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Brief • January 15, 1998
Sparr v. WA DOC, WA, Complaint, Walla Walla Double Amputee, 1998 -, -rn.t~ . I~ECEIVED ==: [ ~Ji.AIL ] MAR 191998 . JAN 15 1998 .mORNEY GENERAL'S OFFler C(,')R~CT!CtlS DlV AT S~rnE ""'"ClE.~ U.S. DlS1Iltcr C4'URT iJyQrtRII DISTRICT OF ~0tI 0£My UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TraviS …
Brief • December 22, 1997
Filed under: Accidents
Cruz v. WA DOC, WA, Complaint for Damages, McNeil Island Bus Accident, 1997 "'. '. F I LED IN COUNTY CLERK'S OFFiCE: 3 REr r= , ~:'}a.: r)NO V 2 4 1997 '97 DEC 22 PPl 1 31 ?M. .• . .. PIERc:i: COUNTY. WASHINGiON . ~7 5 •• ~ …
Article • December 15, 1997 • from PLN December, 1997
Federal Jail in NYC a Mob Social Club? by Reputed Mafia mobsters reportedly turned Brooklyn's Federal Metropolitan Detention Center (M.D.C.) into a cozy social club -- with the help of corrupt guards. Detainees hosted visiting business associates and dined in high style with smuggled in meatballs, manicotti and chicken cutlets, …
Article • December 15, 1997 • from PLN December, 1997
Supreme Court Rulings Trickle Down: RFRA by In the April, 1997, issue we reported the seventh circuit's ruling in O'Leary v. Mack, 80 F.3d 1175 (7th Cir. 1996) where the appeals court interpreted the Religious Freedom Restoration Act. The U.S. supreme court has vacated that ruling for reconsideration in light …
Article • December 15, 1997 • from PLN December, 1997
GAO Reports Available: Private and Public Prisons by Julia Lutsky By Julia Lutsky GAO Reports Available Federal and State Prisons: "Inmate Populations, Costs and Projection Models," November 1996, GAO/GGD-97-15 Private and Public Prisons: "Studies Comparing Operational Costs and/or Quality of Service," August 1996, GAO/GGD-96-158 Reflecting both the relatively recent "get …
Article • December 15, 1997 • from PLN December, 1997
Utah Prisoners May Build Own Cages by In a 1997 Utah state budget bill, the legislature directed that an "inmate construction and building maintenance" program be developed. "The purpose of this program should be to expand inmate employment in construction-related fields in order to provide training for the inmate and …
Trial Required in Retaliation Claim by A federal district court in New York held prison officials were not entitled to qualified immunity in a prisoner's lawsuit claiming he was retaliated against for suing them and that a trial was required to resolve the claims. Nathan Brown, a New York state …
More Evidence Required in Retaliatory Infractions by The court of appeals for the ninth circuit held that when guards falsely accuse prisoners of misconduct in retaliation for the exercise of constitutional rights, the guard's accusation is not entitled to deference under the "some evidence" standard of review normally used in …
Article • December 15, 1997 • from PLN December, 1997
D.C. Prisoners Win No Smoking Injunction by In the May, 1996, issue of PLN we reported Crowder v. Kelly, 928 F. Supp. 2 (D DC 1996) where the district court granted a preliminary injunction ordering District of Columbia prison officials to place the prisoner plaintiffs in non smoking living quarters …
AEDPA Applies to Prison Disciplinary Hearings by The court of appeals for the seventh circuit held that the Antiterrorism and Effective Death Penalty Act (AEDPA), Public Law No. 104-132, which amended the federal habeas corpus statutes, applies to habeas petitions challenging prison disciplinary hearings. The court also held Indiana prisoners …
Article • December 15, 1997 • from PLN December, 1997
Leon County Employees Replaced by Slaves by Leon County, Florida, sheriff Larry Campbell beamed with pride as he watched one of his campaign promises come true. Fourteen zebra-striped prisoners filed onto a bus waiting to take them to their first day of forced labor clearing brush along county roads. Campbell …
DC DOC Official Convicted of Contempt by The court of appeals for the District of Columbia Circuit affirmed the criminal contempt conviction of District of Columbia official Sylvia Young. Young was convicted after she harassed and retaliated against women DOC employees who had filed suit claiming that sexual harassment and …
More Ohio Jail Construction Corruption by In the April '97 issue of PLN we reported "Ohio Jail Construction Corruption?" about questionable contract provisions and cost overruns by a construction firm owned by Ohio governor George Voinovich's brother. That article was about the firm's $9 million renovation of the Franklin county …
Second Circuit Approves Disciplinary Hearing Surcharge by The court of appeals for the second circuit held that the imposition of a mandatory surcharge against prisoners found guilty of certain rule violations did not violate due process, that the failure to provide a hardship waiver for indigents did not violate equal …
Article • December 15, 1997 • from PLN December, 1997
Pro Se Tips and Tactics (Summary Judgments) by John Midgley By John Midgley A tool used in many prison and jail cases, especially by defendants, is a summary judgment motion under Federal Rule of Civil Procedure 56. If you lose a summary judgment motion brought by the defendant, you have …
NJ Guards Threaten Walkout Over Vests by On July 31, 1997, New Jersey state prisons were locked down after a guard was fatally stabbed and angry union leaders told guards for the next shift not to report for work unless the state agreed to purchase body armor vests. Bayside State …
Article • December 15, 1997 • from PLN December, 1997
Filed under: Organizing, Voting
Prisoner PAC Announces Formation by We are proud to announce the creation of the Massachusetts Prisoners Association, a newly registered Political Action Committee working on behalf of the more than 20,000 prisoners currently confined within the Massachusetts Prisons and Houses of Correction and their family members, addressing the concerns of …
Article • December 15, 1997 • from PLN December, 1997
Pepper Spray Report by Julia Lutsky Research Review: "Use of Force Policies and Training Recommendations: Based on the Medical Implications of Oleoresin Capsicum," by Darrell Ross, PPCT Director of Research. Oleoresin Capsicum (OC; pepper spray) is now widely used by police departments throughout the country for the control of "resistant …
Article • December 15, 1997 • from PLN December, 1997
Washington Sex Offender Notification Enjoined by The federal district court for the western district of Washington has issued a preliminary injunction enjoining the state from retroactively applying the provision of Washington's Community Protection Act of 1990 calling for the "community notification" of recently released sex offenders. The plaintiff, identified only …
Article • December 15, 1997 • from PLN December, 1997
Supreme Court Rulings Trickle Down: WA Good Time by In the February, 1996, issue of PLN we reported Gotcher v. Wood, 66 F.3d 1097 (9th Cir. 1995) where the ninth circuit held that Washington prisoners have a protected liberty interest in their good time credits. The supreme court vacated Gotcher …
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