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Article • February 15, 1999 • from PLN February, 1999
Dismissal with Prejudice for Failure to Exhaust; Prison Must Process Grievance within Time Limits by In an opinion of great importance to prisoners filing civil rights suits, the Fifth Circuit court of appeals has upheld a district court's dismissal with prejudice toward future in forma pauperis (IFP) filing of a …
California Guards Indicted in Rapes by Willie Wisely By W. Wisely More than five years after they set two prisoners up to be raped, then concealed their crimes by falsifying documents and lying to investigators, five guards from California's Corcoran prison were indicted on October 8, 1998, by a Kings …
New York Prison Guard Nailed with DNA Evidence by Aformer New York state prison guard was sentenced in September, 1998, to three years imprisonment after admitting he forced a male prisoner to perform oral sex. Michael W. Roberts was a guard at the Adirondack Correctional Facility in upstate New York …
Article • February 15, 1999 • from PLN February, 1999
Virginia Prison "Fire Trap" Finding Reversed by Virginia Prison "Fire Trap" Finding Reversed Virginia's state fire marshal overruled an inspector's recommendation to close a prison "fire trap" after reinspecting the building himself at the request of the warden, according to an Associated Press report. Carolyn R. Williams, a state fire …
Threats to File Grievances Protected by Afederal district court in New York held that the existence of a genuine issue of material fact as to whether a prison guard had battered a prisoner in retaliation for the prisoner's threat to file a grievance on the guard, precluded summary judgment on …
Article • February 15, 1999 • from PLN February, 1999
University Professor Shills for Private Prison Industry by Alex Friedmann Much of the statistical and academic information regarding prison privatization that is reported in the media (and consequently relied upon by lawmakers deciding whether to contract with private prison companies) comes from Charles W. Thomas, director of the Private Corrections …
Article • February 15, 1999 • from PLN February, 1999
Samuels v. Mockry Reversed Once Again by The court of appeals for the second circuit held that an issue of fact as to whether prison officials acted with a retaliatory animus when they placed a prisoner in the "Limited Privileges Program" (LPP), precluded summary judgment for the defendants. This is …
Washington 35% Statute Upheld in State Court by AWashington state appeals court upheld the constitutionality of two statutes which allow the seizure by the state of 35% of the wages prisoners earn and of the money sent in to prisoners from outside the prison system. The court held the laws …
Article • February 15, 1999 • from PLN February, 1999
Scott Superceded by In the October, 1998, issue of PLN we reported Scott v. Albury, 138 F.3d 474 (2nd Cir. 1998). The case involves an analysis of the process due in prison disciplinary hearings where only a punishment of disciplinary segregation is imposed. That ruling was superseded by a new …
Settlement in Washington State Deaf Prisoners' Lawsuit by Jeff Crollard Aclass action lawsuit was settled on behalf of deaf and hearing-impaired prisoners in Washington State on September 3, 1998. The settlement agreement obligates the Washington State Department of Corrections to provide qualified sign language interpreters and assistive devices, such as …
Duffy v. Riveland: Some Comments Regarding the Court's January 20, 1998 Summary Judgment Ruling by Leonard Feldman By Leonard J. Feldman On January 20, 1998, the district court in Duffy v. Riveland granted summary judgment on a state law claim presented by plaintiff Sean Duffy. The Court found that it …
Article • February 15, 1999 • from PLN February, 1999
California Gas Chamber Ruling Vacated by In the April, 1995, issue we reported Fierro v. Gomez , 865 F. Supp. 1387 (ND CA 1994), affirmed at 77 F.3d 301 (9th Cir. 1996)[ PLN , Nov. 1996] which held that California's gas chamber was an unconstitutional means of execution. The supreme …
PLN Writer Settles Nude Photo Suit for $3,000 by On June 2, 1998, a Florida prisoner and Assistant Attorney General struck a settlement deal in the midst of a federal trial. The prisoner regained possession of two nude photos confiscated by DOC officials in 1993 and received approximately $3,000 in …
Article • February 15, 1999 • from PLN February, 1999
Filed under: News, News in Brief
News in Brief by CA : On October 1, 1998, about 100 prisoners at the privately run Victor Valley Community Correctional Facility were involved in a fight. Three prisoners required hospital treatment for minor injuries. The prison is run by Maranatha Private Corrections. CA : On September 19, 1998, the …
Article • February 15, 1999 • from PLN February, 1999
From the Editor by Paul Wright Since PLN began publishing in 1990 we have had to confront prison censors that have sought to prevent prisoners from receiving PLN . We have usually been able to resolve these problems administratively. In those cases where letters or phone calls prove fruitless we …
Brief • February 5, 1999
Filed under: Accidents
Swartz v. WA DOC, WA, Release and Settlement Agreement, Gym Roof Accident, 1999 .. . '.", ~. @"" Christine O. Gregoire ATTbRNEY GENERAL OF WASHINGTON .. Tort Claims Division 629 Woodland'Sqtiare Loop SE First Floor • PO Box 40126 • Olympia WA 98504-0126 -., ~. ,. "I RELEASE AND SETTLEMENT …
Brief • February 5, 1999
Davis v. Bureau of Prisons, DC, Complaint, Lost Property, 1999 (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c
Juvenile Crime Still Pays -- But at What Cost? by Alex Friedmann Juvenile Crime Still Pays – But at What Cost? by Alex Friedmann [Last February, PLN published a cover article, "Juvenile Crime Pays," concerning the proliferation of for-profit juvenile justice services. This month we revisit the topic following recent …
Article • January 15, 1999 • from PLN January, 1999
Guard's Death Threats May Violate Eighth Amendment by The court of appeals for the District of Columbia (DC) Circuit held that a guard's death threats to a prisoner stated a claim under the Eighth amendment. The court also held that the In Forma Pauperis (IFP) provisions of the Prison Litigation …
No Immunity for Forcing Disabled Prisoner to Work by The court of appeals for the Eighth circuit held that a prison guard was not entitled to qualified immunity from money damages for forcing a prisoner to perform work he was physically incapable of doing. Ramon Sanchez, a Missouri state prisoner, …
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