, 1999 • from PLN April, 1999
$355,000 Verdict in New York Asthma Death by On November 23, 1998, New York court of claims judge Nicholas Midley Jr. awarded the family of Peter Farace $350,000 in damages for Farace's death and $50,000 in interest. Farace, 25, died of an asthma attack on February 9, 1986 at the …
Article • April 15, 1999 • from PLN April, 1999
New York Jail Brutality Suit Settled for $3,500 by On September 25, 1998, the City of New York settled a brutality suit for $3,500. Edward Massey, a prisoner at the Anna M. Kross Center In East Elmhurst, New York, was attacked by several jail guards after he protested the beating …
Article • April 15, 1999 • from PLN April, 1999
Parole Change May Violate Ex Post Facto; Change Can Be Challenged Via § 1983 by Parole Change May Violate Ex Post Facto; Change Can Be Challenged Via § 1983 In two separate rulings the court of appeals for the District of Columbia circuit held that changes to parole eligibility schemes …
Article • April 15, 1999 • from PLN April, 1999
Filed under: News, News in Brief
News in Brief by Azerbaijan : On January 8, 1999, 11 prisoners at the Gobustan prison camp rioted and took 28 guards hostage. Government officials agreed to the prisoners' demand of being flown out of the country. When the prisoners and their hostages boarded a bus they believed was going …
Article • April 15, 1999 • from PLN April, 1999
From the Editor by Paul Wright In January the Washington prison system implemented new mail censorship rules. This is in line with the national trend by prisons and jails who seek to cut off the flow of information to prisoners and also keep outsiders as ignorant as possible of what …
Brief • April 14, 1999
Bartley v. District of Columbia, DC, Complaint, Inmate Assault, 1999 r']~ t .··.··~~~;"(0 SUPERIOR COURT OF THE DISTRICT OF COt}6·MBIft:-==-::~_ _...... E eEl V E 0' CIVIL DIVISION APR 14' 199Q \ \\ OW .--n::L-J.O I. P. - . C (:2 . --..J C. --. '~-.) .IT ") ~ _.J~J.:)(") …
Brief • April 12, 1999
Filed under: Racial Discrimination
Woodley v. WA DOC, WA, Settlement, Race Discrimination Case, 1999 .- .", . ....... ... STATE OFFICE OF RISK MANAGEMENT SETTLEMENT AGREEMENT 1999 APR 12 AN 10: 58 IN THE MATTER OF BILLY G. WOODLEYv. STATE OF WASHINGTON, ET AL. PIERCE COUNTY SUPERIOR COURT CAUSE No. 96-2-08565-6 The parties, BILLY …
Brief • April 3, 1999
Pagan v. US, CT, Defendant Pysher Release, 1999 UNITED STATES DISTRICT COURT . DISTRICT OF CONNECTICUT ELIZABETH PAGAN, Plaintiff, CIVIL NO. 3:97CV1798(RNC) v. UNITED STATES OF AMERICA, Defendant. RELEASE I, STEVEN PYSHER, one of the defendants originally named in this action, hereby release any and all claims, demands, rights, and …
Sellers v. Texas Division of Criminal Justice, TX, First Amended Complaint, Race and Sex Discrimination, 1999 , Unlted Stott' Dlstrlct Court Southern District of Tlltas fILED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION LATRICE M. SELLERS * VS. * APR 0 1 …
Brief • March 30, 1999
Brooks v. Stalder, LA, Judgment, Book Censorship, 1999 UNITED STATES DISTRICT COURT ... FILED U.~. :r·1,..,..· -r.:~.,. :-'," r.r:"R ";(J T MIDDLE DISTRICT OF LOUISIANA "~ • I:'. GEORGE BROOKS JR. ,...",:, , --". 99 H,~/? 30 t,!.! .e, I~' '.1. /9 (#112526) !.. . J21CH .--::--.-... CIVIL ACTIoN ~,ttO …
Brief • March 22, 1999
Filed under: Accidents
Sprengel v. State of Washington, WA, Judgment, Walla Walla Parking Lot Accident, 1999 ~. 3 \0 :2:JG:l7-01 -._""! .'."'"'. , "'" If .' " .... 1 ,•• I 1 2 3 I, Jo Anne Caines. certify that on March 10, 1999, I mailed a copy of this document, postage prepaid, …
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