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Brief • December 17, 1998
Filed under: Medical
Hernandez v. US, FL, Settlement, Medical Care, 1998
Article • December 15, 1998 • from PLN December, 1998
Movant Bears Summary Judgment Burden by The court of appeals for the Second Circuit held that the party moving for summary judgment bears the burden of showing it is entitled to judgment and a district court erred in dismissing a prisoner's court access claims. The court also held that the …
No Interlocutory Appeal of Disputed Facts by The Court of Appeals for the Ninth Circuit held that prison officials may not appeal a district court's denial of their motion for summary judgment based on qualified immunity when the denial is due to disputed issues of material fact. Larry Thomas, a …
No Liberty Interest in Ohio Visiting Rules by Afederal district court in Ohio held that Ohio state visiting rules do not create a liberty interest in visitation. Melissa Blair is a former Ohio prison guard married to Ohio prisoner Lemont Blair. The Blairs' visiting privileges were suspended after prison officials …
Article • December 15, 1998 • from PLN December, 1998
No Right For Media to Witness Execution by In the November, 1997, issue of PLN we reported California First Amendment Coalition v. Calderon , 956 F. Supp. 883 (ND CA 1997), where a district court in California issued an injunction requiring that California execution witnesses be given an opportunity to …
New Mexico CCA Disturbance Not Reported for Hours by The warden of a private prison in New Mexico said that prison staff may have delayed notifying state police about a disturbance that sent five guards to a hospital August 7, 1998. "It may be my fault we didn't respond quickly …
Physical Injury Requirement Inapplicable to First Amendment Claims by The court of appeals for the Ninth circuit held that the "three strikes" provision of the Prison Litigation Reform Act (PLRA) does not apply to cases pending at the time of the law's enactment and that the PLRA's physical injury requirement …
Medical Cost-Cutting by Private Care Provider Opens Liability by Afederal district court in New York held that a jail prisoner had stated a claim for violation of his Eighth Amendment rights when he was denied medical care as a part of the county's effort to cut medical costs by contracting …
Article • December 15, 1998 • from PLN December, 1998
Legal Services Corporation Restrictions Affirmed by Paul Wright By Paul Wright In the October, 1997, issue of PLN we reported Legal Aid Society of Hawaii v. Legal Services Corporation, 981 F. Supp. 1288 (D HI 1997), which held that some congressional restrictions on groups that accept Legal Services Corporation (LSC) …
Article • December 15, 1998 • from PLN December, 1998
PLRA Attorney Fee Provision Not Retroactive to Pre-PLRA Services by The Court of Appeals for the Sixth Circuit ruled in favor of attorneys for Michigan women prisoners, holding; (1) that attorney fee provision of the Prison Litigation Reform Act (PLRA) does not apply retroactively, (2) that prisoners were prevailing party …
Article • December 15, 1998 • from PLN December, 1998
Filed under: Organizing
Critical Resistance: A Step Forward by Micah Holmquist Critical Resistance: A Step Forward in the Struggle Against Prisons by Micah Holmquist In the mid 1960s the Berkeley campus of the University of California was home to Free Speech Movement which set the stage for many of the social movements that …
Guard Awarded $300,000 for ETS Exposure in ADA Suit by Afederal district court in New York held that an asthmatic prison guard was "disabled" under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., but compensation under 42 U.S.C. § 1981a(b)(3) could not exceed $300,000. The court …
Article • December 15, 1998 • from PLN December, 1998
Ex-Prisoner Sues Over Phony Jail Dentist by When Timothy Stanley, 32, was in the Marion County (FL) Jail in January, 1997, facing drug charges, he needed some dental work done. According to the jail's medical log, Sheriff Ken Ergle's "dentist", Illya Fitzgerald Hathorn, pulled one of Stanley's teeth. Now Stanley …
Discipline for Possessing Legal Papers Vacated by AColorado state appeals court held that no evidence supported an infraction against a prisoner found guilty of bartering and possessing another prisoner's legal papers. John Tebbetts, a Colorado state prisoner, was infracted and found guilty of "bartering'' after prison officials found letters from …
Article • December 15, 1998 • from PLN December, 1998
Denial of Social Security Benefits to Prisoners Upheld by The court of appeals for the Ninth circuit held that a statute denying Social Security benefits to prisoners is constitutional. Robert Butler is a 77 year old Nevada state prisoner. Butler was granted social security retirement benefits in 1983. He was …
Article • December 15, 1998 • from PLN December, 1998
Deportation Moots Federal Habeas Appeal by The Court of Appeals for the Seventh Circuit has ruled that deportation, during the appeal from the denial of a petition for a writ of habeas corpus by a state prisoner, moots the appeal. Fabio Diaz, a citizen of the Dominican Republic, was an …
Article • December 15, 1998 • from PLN December, 1998
Filed under: News, News in Brief
News in Brief by AZ : On July 30, 1998, Tempe Jailer Chris Perry was suspended for 16 hours after an internal investigation found he had punched prisoner Jon M. Harding on the head three times after Harding bit him. Perry was cleared of excessive force charges arising from two …
Article • December 15, 1998 • from PLN December, 1998
From the Editor by Paul Wright By now PLN subscribers should have received a fund raiser letter from PLN . We are requesting donations from our readers in order to upgrade PLN 's aging computer equipment. Two PLN supporters have recently donated up to date software, including a state of …
Article • December 15, 1998 • from PLN December, 1998
Filed under: Civil Procedure, Complaints
Pro Se Tips and Tactics - Motions to Dismiss by John Midgley 1. Rule 12(b)(6) Motions To Dismiss For Failure To State A Claim In some prison cases filed pro se by prisoners, the defendants will file a "motion to dismiss for failure to state a claim." In cases filed …
Article • December 15, 1998 • from PLN December, 1998
PLRA Termination Provision Unconstitutional in Ninth Circuit by The court of appeals for the Ninth circuit held that the section of the Prison Litigation Reform Act (PLRA), which requires immediate termination of previously granted prospective relief in litigation challenging prison conditions, violates separation of powers principles. This decision is unique …
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