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Qualified Immunity Granted for Pre-1996 ADA Violation by The court of appeals for the Sixth Circuit held that it was not clearly established before 1996 that the Americans with Disabilities Act, (ADA), and Rehabilitation Act of 1973, (Rehabilitation Act), apply to state prisoners. As such, the court concluded that prison …
$4.1 Million Award In Suit Over Sexual Assault of Prisoners by Official by $4.1 Million Award In Suit Over Sexual Assault of Prisoners By Official by Matthew T. Clarke A federal district court in Texas has awarded two female prisoners who were the victims of sexual assault by a prison …
ADA Applies to Parole Claims by The court of appeals for the Ninth circuit held that the Americans with Disabilities Act (ADA) applies to claims that prisoners are denied parole primarily due to past histories of substance abuse. The court held that habeas corpus is not the sole remedy for …
Article • April 15, 2000 • from PLN April, 2000
$105,000 Awarded in Michigan Wrongful Imprisonment Suit by On April 14, 1999, a Wayne county jury in Michigan awarded Willie Thomas Jr., Larry Reid and Edward Grant $35,000 in damages each. The three men had been Michigan state prisoners who were released after serving their entire sentences. Several months later, …
Article • March 15, 2000 • from PLN March, 2000
No Liberty Interest in Erroneous Parole Release by Paul Wright The Court of Appeals for the Fourth Circuit, sitting en banc, held that a North Carolina prisoner had no liberty interest in remaining free when he was erroneously paroled, lived a law abiding life, and was then reimprisoned two years …
Article • March 15, 2000 • from PLN March, 2000
Gender and Justice: Women, Drugs, and Sentencing Policy by A new study reveals a dramatic surge nationwide of women incarcerated for drug offenses - an 888% increase between 1986-96, in comparison to a rise of 129% for all non-drug offenses. The study by The Sentencing Project documents that while the …
Article • February 15, 2000 • from PLN February, 2000
"Three Strikes" Provision of PLRA Unconstitutional by A federal district court in Arkansas held that a prisoner had standing to challenge the "three strikes" provision of the Prison Litigation Reform Act (PLRA) on equal protection grounds, and that "strict scrutiny" analysis applied. As a result, the provision was declared unconstitutional. …
Habeas Challenging Transfer to Private Prison Dismissed by The court of appeals for the Seventh circuit held that habeas corpus was not the proper means to challenge a state statute allowing states to confine their prisoners in private prisons in other states. The court also held that a lawsuit challenging …
Article • February 15, 2000 • from PLN February, 2000
Filing Fee Refunded in Habeas Case by A federal district court in Massachusetts held that a habeas petitioner had incorrectly been required to pay the appellate filing fee. Because the Prison Litigation Reform Act's (PLRA) filing fee requirements do not apply to habeas petitions the court ordered the filing fee …
Article • February 15, 2000 • from PLN February, 2000
Tenth Circuit Clarifies Three Strikes by The court of appeals for the Tenth circuit held that under 28 U.S.C. 1915(g), which prohibits IFP status for prisoner litigants that have had three or more suits dismissed as frivolous, malicious or for failing to state a claim upon which relief can be …
New York Parole Board Commissioner Convicted by Julia Lutsky Federal Inquiry Continues by Julia Lutsky In April of 1996 John Kim walked out of prison on parole; he had been sentenced four years earlier to four to twelve years for armed robbery. His father, Nam Soo Kim, pastor of one …
Oregon DOC Liable for Attacks by Parolees by The Oregon Court of Appeals upheld a trial court judgment against the Department of Corrections (DOC), concluding that violent crimes committed by a parolee were a reasonably foreseeable consequence of inadequate parole supervision. In 1984, Cal Brown was convicted of assaulting an …
BOP Can't Keep Prisoner Who Refuses to Pay Fine Indefinitely by A federal district court judge in Virginia held that a prisoner's refusal to sign an agreement to pay a court ordered fine does not allow the Bureau of Prisons (BOP) to keep him imprisoned indefinitely. This ruling amply illustrates …
Washington Municipalities Liable for Attacks by Probationers by The Washington state Supreme Court held that municipalities have a duty to protect others from reasonably foreseeable harm resulting from the dangerous propensities of probationers and pretrial releasees under their supervision. In 1990 Barry Krantz raped a 6 year old little girl …
Article • December 15, 1999 • from PLN December, 1999
Notes from the Unrepenitentiary by Linda Evans They call themselves POWs because Puerto Rico has been fighting a war for independence since 1898, when the U.S. first invaded the island. Puerto Rico is one of the few colonies left in the world. The U.S. military and transnational corporations want to …
CSC Cancels Florida Juvenile Facility Contract by Correctional Services Corp. (CSC) announced Aug. 23, 1999 that it was withdrawing from an $8.7 million-a-year contract to operate the Pahokee Youth Development Center, a 350 bed Florida juvenile facility, 8 months before the contract is due to expire. The announcement came six …
1999 Washington State Legislative Roundup by The 1999 Washington legislature created or amended far too many statutes of interest to our readers to adequately summarize, but here are some highlights: Custodial Misconduct makes it a class C felony for an employee or contract personnel of a correctional agency [or] law …
Article • December 15, 1999 • from PLN December, 1999
Washington Good Time Ban Unconstitutional by In a ruling with far reaching implications, a Washington state court of appeals held that a "three strikes" ballot initiative that eliminated good time and early release credits for first time offenders convicted of first degree murder, first degree rape and assault and assault …
Article • December 15, 1999 • from PLN December, 1999
Satellite Tracks Parolees by Willie Wisely by W. Wisely Defense Department satellites designed to help guide nuclear missiles hang in geosynchronous orbit 12,500 miles above. The network of 24 military satellites hasn't been used much raining thermonuclear destruction on godless communists since the end of the Cold War. So, the …
BOP Violates Due Process in Ad-Seg, Transfer and Mail Suit by A federal district court in Illinois held that the Bureau of Prisons (BOP) violated a prisoner's right to due process when it placed him in administrative segregation (ad seg), transferred him to a different prison and denied him the …
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