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Cases of Interest From the U.S. Supreme Court's 1997-98 Term by Forfeitures: In a federal criminal case the supreme court held that the Excessive Fines clause of the Eighth amendment prohibits "grossly disproportionate" forfeitures of funds. The court held that forfeitures are "fines'' if they are punishment for a crime. …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Reviews, Court Access
Briefs of Leading Cases in Corrections by Paul Wright Briefs of Leading Cases in Corrections is a 268 page book by Rolando Del Carmen, Susan Ritter and Betsy Witt, which gives a summary and synopsis of 113 United States supreme court cases dealing with prisons, jails, probation, parole, the death …
CA ADA/RA Injunction Affirmed by In the September, 1997, issue of PLN we reported Armstrong v. Wilson , 942 F. Supp. 1252 (ND CA 1996) where a federal district court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § …
Article • September 15, 1998 • from PLN September, 1998
CA Death Row Decree Ended by CA Death Row Decree Ended: A federal district court in California upheld the constitutionality of 18 U.S.C. § 3626 and terminated a consent decree that governed numerous conditions of confinement for death row prisoners at San Quentin. Shortly after the PLRA's enactment in 1996 …
ADA and RA Suits Not Barred by 11th Amendment by The court of appeals for the ninth circuit held that the eleventh amendment does not bar suits under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131, or the Rehabilitation Act (RA), 29 U.S.C. § 794. Developmentally disabled prisoners …
ADA Applied to AR Jail by In the first ruling out of the eighth circuit on this issue, a federal district court in Arkansas held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to state correctional facilities. …
ADA Applies to State Prisons by A federal district court for Pennsylvania held that the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101-12213, applies to state prisons. This is the second recently published opinion in this case. The first, Saunders v. Horn , 959 F.Supp. 689 (ED …
ADA/RA Apply to FL Prison Gain Time Issues; Suit Settled by ADA/RA Apply To FL Prison Gain Time Issues; Suit Settled A federal district court in Florida held that the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C § 12101 et seq., and Rehabilitation Act of 1973 (RA), 29 …
Administrative Exhaustion by Administrative Exhaustion: A federal district court in California held that prisoners filing suit under 42 U.S.C. § 1983 must first exhaust administrative remedies under 42 U.S.C. § 1997e(a). A California prisoner sued for money damages and declaratory relief after he was removed from a prisoner advisory council. …
Administrative Exhaustion Still Required by Administrative Exhaustion Still Required: A federal district court in New York dismissed a prisoner's suit due to the plaintiff's failure to exhaust administrative remedies under § 1997e(a). Anthony Soto, a New York state prisoner, filed suit claiming prison officials failed to protect him from attack …
Article • September 15, 1998 • from PLN September, 1998
AEDPA Successive Petitions Clause Not Applicable to Disiplinary Hearings by AEDPA Successive Petitions Clause Not Applicable to Disciplinary Hearings The court of appeals for the fifth circuit held that habeas corpus petitions challenging prison disciplinary hearings that became final after prior habeas petitions challenging a criminal conviction have become final, …
Article • September 15, 1998 • from PLN September, 1998
$1,000 Awarded in Denial of Dental Care in TX by On July 14, 1997, federal magistrate Judith Guthrie held that Texas prison dentists were deliberately indifferent in refusing to provide dental care to a prisoner. Following a bench trial magistrate Guthrie awarded the plaintiff $1,000 in damages. Garmon Coats, a …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Civil Procedure, Damages
$13,501 Jury Award in Seg Case Affirmed; New Trial Denied by A federal district court in Pennsylvania denied defendants' motion for a new trial or to remit a jury's damage award of $13,501 to a wrongfully segregated prisoner. Jerry Wilson, a federal prisoner awaiting sentencing at a city jail, was …
Article • September 15, 1998 • from PLN September, 1998
Washington Felon Voting Suit Proceeds by In the October, 1997, issue of PLN we reported Farrakhan v. Locke , a lawsuit challenging the felon disenfranchisement provisions of the Washington state constitution which prohibit convicted felons from voting. The defendants filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6), arguing the suit …
Two Year Limitations on Illinois § 1983 Suits by The court of appeals for the seventh circuit held that a district court erred in dismissing a prisoner's lawsuit because it had miscalculated the statute of limitations. The court also held that 28 U.S.C. § 1915(g), the "Three Strikes" provision of …
U.S. Supreme Court Reverses Reed by In the July, 1998, issue of PLN we reported Reed v. State Ex Rel Ortiz , 947 P.2d 86 (NM 1997) where the New Mexico state supreme court affirmed a lower court ruling that granted asylum to former prison activist Timothy "Little Rock" Reed. …
Article • September 15, 1998 • from PLN September, 1998
ADA Roundup by After the U.S. Supreme Court granted review in Yeskey v. Pennsylvania DOC to decide whether the Americans with Disabilities Act (ADA) applied to state prisoners we stopped running articles on the ADA until the supreme court resolved this important question. Below are cases that were decided before …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Reviews, Organizing
The Razor Wire by Paul Wright The Razor Wire is a 24 page bi-monthly tabloid published by the November Coalition. Its focus is on federal drug policy issues, specifically mandatory minimums and sentencing issues. A grassroots movement, the November Coalition encompasses prisoners, their families, as well as academics and other …
Article • September 15, 1998 • from PLN September, 1998
Three Strikes Doesn't Apply to Pending Cases by Three Strikes Doesn't Apply to Pending Cases: The court of appeals for the Tenth Circuit held that 28 U.S.C. § 1915(g), which prohibits In Forma Pauperis (IFP) status for prisoners that have had three prior suits dismissed as frivolous, does not apply …
Whitewash in Greene County by Mumia Abu-Jamal "There's an atmosphere created by (prison officials) in which this kind of thing has been going on for years. The attitude is, 'you're in Greene County now, boy.'" -- Randy Gauger, PA Prison Society, Eayette-Greene Chapter, ( PGH Post-Gazette , 4/26/98) Ahandcuffed man …
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