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U.S. Supreme Court Rules That ADA Applies to Prisoners by Paul Wright By Paul Wright On June 15, 1998, a unanimous United States supreme court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, applies to prisoners. In doing so the court resolved a split between the …
Article • September 15, 1998 • from PLN September, 1998
Zero Tolerance Drug Policy in New Jersey by New Jersey Corrections authorities began a "zero tolerance" policy in May, 1998. Under the new policy, prison staff are cracking down on prisoners who use drugs or alcohol by taking contact visits as punishment according to an article published by the Associated …
Article • September 15, 1998 • from PLN September, 1998
From the Editor by Paul Wright PLN 's book, The Celling of America , (TCOA) continues to do well. The first print run of 3,000 copies was sold out by June, less than three months after its official release date of March 1, 1998. All publications that have reviewed TCOA …
Brief • September 9, 1998
Ashford v. District of Columbia, DC, Court Order Denying Motion for Counsel and Summary Affirmance, 1998 ~nite.o ~tates ([ourt of J\pp£als FOR THE DISTRICT OF COLUMBIA CIRCUIT v. District of Columbia, a municipal corporation, et aI., Appellees BEFORE: ~U.319B· Wald, Snberman, and Henderson·, Circuit Judges ORDER Upon consideration of the …
Brief • September 1, 1998
Lee v. Singletary, FL, Appeal Brief, Prisoner Transport Black Box Handcuffs, 1998 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT CASE NO. 97-3428 WILLIAM L. LEE, et al., Plaintiffs - Appellants, vs. HARRY K. SINGLETARY, et al., ) ) ) ) ) ) ) ) Defendants - …
Oregon Guard Pleads Guilty to Perjury by Aformer Oregon prison corporal pleaded guilty to one count of perjury on April 17, 1998, after prosecutors offered to downgrade the felony perjury charge to a misdemeanor. The guard, Cpl. Ronald Robertson, 32, was sentenced to two days in jail and 36 months …
Article • August 15, 1998 • from PLN August, 1998
Mock Prison Riot Staged by On April 25 and 26, 1998, there was a weekend-long riot at the old West Virginia State Penitentiary. This wasn't your typical prison riot, though. First of all, it was anything but spontaneous. Rather, the two-day event was meticulously planned, and carried out by prison …
Article • August 15, 1998 • from PLN August, 1998
Notes from the Unrepenitentiary by Laura Whitehorn On June 1, Rosalind Simpson Moore-Bey died at home in Washington, D.C. To anyone who has passed through the D.C. Jail or CTF (Central Treatment Facility), Roz's name is not only familiar it is well-known. Her name is known, as well, to many …
Article • August 15, 1998 • from PLN August, 1998
NJ Prisoners Refuse to Swallow PINs by Approximately two years ago, the entire NJ prison system switched to an "automated call" phone system. Despite a predicted hike in costs to family and friends of prisoners, very few prisoners objected in a short-lasting boycott. On September 15, 1997, the prison population …
Article • August 15, 1998 • from PLN August, 1998
Plaintiffs Must Be Allowed to Present Evidence in PLRA Motions to Terminate Prospective Relief by The court of appeals for the Eighth circuit held that court injunctions limiting jail or prison populations must be dissolved unless findings to justify such relief are entered by a three judge district court. Once …
Los Angeles Jail Death Ruled Homicide by Los Angeles County coroner's investigators revealed in early April that a jail detainee who died in November during a "physical altercation" with seven sheriff's deputies at the L.A. Twin Towers jail was a victim of homicide. The incident occurred on Wednesday, November 26, …
Article • August 15, 1998 • from PLN August, 1998
Filed under: Habeas Corpus, Mail, Legal Mail
Mailbox Rule Applied to Habeas Petitions by The court of appeals for the Third circuit extended the mailbox rule to habeas corpus petitions, holding that habeas petitions are considered filed when given to prison officials for mailing. Donald Burns, a New Jersey state prisoner, gave his federal habeas petitions to …
Article • August 15, 1998 • from PLN August, 1998
MCI Refund to Florida Prisoner Families by Friends and family of Florida prisoners may be entitled to $190,000 worth of free telephone calls under a recommendation issued by the Florida Public Service Commission (PSC). Between February and July 1996, as previously reported in several PLN articles, telephone giant MCI overcharged …
Article • August 15, 1998 • from PLN August, 1998
PLRA Fees Don't Apply to Mandamus by The court of appeals for the tenth circuit held "that this circuit will no longer require mandatory fees under the PLRA for filing petitions for writs of mandamus seeking to compel district courts to hear and decide actions brought solely under 28 U.S.C. …
Article • August 15, 1998 • from PLN August, 1998
PLRA Filing fees Don't Apply to Civil Commitments by PLRA Filing Fees Don't Apply to Civil Commitments: A federal district court in Wisconsin held that the filing fee provisions of the PLRA do not apply to so called "sex predators" civilly committed in detention facilities for "treatment." 28 U.S.C. § …
Article • August 15, 1998 • from PLN August, 1998
PLRA Finding Required for Injunctive Relief by The court of appeals for the Ninth circuit held that district courts must make specific findings under the Prison Litigation Reform Act (PLRA) before granting prospective relief regarding prison conditions and this requirement applied retroactively to cases pending at the time of the …
Jailers Charged in Bribery, Kickback Schemes by Asenior administrator in the Los Angeles County Sheriff's Department and an independent contractor face felony bribery charges involving padded contracts for millions of dollars in jail food. And, in Texas, a McLennan County grand jury indicted a county sheriff's Sgt. on misdemeanor charges …
Article • August 15, 1998 • from PLN August, 1998
Jericho '98 March and Rally by Between 5,000 and 7,000 people gathered in Washington, D.C. on March 27, 1998 to protest the Big Lie: The U.S. has no political prisoners. And like Joshua at the legendary battle of Jericho, the marchers circled the citadel of their foes -- the White …
Article • August 15, 1998 • from PLN August, 1998
Idaho Law Libraries Closed, Pillaged by M.M. Following the lead of Arizona [See: "Experiment in Access" Oct '97 PLN ], the Idaho DOC, on January 19, 1998, revised their method of providing court access to Idaho prisoners. Under the revised policy, the law libraries in Idaho prisons will permanently close. …
Article • August 15, 1998 • from PLN August, 1998
Filed under: PLRA, Filing Fees (PLRA)
Dismissal for Lying About Poverty Affirmed by Dismissal for Lying About Poverty Affirmed: The court of appeals for the seventh circuit held that 28 U.S.C. § 1915(c) requires courts to dismiss cases if applicants for In Forma Pauperis (IFP) status lie about their poverty. Courts have the discretion to make …
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