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Cheaper Than Lab Rats: Can Prisoners Glow in the Dark? by Hans Sherrer We get outraged and indignant when we read or hear of atrocities committed by Nazi doctors in the name of medical science. [1] Yet, if what the Nazis did is what triggers our sense of outrage, then …
Article • March 15, 1999 • from PLN March, 1999
Former 'Guinea Pigs' Protest by Fifty former Pennsylvania state prisoners protested outside the Hospital of the University of Pennsylvania on a cold December morning in 1998 to draw attention to the pain and suffering they say resulted from medical experiments performed on them in Holmesburg prison "We are the experimentation …
No Private Rights Under International Treaties by Afederal district court in Washington state held that state prisoners do not have an implied right of action for alleged "crimes against humanity," as violations of international law. The court further held that neither the International Covenant on Civil and Political rights (ICCPR), …
Article • March 15, 1999 • from PLN March, 1999
Book Review: Acres of Skin: Human Experiments at Holmesburg Prison by Daniel Burton-Rose Allen M. Hornblum Routledge, 297 pgs., $25.00 by Daniel Burton-Rose The ignominious story of U.S. medical experimentation on prisoners is rarely one that makes the history books. Tests using prisoners as human guinea pigs included World War …
Article • March 15, 1999 • from PLN March, 1999
Book Review: Sensible Justice: Alternatives to Prison by Daniel Burton-Rose David C. Anderson The New Press, 182 pgs., $25.00 The programs David C. Anderson lauds in Sensible Justice are everything that alternatives to prison should not be. They stress the punitive over what could reintegrate an offender into society; the …
Article • March 15, 1999 • from PLN March, 1999
PLN Sues Utah Jail Over Publication Ban; Suit Settled by The Box Elder county jail in Brigham City, Utah, had a policy prohibiting its prisoners from receiving books and magazines from any sources outside the jail. Eric Piper, a Utah state prisoner and PLN subscriber, was transferred to the Jail …
Wisconsin Resists Out-of-State Transfers by In October, 1996, Wisconsin's legislature granted the Department of Corrections (WDOC) authorization to house 700 prisoners in Texas County Jails. WDOC Secretary Michael Sullivan overcame the opposition to that first prisoner-export proposal by assuring the public that the crossborder option was merely a stop-gap measure …
Article • March 15, 1999 • from PLN March, 1999
Pro Se Tips and Tactics (Appointment of Counsel) by John Midgley If you have a meritorious civil rights claim in federal court, it is obviously a good idea to try to have the claim presented by a lawyer. Most lawyers have specialized, professional knowledge of court procedures, methods, and tactics …
No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force by Two federal district courts in Illinois held that a state prisoner was not required to exhaust his administrative remedies when filing suit seeking damages if the administrative remedies did not provide for damages. …
Colorado Prisoner Beaten, Not Stabbed by In the December, 1998, "News In Brief" PLN reported that Colorado State Penitentiary (CSP) prisoner Michael Garcia was stabbed to death by two other prisoners. We got our facts from published news accounts, and those facts were wrong. "The Denver Post printed that false …
Article • March 15, 1999 • from PLN March, 1999
Florida Nicotine Addiction Suit Settled by The cover story in the January, 1998, issue of PLN , "Smoking, Lies and Hypocrisy," by Paul Wright, mentioned the case of Thomas Waugh. Waugh, a Florida prisoner, had sued Florida prison officials for failing to provide him with any type of treatment to …
Article • March 15, 1999 • from PLN March, 1999
Pennsylvania Supreme Court Draws the Line on Jailhouse Snitches by In a highly unusual ruling, the Pennsylvania Supreme Court said that "luck or happenstance" is the only allowable means for prosecutors to obtain incriminating information through the use of jailhouse snitches. In a 4-2 decision, the court overturned a murder …
Article • March 15, 1999 • from PLN March, 1999
Arkansas Sheriff Bent on "Saving" Prisoners by Arkansas Sheriff Bent on "Saving" Prisoners They call him "Sheriff Andy," you know, just like the TV show. But if your butt lands in Sheriff Andy Lee's Benton County (Arkansas) jail, you won't think you're stuck in a Mayberry R.F.D. rerun. More like …
Article • March 15, 1999 • from PLN March, 1999
Work-Release Prisoners Eligible to Vote on Union Representation by Apanel of the National Labor Relations Board (NLRB), upon reconsideration of its original determination, has held that four work-release employees share a sufficient "community of interest" with the regular "free-world" unit employees, so they are eligible to vote in union representation …
Jail Brutality Verdict Reversed Due to Improper Argument and Jury Instruction by The court of appeals for the Seventh circuit reversed a jury verdict in favor of jail guards because their lawyer argued the detainee-plaintiff's attorney did not believe his client. The court also held that a jury instruction on …
Retaliatory Beating of Prisoner Is Triable Fact Issue by Afederal district court in New York has held that a prisoner who alleged he was beaten by guards in retaliation for filing grievances against the guards presented a disputed material fact issue precluding summary judgment for the guards. Ramel Mahotep, a …
Administrative Exhaustion Doesn't Include Judicial Remedies by The court of appeals for the Third circuit held that the Prison Litigation Reform Act's (PLRA) administrative exhaustion requirement does not include judicial exhaustion as well. Hassan Jenkins, a New Jersey state prisoner, filed suit in federal court claiming his due process rights …
Article • March 15, 1999 • from PLN March, 1999
PLRA "Three Strikes" Provision Upheld and Discussed by PLRA "Three Strikes" Provision Upheld and Discussed The ostensible purpose of the Prison Litigation Reform Act (PLRA) was to curtail frivolous litigation by prisoners. 28 U.S.C. § 1915(g) was enacted which does not allow In Forma Pauperis (IFP) status for prisoners that …
Article • March 15, 1999 • from PLN March, 1999
Pennsylvania Consent Decrees Terminated Under PLRA by In two separate rulings, different federal district courts in Pennsylvania held the consent decree termination provisions of the PLRA to be constitutional and dissolved the decrees at issue. In the July, 1998, issue of PLN we reported Imprisoned Citizens Union v. Shapp, 977 …
Article • March 15, 1999 • from PLN March, 1999
"Tough" Florida Sheriff Arrested by "Tough" Florida Sheriff Arrested Admitting he committed a "sinful, wrong and criminal act," Marion County (FL) Sheriff Ken Ergle resigned October 15, 1998, after state officials charged him with grand theft and official misconduct. Ergle surrendered to Florida Department of Law Enforcement (FDLE) investigators, who …
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