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Brief • July 23, 1999
Filed under: Failure to Treat
Wagner v. WA DOC, WA, Protective Order, Medical Neglect, 1999 • 1 . AP;,.;... ~; t"J ..;.. .~ BEFORE THE PERSONNEL APPEALS BOARD FOR THE STATE OF WASHINGTON 2 .' ... 3 GLORIA WAGNER, NO. RED-99-0057 4 Appellant, 5 PROTECTIVE ORDER v. 6 DEPARTMENT OF CORRECTIONS, 7 Respondent. 8 9 …
Brief • July 23, 1999
Harris v. District of Columbia, DC, Release, Youth Center Attack, 1999 '...........,' RELEASE 23 JUL 1999 KNOW AL MEN BY THESE PRESENTS, That I, Roy P. Harris, SS# _ residing at Central Treatment Facility, in the City of _ Washington DC for consideration of the sum of Ten Thousand Dollars …
Article • July 15, 1999 • from PLN July, 1999
Retaliation Suit States Claim by Afederal district court in Illinois held that a jail prisoner had stated a claim upon which relief could be granted in his lawsuit alleging retaliation. David Lewis was a prisoner in the Cook county (Chicago) jail in Illinois where he worked as a law library …
Article • July 15, 1999 • from PLN July, 1999
376 Days in New York Seg "Atypical and Significant" Hardship by 376 Days in New York Seg "Atypical and Significant" Hardship Afederal district court in New York held that a state prisoner's 376-day confinement in segregation was an atypical and significant hardship pursuant to Sandin v. Conner, 515 U.S. 472 …
Article • July 15, 1999 • from PLN July, 1999
FRAP 24 Good Faith Standard Not High by The court of appeals for the Seventh Circuit held that district courts should not apply inappropriately high standards when making "good faith" determinations on in forma pauperis (IFP) motions under Rule 24 of the Federal Rules of Appellate Procedure (FRAP). The court …
Florida Guards Acquitted in Brutality Case by Alex Friedmann Florida prisoner John Edwards, 28, an HIV+ double-murderer serving a life sentence, was transferred to the Charlotte Corr. Institution (CCI) on Aug. 18, 1997 after biting a Zephyrhills prison guard on the cheek. According to federal prosecutors, once Edwards arrived at …
Article • July 15, 1999 • from PLN July, 1999
Filed under: Reviews, Mental Health
The Mentally Disordered Inmate and the Law, by Fred Cohen (Book Review) by Paul Wright Civic Research Institute, 578 pp. Reviewed by Paul Wright With the steady criminalization of mental illness over the past thirty years, prisons and jails now hold hundreds of thousands of mentally ill prisoners. Conservative estimates …
Article • July 15, 1999 • from PLN July, 1999
Human Feces in California Prison's Water by Willie Wisely Human Feces In California Prison's Water by W. Wisely For years, guards and staff at California's Tehachapi prison have kept a secret. A secret now exposed in a lawsuit pending trial in a Fresno County federal court. A secret discovered by …
Article • July 15, 1999 • from PLN July, 1999
Iowa to Close Prison Law Libraries by In February, 1999, Iowa Department of Corrections director W.L. "Kip" Kautzky announced that within the next two years all prison law libraries in Iowa would be phased out. Kautzy claimed that the state of Iowa currently spends $500,000 a year to maintain its …
Article • July 15, 1999 • from PLN July, 1999
Ohio Prisons Cited by EPA by Dan Cahill In Ohio, the task of keeping water safe and pure is delegated to the Ohio Environmental Protection Agency (OEPA). The task of keeping prisoners locked up belongs to Ohio's Department of Rehabilitation and Corrections (DORC). Under Ohio Revised Code (R.C.) §2921.44, the …
Article • July 15, 1999 • from PLN July, 1999
Missouri Ends Ad Seg Ban on Publications by On October 22, 1998, the Potosi Correctional Center (PCC) in Missouri ended its ban on publications sent to prisoners in administrative segregation (ad seg). PCC houses a control unit where prisoners are kept in ad seg for lengthy periods of time. The …
Detainee Beaten to Death at Nassau County Jail by Alex Friedmann When Thomas Pizzuto entered the Nassau Co. jail in East Meadow, New York to serve 90 days for traffic violations, he didn't know the jail term would become a death sentence. Pizzuto, 38, a recovering heroin user who was …
Article • July 15, 1999 • from PLN July, 1999
Federal Habeas Not Subject to PLRA by The court of appeals for the Fifth circuit held that 28 U.S.C. § 2241 habeas petitions are not subject to the filing fee provisions of the Prison Litigation Reform Act (PLRA). Samuel Davis, a federal prisoner, filed a writ of mandamus to compel …
Adequate Opportunity for Discovery Required by The court of appeals for the Second Circuit held that when a pro se prisoner brings a colorable claim against supervisory prison officials, and those officials respond with a dispositive motion based on the prisoner's failure to identify the real culprits, dismissal should not …
Article • July 15, 1999 • from PLN July, 1999
Washington Restitution Order Expired Ten Years After Release by The Washington state court of appeals granted a prisoner's personal restraint petition, holding that under RCW 9.94A.142(1994) his restitution obligation expired 10 years after his release from confinement for the crimes which gave rise to the restitution order. In 1986, Brandt …
Article • July 15, 1999 • from PLN July, 1999
Texas Courts Must Hold Hearing Before Dismissing Suit for Having No Arguable Basis in Fact by A Texas state appellate court held that prison guards may not be sued as individuals under the Texas Tort Claims Act, Texas Civil Practice and Remedies Code §§ 101.001101.109, and district courts may not …
IDEA Confers Right to Education Even in SHU by IDEA Confers Right to Education Even In SHU The First Circuit court of appeals has held that a prisoner receiving educational services under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415(e)(4)(B), is entitled to a free and public …
Article • July 15, 1999 • from PLN July, 1999
No Suspicion Required for California Parolee Searches by The California supreme court held that no suspicion of any wrongdoing is required for the warrantless searches of the homes and property where California parolees reside. Rudolfo Reyes was a California parolee. As a condition of his parole Reyes had signed a …
Qualified Immunity in Transsexual Treatment Case by In the December, 1998, issue of PLN we reported Farmer v. Hawk, 991 F. Supp. 19 (D DC 1998). Dee Farmer, a federal pre operational male to female transsexual, challenged the Bureau of Prisons (BOP) policy of not providing adequate treatment to transsexual …
$130,000 in Damages and Fees Awarded in New York Retaliation Suit by In the October, 1996, issue of PLN we reported Alnutt v. Cleary, 913 F. Supp. 160 (WD MY 1996). The case involves New York state prisoner Jeffrey Alnutt who filed suit in 1990 after various guards at the …
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