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Legislative Immunity For Local Jail Budget Votes by The Eleventh Circuit has held that county commissioners are entitled to absolute legislative immunity for failing to adequately fund a jail, thereby causing inadequate jail conditions Current and former Alabama jail prisoner plaintiffs sued alleging overcrowding, inadequate medical care and medical facilities, …
Article • September 15, 1998 • from PLN September, 1998
Illinois Suing Prisoners for Cost of Incarceration by Illinois prisoner Kenneth Williams has spent much of the last 12 years working in the Stateville Correctional Center tailor shop sewing prison pants, coats, jumpsuits and shirts. As a result of the job, Williams has saved about $5,000. Money he says he'll …
Dismissal for Incompetent Appointed Lawyer Reversed by The court of appeals for the seventh circuit held that district courts should not dismiss cases for want of prosecution where court appointed counsel is plainly incompetent. Lawrence Dunphy, an Illinois state prisoner filed suit claiming prison officials violated his eighth amendment rights …
Article • September 15, 1998 • from PLN September, 1998
Fee Payment Orders Not Immediately Appealable by Fee Payment Orders Not Immediately Appealable: The court of appeals for the Fifth Circuit held that district court orders requiring partial payment of filing fees under the PLRA cannot be appealed prior to the entry of final judgment. Kirk Thompson, a Texas state …
Article • September 15, 1998 • from PLN September, 1998
Filed under: News, News in Brief
News in Brief by AZ : In July, 1998, a jury acquitted Bruce Howell, a Perryville prisoner, of murder and all charges but one related to the killing of prison guard Brent Lumley. Howell faces a second trial on a single charge of deadly assault by a prisoner. AZ : …
Article • September 15, 1998 • from PLN September, 1998
Sixth Circuit Requires Administrative Exhaustion by The court of appeals for the sixth circuit ruled that all prisoners filing § 1983 actions involving prison or jail conditions must allege, and prove, they have exhausted administrative remedies and a failure to do so will result in the dismissal, without prejudice, of …
Article • September 15, 1998 • from PLN September, 1998
Pro Se Tips and Tactics by John Midgley Pro Se Tips And Tactics by John Midgley Arecent Supreme Court decision, Crawford-EI v. Britton , 118 S.Ct. 1584 (1998), highlights some issues of importance for prisoners doing pro se cases. Crawford-El , which was summarized in detail in the July 1998 …
Article • September 15, 1998 • from PLN September, 1998
Publications Lawsuit Settled in Alabama by Cayce Moore On February 28, 1998, U.S. district judge U.W. Clemon approved the final settlement in a lawsuit challenging a year of blanket censorship at Donaldson Correctional Facility (DCF), Alabama's highest security prison. In March, 1997, DCF warden Steve Dees implemented a policy that …
Strip Searched Massachusetts Women Settle Suit for $80,000 by On December 12, 1997, the Massachusetts DOC settled a lawsuit filed by women prisoners for a total of $80,000 plus attorney fees. The class action suit was filed in Suffolk county superior court on behalf of 112 female prisoners by Massachusetts …
Struggling Against the Death Machine by Dan Pens Imagine your entire life concentrated within one tiny cage. Twenty-four hours, by seven days, times three-hundred sixty-five. The state of Pennsylvania owns the cage. Everything you own, everything you do, is squeezed into that suffocating space. There is nothing else. The State …
Tennessee Prison Privatization Bill Fails to Pass by Alex Friedmann Adramatic confrontation between the private corrections industry and opponents of prison privatization played out in Tennessee earlier this year, ending in an embarrassing defeat for the prison profiteers. Similar struggles can be expected in other states as privatization continues to …
Bivens Action is Not Time Barred When in Compliance With Rule 3 by Afederal court of appeals reversed a district court's dismissal of a wrongful death complaint filed by the mother of a federal prisoner, Shelia Moore. Moore was put in an administrative segregation cell on suspicion of taking an …
Article • September 15, 1998 • from PLN September, 1998
Court Refunds PLRA Deferred Fee Overpayment by A federal court in Illinois has held that neither prison officials nor the courts have the statutory authority to take more than 20% of a prisoner's monthly income to satisfy deferred filing fees under the PLRA. James Higgason, an Illinois prisoner, filed suit …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Reviews, Court Access
Criminal Law by Paul Wright Criminal Law is an 809 page book designed for criminal justice personnel, judges, prosecutors, police, etc. The book is extremely useful for anyone seeking a basic understanding of substantive criminal law. It does not deal with criminal procedure. With extensive state and federal case citations …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Organizing
Critical Resistance Conference by Critical Resistance: Beyond the Prison-Industrial Complex is a national conference and strategy session that will occur at the University of California in Berkeley, September 25-27. There is still time for outside activists to register to attend the conference. If you are among the 1.8 million who …
Article • September 15, 1998 • from PLN September, 1998
Allan Ellis' Federal Prison Guidebook by Paul Wright Allan Ellis' Federal Prison Guidebook is a 312 page book that gives a detailed rundown of federal Bureau of Prisons (BOP) facilities. Alan Ellis is a California attorney who specializes in the pre-sentence and post conviction representation of federal prisoners. He is …
An End to Silence by Paul Wright An End to Silence: Women Prisoners' Handbook on Identifying and Addressing Sexual Misconduct is a 67 page booklet published by the National Women's Law Center. The booklet is designed for women prisoners, their advocates, prison officials and attorneys. It contains chapters on recognizing …
Article • September 15, 1998 • from PLN September, 1998
Cigarette Health Hazards by Paul Wright Cigarette Health Hazards: The January 14, 1998, Volume 279, No. 2, issue of the Journal of the American Medical Association (JAMA) contains an article on the risks of cigarette smoke in increasing the risk of heart disease. Title "Cigarette Smoking and Progression of Athero …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Reviews, Court Access
Connecticut Prisoner Rights by Paul Wright Connecticut Prisoner Rights is a brand new 232 page book produced by the Connecticut Civil Liberties Union and the Jerome Frank Legal Services Organization of Yale Law School. A group effort by Peter Stern and numerous other law students and attorneys, the end result …
California Guard Gets Prison in Child Molester Attacks by Willie Wisely by W. Wisely Jose Ramon Garcia, 42, was sentenced to four years and eight months in prison for soliciting Pelican Bay prisoners to assault alleged child molesters. The former prison guard's April sentencing in Del Norte County Superior Court …
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