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Rural Prison as Colonial Master by Christian Parenti In 1964, a tsunami swept over Crescent City, California completely destroying the downtown. Only nine people died, but the town -- nestled just below the Oregon border -- never recovered. It was rebuilt as a shabby imitation of California's worst planning examples; …
Refusal to Waive Interest States Claim by The court of appeals for the ninth circuit held that a district court erred when it dismissed a prisoner's claim that he was fired from his prison job when he refused to waive his right to interest accruing to his prison trust fund …
Article • April 15, 1998 • from PLN April, 1998
BJS Reports Prison Litigation Statistics by The Bureau of Justice Statistics (BJS) released the report Prisoner Petitions in the Federal Courts, 1980-96 in October, 1997. According to the report, the rate at which state and federal prisoners filed petitions in U.S. district courts (habeas and section 1983 petitions combined) fell …
Article • April 15, 1998 • from PLN April, 1998
$450,000 Award in Sexual Assault Case Not Excessive by The court of appeals for the second circuit held that a $250,000 compensatory damage award against a county jail security director for sexually abusing a prisoner was not excessive. However, the court held that the $500,000 punitive damage award was, reducing …
Article • April 15, 1998 • from PLN April, 1998
$9,500 Award for Involuntary Psychotropic Drugging Affirmed by $9,500 Award for Involuntary Psychotropic Drugging Affirmed The court of appeals for the eighth circuit affirmed an award of $9,500 in damages to an Arkansas state prisoner who was forcibly drugged with anti-psychotic medications without due process. The court also held that …
Article • April 15, 1998 • from PLN April, 1998
4th Circuit Establishes Detainee Excessive Force Standard by The court of appeals for the fourth circuit, sitting en bane, held that the constitution does not prohibit the police from slapping pretrial detainees or inserting pens in their noses, while threatening to "rip it open," provided there is no sign of …
Article • April 15, 1998 • from PLN April, 1998
5th Cir. Holds IFP Dismissals Are With Prejudice by 5th Cir. Holds IFP Dismissals are With Prejudice The court of appeals for the fifth circuit, en banc, held that cases dismissed under 28 U.S.C. § 1915, the In Forma Pauperis (IFP) statute will now be considered to be with prejudice, …
Article • April 15, 1998 • from PLN April, 1998
Alaska Computer Printer Ban Questioned by The supreme court of Alaska held that a state superior court wrongly granted summary judgment to prison officials in a lawsuit challenging a ban on computer printers in the prisoners' cells. Geoffrey Mathis is an Alaska state prisoner. In 1993 prison officials issued a …
Community Notification Upheld by Three Circuits by In the December, 1997, PLN we reported Doe v. Gregoire , 960 F. Supp. 1478 (WD WASH. 1997), wherein a district court ruled that Washington's "community notification" statute violates the ex post facto clause insofar as releasing information to the public regarding sex …
Conditions in Camden County Jail Unconstitutional by In 1992 and 1993 numerous' present and former CCJ prisoners filed civil rights complaints in federal court alleging an assortment of constitutional violations. Because the issues mirrored those involved in Camden County Jail Inmates v. Parker , 123 F.R.D. 490 (DNJ 1988), a …
BOP Sentence Reductions Cannot Be Denied Based Upon Firearm Enhancements by The court of appeals for the third circuit held that the Federal Bureau of Prisons (BOP) cannot use a firearm enhancement under the Sentencing Guidelines, by itself, as the basis for declaring a prisoner ineligible for a statutorily authorized …
BOP Exceeds Statutory Authority in Denying Sentence Reduction by Afederal district court in the District of Columbia held that the Bureau of Prisons (BOP) had exceeded its statutory authority by defining "violent" offenses to preclude a sentence reduction for convictions the courts have consistently defined as "non-violent." In 1994 congress …
$1.1 Million Award in Sexual Assault by The court of appeals for the fifth circuit held that recovery under the Texas Tort Claims Act is authorized for the negligent failure to prevent an intentional tort by a government employee. The court affirmed the judgment below and a $1.1 million damage …
$225,000 Jury Award in CDC Shooting Affirmed by The court of appeals for the ninth circuit affirmed a jury award of $225,000 to a prisoner shot by guards, who then received inadequate medical care. The court rejected the defendants' argument that the eleventh amendment barred the damage award. Todd Ashker, …
Article • April 15, 1998 • from PLN April, 1998
U.S. Liable for Loss of Prisoner's Property by Afederal district court in Kansas held that federal prisoners can properly seek damages for the negligent loss of their property by prison employees pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), 2671, et seq. Warren Melvin, a federal …
Article • April 15, 1998 • from PLN April, 1998
Filed under: Court Access, Judiciary
The Limits of the Law by Mumia Abu-Jamal Human law is law only by virtue of its accordance with right reason, and by this means it is clear that it flows from eternal law. In so far as it deviates from right reason it is called an unjust law; and …
Article • April 15, 1998 • from PLN April, 1998
Third Circuit Applies ADA to Prisoners; Supreme Court Grants Review by The court of appeals for the third circuit held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, applies to state prisoners. The supreme court later granted review to decide whether the ADA applies to state prisoners. …
Article • April 15, 1998 • from PLN April, 1998
Weights Banned in California by Willie Wisely by W. Wisely On January 2, 1998, Gregory Harding, Chief Deputy Director of the California Department of Corrections, issued an Administrative Bulletin announcing the end of weightlifting in the free world's largest prison system. The weightlifting ban includes prisons, Community Correctional Facilities, and …
Article • April 15, 1998 • from PLN April, 1998
From the Editor by Dan Pens Greetings and welcome to another issue of PLN . If you haven't seen, ordered, or read a copy of The Celling of America (TCOA), well... you don't know what you're missing. It took a while, but I finally got my copy. I let my …
Brief • April 3, 1998
Filed under: Accidents
Lott v. WA DOC, WA, Tort Settlement and Release, Phallam Bay Accident, 1998 • Claim # 31031273-01 RELEASE (TORT) I},I/( FOR AND IN CONSIDERATION of the sum of, One Thousand Sixty Three Dollars and 49/Cents 51,063.49, inclusive of all liens known and unknown), Alvina Lott, Ilis/her heirs. assigns, or other …
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