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Article • December 15, 1997 • from PLN December, 1997
Montana Prisoners Have Liberty Interest in Classification Hearings by Danny Arledge By Danny Arledge The Montana state supreme court held that state law creates a liberty interest for prisoners accused of misconduct in prison classification hearings. Daniel Orozco, a prisoner at the Montana State Prison, was accused of conspiring to …
Fifth Circuit Rules on Appeals to Denials of IFP Status by The court of appeals for the fifth circuit held that prisoners denied In Forma Pauperis (IFP) status in the district courts and whose lawsuit is dismissed as frivolous under 28 U.S.C. § 1915 can appeal that ruling. The court …
Frivolous State Litigation by Paul Wright By Paul Wright The court of appeals for the eighth circuit held that a prisoner's demotion from administrative to punitive segregation did not implicate any federal due process liberty interest. We would not normally report this case because it involves no new or novel …
Article • December 15, 1997 • from PLN December, 1997
Filed under: Medical, Tuberculosis
Man Jailed for Saying 'No' to TB Drugs by An Olympia, WA, man was jailed in mid-March 1997, for refusing to take his tuberculosis medicine. Kenneth Elkins, 44, was living homeless in Olympia after having been released from McNeil Island Corr. Ctr. in the summer of 1996. In November, 1996, …
Eleventh Circuit Approves and Applies the PLRA by James Quigley By James Quigley The court of appeals for the eleventh circuit held that the provisions of the Prison Litigation Reform Act (PLRA) apply to cases pending prior to its enactment; that the filing fee requirements of the Act do not …
Article • December 15, 1997 • from PLN December, 1997
Prisoner Awarded $30,001 in Beating Suit by A federal jury in Bangor, Maine, awarded damages to 25-year-old Billy Williams for being beaten by two guards while imprisoned in Maine's Supermax prison in 1994. A seven-member jury deliberated for two and a half hours before deciding to award $30,000 in punitive …
Article • December 15, 1997 • from PLN December, 1997
GAO Reports Available: Federal and State Prisons by Julia Lutsky 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 tough on crime" and the age-old …
Article • December 15, 1997 • from PLN December, 1997
Alabama AG Moves to Dissolve 17 Consent Decrees by Alabama Attorney General Bill Pryor and state Prison Commissioner Joe Hopper went into federal courts across the state July 2, 1997, moving (under provisions of the PLRA) to dissolve consent decrees governing conditions at three state prisons and 14 county jails. …
Article • December 15, 1997 • from PLN December, 1997
New York State Drug Sentencing Report by Julia Lutsky Angela Thompson, a 17-year-old with no prison record participated in a single sale of 2 oz and 33 grains of crack cocaine to an undercover officer for which she received a 15-year-to-life sentence. Cruel and Usual : "Disproportionate Sentences for New …
Americans with Disability Act Applies to Jails by In two separate rulings, federal district courts in Ohio and Michigan held that the Americans with Disabilities Act (ADA) 42 U.S.C. § 12131 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to county jails. Leonard Raufman was imprisoned in the …
Article • December 15, 1997 • from PLN December, 1997
Massachusetts Prisoner PAC Assailed by Governor, DOC by Dan Pens In mid-August, Acting Massachusetts Governor Paul Cellucci personally directed prison guards to conduct a shakedown of several state prisons. And what contraband were the guards instructed to root out? Weapons? Drugs? No, something much more sinister and threatening to public …
VI Decree Modification Denied Under PLRA, DOC Held in Contempt by A federal district court in the Virgin Islands made specific factual findings under the terms of the Prison Litigation Reform Act (PLRA) holding that prison and jail conditions on the island were unconstitutional and required federal court intervention to …
Article • December 15, 1997 • from PLN December, 1997
New Jersey Jail Brutality Settlement by Seventeen former detainees of the Sussex County (NJ) Jail settled a lawsuit alleging a pattern and practice of guard brutality, inadequate medical and psychiatric care, and inadequate legal access. As part of the settlement, the county agreed to pay $372,000; install video surveillance cameras …
Qualified Immunity in Failure to Protect Claim by James Quigley By James Quigley The court of appeals for the fourth circuit, sitting en banc, held that there is no constitutional violation when unarmed prison guards fail to immediately intervene to protect a prisoner from assault by an armed prisoner; that …
Article • December 15, 1997 • from PLN December, 1997
Ohio Overtime Gravy by According to a report in the Columbus Dispatch, overtime pay for Ohio state employees is expected to reach an all-time high of $72 million in 1997. Among the 68 Ohio state agencies, employees of the state's burgeoning prison system account for $23.7 million, about a third …
Article • December 15, 1997 • from PLN December, 1997
Arizona Death Row Chain Gang Killing by PLN has previously reported how the death row chain gang in Arizona has resulted in numerous incidents of violence, including prisoners being wounded by shotgun blasts to quell fighting. On July 9, 1997, the violence took a bizarre and deadly turn. On that …
Article • December 15, 1997 • from PLN December, 1997
Supreme Court Rulings Trickle Down: Washington Civil Commitment by Washington Civil Commitment La.: In the November, 1995, issue of PLN we reported Young v. Weston, 898 F. Supp. 744 (WD WA 1995) where a district court in Washington struck down as unconstitutional that state's civil commitment law. The case was …
Uprisings in New York State Prisons by Julia Lutsky By Julia Lutsky Brutality by guards lay behind a major uprising at the Mohawk Correctional Facility in upstate New York in July 1997. Josea Benefield, a 22 year-old African-American prisoner in solitary confinement was reported to have hung himself with a …
CCA Unveils Aggressive New Marketing Ploy by The Corrections Corporation of America (CCA) plans to build a 2,000-bed prison in California's Mojave Desert -- on speculation. CCA President David L. Meyers said his private prison corporation has no guarantee the California Department of Corrections (CDC) will send prisoners the proposed …
Article • December 15, 1997 • from PLN December, 1997
U.S. and Russia Reaching Record Levels of Incarceration by A new 59-nation study by The Sentencing Project reveals that Russia and the United States have reached record levels of incarceration and are far ahead of other nations in their use of imprisonment. The study also found that a 92% increase …
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