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Article • May 15, 1998 • from PLN May, 1998
Oregon's Prison Slavocracy by Dan Pens What I propose is, that as we embark on this massive prison construction program, we try a new approach -- convert our "warehouses" into factories with fences around them. To do that we must change our thinking and change the reactionary statutes that stand …
Article • May 15, 1998 • from PLN May, 1998
Filed under: Appeals, Juveniles
Michigan Visiting Restrictions Upheld by In the June, 1996, issue of PLN we reported Bazetta v. McGinnis , 902 F. Supp. 765 (ED MI 1996) which denied a preliminary injunction to Michigan prisoners, and their visitors, challenging prison visiting restrictions. In 1995 the Michigan DOC amended the Michigan Administrative Code …
New Jersey Mental Health Class Action Gains Momentum by Steve Vaccaro Afederal district court in New Jersey has upheld the claims of a statewide class of mentally ill prisoners against defendants' motions to dismiss and for summary judgment. The defendants are: officials of the New Jersey Department of Corrections; Correctional …
No Ex Post Facto Violation in Permanent Loss of Forfeited Good Time by The court of appeals for the fifth circuit held that a Texas Board of Criminal Justice (TBCJ) directive forbidding prison officials from restoring good time credits previously lost did not violate the ex post facto clause. Since …
No Federal Remedy for False Disciplinary Charges by The court of appeals for the seventh circuit held that a prisoner who is falsely accused of misconduct and punished for no apparent reason has no legal recourse in federal court if the only punishment imposed involves 15 days of segregation. In …
Physical Injury Limit Defined, Wrongly by A federal district court in Texas dismissed a lawsuit as being legally frivolous for not alleging sufficient physical injury under 42 U.S.C. § 1997e(e). Thinh Minh Luong is a Hawaii state prisoner transferred to the Dickens County Corrections Center, a private prison operated by …
Louisiana DOC Defiance Rule Unconsitutional by The court of appeals for the fifth circuit held that the Louisiana DOC rule prohibiting "defiance" was facially invalid to the extent that it proscribes prisoners from threatening prison employees "with legal redress during a confrontation situation." The court also held that habeas corpus …
Law on Strip Searches of Prison Visitors Clearly Established by The court of appeals for the second circuit held that the reasonable suspicion standard for strip searches of prison visitors is clearly established. However, the court decided that the defendants were entitled to qualified immunity based upon the facts. This …
Article • May 15, 1998 • from PLN May, 1998
Jailhouse Travel Agents by Travel Wholesalers International, a travel agency based in Fairfax, Virginia, recruits workers in out-of-the-way places. The company employs 12 maximum-security prisoners at the Leath Correctional Institution, a women's prison in Greenwood, South Carolina. The prisoner-workers talk to clients over the phone, registering plane reservations and other …
Jury Verdict Affirmed in Arkansas Prisoner Attack by The court of appeals for the eighth circuit affirmed a jury verdict that found a prison guard liable for failing to protect two prisoners from attack by another prisoner. Arkansas state prisoners Lonell Newman and Hoseia Chestnut were both attacked by a …
DC Women Prisoners' Suit Settled by In the December 1995, June 1996 and September 1997 issues of PLN we reported the saga of Womens Prisoners of the District of Columbia DOC v. District of Columbia , which is cited in 877 F.Supp. 634, 899 F.Supp. 659, and 93 F.3d 910, …
Grievance Exhaustion Required by The court of appeals for the sixth circuit held that 42 U.S.C. § 1997e(a) requires administrative exhaustion of all claims filed after the April 26, 1996, enactment of the Prison Litigation Reform Act (PLRA). Section 1997e(a) states that "no action shall be brought with respect to …
Florida Prisoners Have Right to Present Evidence at Disciplinary Hearings by Florida Prisoners Have Right To Present Evidence At Disciplinary Hearings A Florida state appellate court held that a denial by prison authorities of an opportunity for a prisoner to present exculpatory evidence at a prison disciplinary hearing states a …
Fact Dispute Bars Qualified Immunity Appeal by The court of appeals for the fifth circuit held that it lacked jurisdiction to hear an interlocutory appeal on the denial of qualified immunity to prison officials where the lower court denied qualified immunity due to disputed facts. Two Louisiana state prisoners sued …
Fact Finding Required in Disciplinary Suits by In two separate rulings federal district courts in New York held that prisoners litigating disciplinary due process cases must be given an opportunity to develop a factual record to support their claims before the court rules on a motion to dismiss or for …
Delay in Treatment for Jail Prisoner Actionable by Afederal district court in Mississippi held that disputed issues of fact involving claims by a jail prisoner that he was beaten by his cellmates required a trial to resolve. Emmett Davis was sentenced to 54 days in the Greenville, Mississippi, jail because …
Article • May 15, 1998 • from PLN May, 1998
Delay of Dental Service Violates 8th Amendment by The court of appeals for the eighth circuit held that a district court erred when it dismissed a prisoner's suit over delays in dental care. The appeals court also held that untimely service of the suit by the marshalls service was not …
Article • May 15, 1998 • from PLN May, 1998
Deliberate Indifference Applies to Detainees by The court of appeals for the tenth circuit held that county jail officials have a constitutional duty to protect the health and wellbeing of prisoners in their custody. The appropriate standard of liability under these circumstances is deliberate indifference, not objective reasonableness. Under the …
Article • May 15, 1998 • from PLN May, 1998
Denial of Counsel Reversed by The court of appeals for the third circuit held that a district court abused its discretion in refusing to appoint counsel to an indigent pro se prisoner litigant. Paul Parham, a Pennsylvania state prisoner, filed suit after receiving inadequate medical treatment for tinnitus (ringing in …
Article • May 15, 1998 • from PLN May, 1998
Filed under: PLRA, Filing Fees (PLRA)
Fee Required in Voluntary Dismissal by A federal district court in Nebraska held that the IFP fee requirements of the PLRA, 28 U.S.C. § 1915(b)(2) require payment of the full filing fee even if the prisoner plaintiff later decides to voluntarily dismiss the action. See: Conley v. Henderson , 980 …
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