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Article • January 15, 1999 • from PLN January, 1999
BOP Exceeds Statutory Authority in Denying Sentence Reductions by Afederal district court in the District of Columbia held that the Bureau of Prisons (BOP) had exceeded its statutory authority by defining "violent" offenses to preclude a sentence reduction for convictions the courts have consistently defined as "non-violent." In 1994 congress …
Article • January 15, 1999 • from PLN January, 1999
Utah Strip Search Suit Settled by On January 21, 1998, the Utah Department of Corrections settled a strip search lawsuit with prisoner David Hansen. Hansen had filed suit claiming his Fourth amendment rights were violated when he was handcuffed and subjected to a strip search where prison guards manipulated his …
$15,001 Excessive Force Verdict Affirmed by The court of appeals for the First circuit affirmed a jury verdict awarding $15,001 in damages to a prisoner beaten by prison guards. The court affirmed several evidentiary rulings by the district court excluding evidence of a disciplinary hearing guilty plea by the plaintiff …
AEDPA Statute of Limitations Tolled by The court of appeals for the Third circuit held that the one year statute of limitations in which to file a federal habeas corpus petition is a statute of limitation subject to tolling. In 1994 Frank Miller, a New Jersey state prisoner, was found …
Article • January 15, 1999 • from PLN January, 1999
California Parolee Gag Order Lifted by The California Department of Corrections (CDC) admits it made a mistake when one of its agents tossed a parolee in jail for refusing to sign off on a parole condition banning him from talking to the media. Arthur Putney, 52, was jailed after parole …
Article • January 15, 1999 • from PLN January, 1999
BOP Visitors Subjected to Ion Scan by M L A memo has been posted alerting the population at USP-Lompoc [federal prison in Calif.] that a pilot program has been implemented whereby visitors will be scanned with a nuclear ion machine that detects "drug use". There are graduated penalties for those …
Article • January 15, 1999 • from PLN January, 1999
PLRA Immediate Termination Provisions Unconstitutional by Afederal district court in. New Jersey has declared unconstitutional the provisions of the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626(b)(2)(3), permitting the immediate termination of consent decrees. In 1983, Robert Lee Denike and Kenneth Vespa, New Jersey state prisoners, sued prison officials …
PLRA Allows Fees on Fees in Failure to Protect Suit by The court of appeals for the Third circuit held that the Prison Litigation Reform Act (PLRA) allows lawyers to collect attorney fees in litigating attorney fee awards. The practice is sometimes referred to as "fees on fees." The court …
Article • January 15, 1999 • from PLN January, 1999
En Banc Review Granted in Taylor by In the December, 1998, issue of PLN we reported Taylor v. United States , 143 F.3d 1178 (9th Cir. 1998). In that case, a panel of the Ninth circuit court of appeals unanimously held that 18 U.S.C. § 3626(b)(2) is unconstitutional. This provision …
Article • January 15, 1999 • from PLN January, 1999
PLN Sues Oregon DOC Over Bulk Mail Ban by On October 29, 1998, Prison Legal News ( PLN ) sued the Oregon Department of Corrections (DOC) in federal district court for damages and declaratory and injunctive relief. Since at least 1991 the Oregon DOC has had a policy requiring that …
Article • January 15, 1999 • from PLN January, 1999
Tennessee Prisoners Fight to Keep Money by Eight Tennessee prisoners have filed suit to challenge the constitutionality of a state law that allows the Department of Corrections to seize up to 90 percent of a prisoner's trust account to pay for the cost of their own imprisonment. The new law …
Article • January 15, 1999 • from PLN January, 1999
Georgia Prison Officials Take Taxpayers for a Long Ride by Georgia prison officials used $23,602 from state prison industries profits to attend a conference on prisons in Israel tied to the country's 50th anniversary celebration. DOC chief Wayne Garner defended the trip, saying he has been a" good steward of …
Article • January 15, 1999 • from PLN January, 1999
Arizona Jail Slave Labor Used to Stuff Ballot Envelopes by Prisoners at the Maricopa County Jail (home of "America's Meanest Sheriff") were used to stuff 400,000 envelopes with ballots for early voting in the 1998 elections. Maricopa County Elections Director Karen Osborne said that jail inmates received community service credit …
Article • January 15, 1999 • from PLN January, 1999
Open Society Institute Funds College Classes in Maryland Prisons by When the Clinton Crime Bill gutted federal Pell Grants for prisoners, some states' prison education programs were hit harder than others. Many states funded post-secondary education entirely with state money. Maryland prisoners, though, were the hardest hit. Virtually all of …
Article • January 15, 1999 • from PLN January, 1999
Filed under: News, News in Brief
News in Brief by AL : In September, 1998, Madison county (Huntsville) prisoners Rodney Baker, Antonio Davidson, Steven Dillard and Nara Lemons, were charged with murder for allegedly beating prisoner Robert Sevigny to death. AL : Mario Centobe (32) is the Mississippi prisoner who escaped from a prison van when …
Article • January 15, 1999 • from PLN January, 1999
From the Editor by Dan Pens Greetings and welcome to a new year of PLN . Our longevity is a proud accomplishment and one that would not be possible without the continuing support of you our readers. I thank each of you who responded to PLN 's recent fundraiser mailing. …
Brief • January 15, 1999
Padilla v. Ryan, CA, Settlement Agreement, Deaf Prisoners, 1999 AmandaK. Wilson, CSB #148401 2 3 Michelle L. Cheng. CSB #194072 PUBLIC INTEREST LAW FIRM III W. St John Street, Suite 315 San Jose, California 95113 Telephone: (408) 293-4790 4 .5 6 7 8 10 11 12 13 14 Linda D. …
Brief • January 15, 1999
Filed under: Education
Miller v. Evans, WA, First Amended Complaint, Educational Materials Denial, 1999 .. ~. ... -.--:--- ... _"""'" , . The Honorable Alan A. Mc Donald I United States I:?~tIjet 1tid$.e 3 1 UNITED STATES DISTRICT COUKF:-;": ~~ ~>··:F:~: EASTERL~ £)(STRlCT OF WASHINGTON . . - :-,. I - . ,Case …
Brief • January 13, 1999
Filed under: Discrimination
Cooke v. Travis County, TX, Complaint, Racial Discrimination, 1999 . SIX Atty Gen '0' ~ 006/006 . 99 00 445 ((':SO (D)~. CAUSE NO.___ ~ ~ fJ if § § § § ARTHUR COOKE, ERNEST CORTEZ, LARRY JOHNSON and OeaUINNA MOORE Plaintiffs, IN THE DISTRICT COURT OF § § § …
Brief • December 17, 1998
Smith v. Robbins, SCOTUS, Cert Petition, 1998 9feM4 Com, Ut FILED 281087 DEC 171998 No. FICE OF ThE CLERK IN THE SUPREME COURT OF TilE UNITED STATES OCr0BER TERM, 1998 _______________________ GEORGE SMITH, Warden, Petitioner, V. LEE ROBBINS, Respondent. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT …
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