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Article • July 15, 1998 • from PLN July, 1998
Another Florida Gain-Time Statute Unconstitutional by In a 5-2 decision the Supreme Court of Florida held that a recently enacted statute requiring the mandatory abrogation of state prisoners' right to earn "incentive gain-time"1 for up to six months following prison disciplinary convictions, was an unconstitutional ex post facto law, as …
Article • July 15, 1998 • from PLN July, 1998
8th Circuit Orders BOP Sentence Reductions by Joining the third and ninth circuits, the eighth circuit court of appeals held that a BOP program statement denying sentence reductions to non violent drug offenders was contrary to the purpose of 18 U.S.C. § 3621(e)(2)(B), an early release statute which allows a …
Article • July 15, 1998 • from PLN July, 1998
Consent Decree Termination Upheld by In the June, 1997, issue of PLN we reported Inmates of Suffolk County Jail v. Sheriff of Suffolk County , 952 F. Supp. 869 (D MA 1997) in which a federal district court in Massachusetts upheld 18 U.S.C. § 3626, the PLRA provision which allows …
California Whistleblowers Silenced, Punished by Two California prisoners, suspected of tipping reporters to a controversial story inside the R.J. Donovan Correctional Facility near San Diego, were placed in administrative segregation (aka "the hole") and later transferred to other prisons. A San Diego television station reported in September, 1997, that workers …
Article • July 15, 1998 • from PLN July, 1998
$350,000 Awarded in Ohio Prisoner Death by $350,000 Awarded In Ohio Prisoner Death Sybil Norris, 29, was doing a six-month stretch for shoplifting at the Ohio Reformatory for Women when she died, needlessly, of an asthma attack. Two years later, in December 1997, the Ohio Court of Claims awarded $350,000 …
Washington Child Support Minimum Struck Down by The Washington state court of appeals, Division I, held that RCW 26.19.065, which requires a statutory minimum child support payment of $25 per month, violates federal law and the supremacy clause. David Gilbert, a Washington state prisoner, was court ordered to pay $25 …
Article • July 15, 1998 • from PLN July, 1998
Truth Takes a Holiday in Virginia DOC Press Release by Virginia state prisons chief Ron Angelone announced in July, 1997, that he would drop his blanket ban on reporters entering prisons for face-to-face interviews with prisoners, but said reporters would still not be allowed into 10 of Virginia's 52 state …
U.S. Supreme Court Rejects Heightened Pleading Standards for Intent Based Claims by Paul Wright By Paul Wright On May 4, 1998, the United States supreme court held that civil rights plaintiffs do not have to meet a heightened standard of pleading when filing suit against government officials. Lawsuits alleging an …
Article • July 15, 1998 • from PLN July, 1998
Filed under: Organizing, Censorship
Wisconsin Joins the Control-Unit Fraternity by Wisconsin Joins The Control-Unit Fraternity On the morning of December 17, 1997, as thirty protesters gathered in a parking lot in Boscobel, a small farm town isolated in the rural southwest corner of Wisconsin, police squad cars wheeled into the lot. Sheriff's deputies informed …
Youth in Washington Prisons Challenge Lack of Education by David C Fathi by David C. Fathi Youth incarcerated in the Washington Department of Corrections (WDOC) are challenging the state's failure to provide them with basic and special education, as required by state and federal law. The lawsuit, Tunstall v. Bergeson …
Transgender Treatment Questioned by The court of appeals for the seventh circuit issued a ruling that prisoners suffering from gender dysphoria (i.e., transexualism) are not entitled to curative treatment under the eighth amendment. The ruling is extremely unusual in that it comes as an "advisory opinion." A long standing judicial …
Article • July 15, 1998 • from PLN July, 1998
Where International Law Ain't Law by Mumia Abu-Jamal The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. One of the first duties of government is to afford that protection. . . Marbury v. …
Article • July 15, 1998 • from PLN July, 1998
From the Editor by Paul Wright We would like to thank Youth Emergency Services in Texas for awarding PLN a $1,000 grant with which to do sample mailings. We would also like to thank an East coast prisoner, who prefers to stay anonymous, for his donation of $500 so we …
Brief • July 10, 1998
Filed under: Accidents
Martin v. WA DOC, WA, Complaint, Cargo Accident, 1998 4&~"""'" \~ * . f" -~ . _.~ :CEtVED SO JUL 1 0 1998 \() 1 ,----_._-_._--_. '-"---'" . FILED RECEIVED Office of the Attorney General r.\ .JUN I R IS03-"! JUL 15 98 Vancouver Office 2 3 , IN TIlE …
Brief • June 24, 1998
Filed under: Religious Freedom
Kikumura v. US, CO, Complaint, Denial of Religious Rights, 1998
Article • June 15, 1998 • from PLN June, 1998
PA County Medical Co-Payment Constitutional by The court of appeals for the third circuit held that a program charging prisoners a small ($3-$5) fee when they sought medical care, is not per se unconstitutional, nor as implemented, under the eighth amendment. The court further held that the program is not …
Article • June 15, 1998 • from PLN June, 1998
Michigan's Parole Amendments Constitutional by The court of appeals for the Sixth Circuit held that the 1992 amendments to Michigan's parole laws, that postpone initial mandatory review hearings for certain state prisoners and reduce the frequency of subsequent mandatory parole hearings, do not violate the Ex Post Facto Clause of …
Mis-Managed Health Care in Texas Prisons by In 1993, Texas state prisons over-flowed with 70,000 prisoners. But the state was nearing completion of a $1.5 billion prison construction program that would more than double the number of state prisons. State Comptroller John Sharp appreciated what few Texans knew: the $1.5 …
New York Prisoner Awarded $56,000 for Beating by U.S. Magistrate Judge Daniel Scanlon (Northern District, NY) ordered two guards at the Clinton Correctional Facility (CCF) in Dannemora, NY, to pay $56,000 in compensatory punitive damages to former CCF prisoner Nelson Cay to punish them for their "sadistic and savage beating" …
Article • June 15, 1998 • from PLN June, 1998
Parolee Must Receive Morrissey Hearing by A parolee who is convicted of a new crime has a due process right to a parole revocation hearing that fulfills all six requirements of accurate fact-finding set out in Morrissey v. Brewer , 408 U.S. 471, 92 S.Ct. 2593 (1972). William John was …
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