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Article • December 15, 1997 • from PLN December, 1997
The Poor Get Poorer - The Rich Get Prisons by Wall Street recently celebrated an initial public offering (IPO) and welcomed the addition of a spanking new growth-oriented corporation: CCA Prison Realty Trust. This Nashville-based corporation is a spin-off of the world's largest private prison corporation -- another Wall Street …
Knowledge of Risk May Establish 8th Amendment Liability by The court of appeals for the sixth circuit held that a prison investigator's report indicating a prisoner was at risk of attack was sufficient to establish eighth amendment liability on the part of supervisory prison officials, if they read it. The …
AA Still Violates the Establishment Clause by A federal district court in New York reaffirmed its earlier decision holding that a condition of probation requiring an atheist to attend Alcoholics Anonymous meetings violates the establishment clause of the First Amendment. A nominal damage award of $1 was reinstated. This case …
The Abuse of U.S. Women Prisoners by Julia Lutsky It is really like this dirty little secret that everyone in corrections knows about and doesn't want to talk about. It is a huge problem." The words are those of Brenda Smith, senior counsel of the National Women's Law Center quoted …
Jury Awards $201,501 to Raped Indiana Prisoner by John Emry By John Emry Graylon Bell was placed in the Plainfield Correctional Facility operated by the Indiana Department of Correction in January of 1994. Shortly after, another prisoner, Grady Vaxter, started hitting on Bell hinting Vaxter was interested in Bell and …
Arizona Holiday Package Decree Modified by In the June, 1997, issue of PLN we reported the lengthy, tortured history of efforts by the Arizona DOC to eliminate holiday packages [On the Edge of Midnight]. The ruling cited in that article, Hook v. State of Arizona, 98 F.3d 1177 (9th Cir. …
Article • December 15, 1997 • from PLN December, 1997
WA Officials Liable for Seizing Court Tape by In an unpublished ruling, the court of appeals for the ninth circuit held prison officials were not entitled to qualified immunity for intentionally withholding a prisoner's video taped court transcript. Robert Wrinkle a Washington state prisoner at the Clallam Bay Corrections Center, …
Article • December 15, 1997 • from PLN December, 1997
A Matter of Fact by The U.S. adult population increased 19 percent from 1980-95 (from 163.5 million to 194 million), while the U.S. adult prison population increased 237 percent during the same period (from 319,598 to 1,078,545). According to Bureau of Justice Statistics (BJS) figures, "drug offenders" constituted 26 percent …
Counselor Liable in Failure to Protect Claim by A federal district court in Illinois held a prison counselor could be found liable for denying a prison snitch protective custody when the informant was later attacked by his many enemies. Hubert Hill is an Illinois state prisoner who has informed on …
Article • December 15, 1997 • from PLN December, 1997
Filed under: News, News in Brief
News in Brief by AK: In October, 1997, Alaska state police announced they were searching for Virginia parolee Wil Adams, AKA Skip Adams Taylor, on felony gun charges. Adams served 16 years in Virginia prisons for murdering a young woman. Paroled in 1995 Adams moved to Barrow and was hired …
Private Prisons Cheaper? by The New Mexico state DOC contends that Corrections Corporation of America has overcharged the state by nearly $2 million since the CCA-operated Women's Correctional Facility at Grants N.M. opened some eight years ago. State officials also say that CCA is not living up to a deal …
Article • December 15, 1997 • from PLN December, 1997
From the Editor by Dan Pens Greetings and welcome to another issue. Last May, PLN received two $10,000 grants to use for outreach mailings of sample issues to attract new subscribers. From May through November we printed and mailed an average of 7,000 extra copies per month. The resulting new …
Brief • December 12, 1997
McFarland v. WA DOC, WA, Judgment, Rape Murder Case, 1997 .. THE HONORABLE KAREN STROMBOM 1 2 3 4 5 6 SUPERIOR COURT OF THE STATE OF WASHINGTON 7 FOR PIERCE COUNTY - 8 9 10 11 SYLVIA McFARLAND, individually and as personal representatIve of the Estate of Meeka Louise …
Brief • December 8, 1997
Filed under: Publications/Books
Johnson v. Mitchem, AL, Stipulation, Publications, 1997 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JOHN JOHNSON, et a!., Plaintiffs, CV 97-C-1301-S VS. BILLY MITCHEM, Defendant. STIPULATION 1. The Plaintiffs have alleged that the Defendant's publications policy violates the First Amendment to the United …
Brief • December 2, 1997
Prince v. US, SC, Complaint, Deficient Medical Care Bop, 1997
Brief • November 17, 1997
Moya v. City of Albuquerque, NM, Order, PLRA Physical Injury Rule, 1997
Article • November 15, 1997 • from PLN November, 1997
Texas Mandatory Release Statute Creates Liberty Interest by The court of appeals for the fifth circuit held that Texas prisoners have a due process liberty interest in their good time credits as it affects their mandatory parole release date. Nesbitt Madison, a Texas state prisoner, was infracted for allegedly assaulting …
PLRA Exhaustion Requirement Jurisdictional by A federal district court in Arizona held that the PLRA's administrative exhaustion requirement, codified at 42 U.S.C. § 1997e(a), requires prisoners to exhaust administrative remedies and the failure to do so deprives the court of subject matter jurisdiction. Dallas Morgan, an Arizona state prisoner, filed …
Article • November 15, 1997 • from PLN November, 1997
Filed under: Reviews, Court Access
Detention and Corrections CaseLaw Catalog by Paul Wright By Paul Wright If you are a jail or prison litigator have you ever wished for a digest of all the major and most of the minor cases dealing with the subject you're litigating? I know I have. Hours spent poring over …
Article • November 15, 1997 • from PLN November, 1997
Pepper Spray Uprising in Arkansas by Wrightsville Arkansas, prison farm labor camp, July, 1997. The sweltering daytime temperature tops 100 degrees. It's still more than 80 degrees just after midnight. And then a spark is lit. A guard at the Arkansas DOC Wrightsville Unit, reportedly acting on a tip, went …
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