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Article • July 15, 1998 • from PLN July, 1998
PLN Sues Utah Department of Corrections Over Bulk Mail Ban by On April 23, 1998, PLN and PLN subscriber Walter Thomas filed suit against the Utah DOC in U.S. district court in Salt Lake City, Utah. The Utah DOC has a policy which prohibits prisoners from receiving materials sent via …
Article • July 15, 1998 • from PLN July, 1998
Filed under: Reviews, Organizing
DARK NIGHT Field Notes by Dan Pens DARK NIGHT field notes DARK NIGHT field notes is a most excellent quarterly magazine chronicling progressive struggle. Why I had never been exposed to this zine before, I don't know. Issue #11 (its focus on prison struggle) found its way to my desk, …
Article • July 15, 1998 • from PLN July, 1998
Filed under: Medical, Hepatitis
Hepatitis C Epidemic Threatens California Prisoners by Willie Wisely Hepatitis C, a potentially deadly strain of liver disease, is spreading out of control through the California prison system. Blood tests conducted on 4,764 incoming prisoners for a three month period in 1994 showed that 41 percent were infected with the …
High-Tech Vendors Penetrate Prison Market by by W. Wisely Ascanner that detects a heartbeat fifteen feet underground, a razor blade that crumbles when tampered with, clear plastic televisions and radios. Sound like some high-tech future? Guess again. These are just a few of the new technologies being used and considered …
Injury Required to Enforce Grand Jury Law by The court of appeals for the District of Columbia circuit held that while individuals can seek judicial enforcement of a law requiring that evidence be presented to a grand jury, the party seeking enforcement must allege injury in order to have standing. …
Gender Motivated Violence Act by In the December, 1994, issue of PLN we reported the enactment of the Gender Motivated Violence Act (GMVA), 42 U.S.C. § 13981 and suggested that prisoners and their attorneys consider using it in civil litigation for money damages. To date it does not appear that …
Article • July 15, 1998 • from PLN July, 1998
Former Arizona Governor Sentenced by O'Neil Stough In September, 1997, Republican Governor J. Fife Symington, III, was convicted in federal court of seven counts of fraud related to fabrications and misrepresentations he made on financial statements in securing loans. Following his conviction, he resigned as Governor. On February 2, 1998, …
Former Texas Prison Chief Indicted by The former head of the Texas prison system has been indicted on six counts of federal bribery, conspiracy, fraud and money-laundering charges stemming from his role in a shady multi-million dollar contract to purchase a soy-based meat substitute to feed Texas prisoners. [The VitaPro …
Eight California Prison Guards Indicted by Willie Wisely by W. Wisely It's going to be duck-hunting season," said one of the Corcoran prison guards who staged fights between prisoners in rival gangs just before Preston Tate was shot and killed according to Department of Corrections reports. Now eight Corcoran guards, …
Article • July 15, 1998 • from PLN July, 1998
FBI Law Enforcement Sting Nabs 53 in Ohio by FBI Law Enforcement Sting Nabs 53 In Ohio In February, 1998, a federal grand jury indicted 53 Cleveland area people as a result of an FBI sting operation where federal agents posed as drug kingpins and hired police, county jail guards, …
Article • July 15, 1998 • from PLN July, 1998
Filed under: News, News in Brief
News in Brief by AZ : On March 17, 1998, Michael Garvey, executive director of the Arizona Board of Executive Clemency was fired for sexually and racially harassing employees. Francine Williams, a former board employee, filed suit claiming Garvey had repeatedly and frequently made sexually offensive and suggestive remarks. Williams, …
Article • July 15, 1998 • from PLN July, 1998
PLRA Three Strikes Ruling Vacated by In the February, 1997, issue of PLN we reported Lyon v. Vandekrol , 940 F. Supp. 1433 (SD IA 1996) where a federal district court held that 28 U.S.C. § 1915(g), section 804 of the PLRA, violates the equal protection clause of the U.S. …
Presence of Prison Rape in Utah Denied by Julia Lutsky Early in 1996 Utah's Legislature mandated that state prison hospitals achieve national accreditation. Consequently, the National Commission on Correctional Health Care (NCCHC) was given a three-day review of Utah prison medical records and a tour of Utah prisons, including interviews …
Right to Psychiatric Care Clearly Established by The court of appeals for the sixth circuit held that prisoners' right to psychiatric care was clearly established and prison psychiatrists who failed to properly treat a suicidal prisoner were not entitled to qualified immunity from money damages. Anthony Wade was a mentally …
Seg Conditions Analyzed for Sandin Purposes by Building on prior recent decisions, the court of appeals for the second circuit held that district courts must analyze segregation conditions when determining whether prisoner plaintiffs have a federal due process liberty interest in remaining free from such confinement. Thomas Wright, a New …
Article • July 15, 1998 • from PLN July, 1998
Prisoner 'Stress Response Syndrome' Described by Dan Pens The Prison Litigation Reform Act (PLRA) and related court rulings have raised imposing obstacles to prison civil rights litigation, effectively gutting class action claims against overcrowding and other conditions of confinement. Increasingly, courts require a showing of how such conditions are violating …
Article • July 15, 1998 • from PLN July, 1998
Seventh Circuit Upholds Constitutionality of Physical Injury Requirement by The court of appeals for the seventh circuit upheld the constitutionality of section 803(d) of the Prison Litigation Reform Act (PLRA) which limits money damages to only those cases involving physical injury. Several Indiana state prisoners filed suit under the Eighth …
Sexual History Evidence Limited in Rape Suit by Afederal district court in New Mexico held that private prison officials were limited in what questions they could elicit about a prison rape victim's sexual history. Tanya Giron is a prisoner who was forcibly raped by private prison guard Danny Tor2ez while …
Behind Closed Doors: Struggle in Washington IMU's by Jennifer Vogel In the "Intensive Management Unit" at the state prison in Shelton, WA a man who looks to be in his 50s is wearing an orange plastic rain jacket and pacing the parameter of the "yard." The yard is really just …
Article • July 15, 1998 • from PLN July, 1998
Criminal History Inadmissable for Impeachment by In a ruling useful to prisoner litigants whose claims go to trial, a federal district court in New York gave a detailed discussion on the limits of using prior criminal history to impeach the testimony of felon witnesses. While not involving prison or jail …
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