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Same Sex Harassment of Prisoner Workers Okayed by The court of appeals for the ninth circuit held that male prisoners have no clearly established right to be free from sexual harassment by male work supervisors. Herman Blueford, a California state prisoner, filed suit claiming his eighth amendment rights were violated …
Article • October 15, 1997 • from PLN October, 1997
Clemency Letter Ban Questioned by The court of appeals for the seventh circuit held that an Illinois Department of Corrections (DOC) policy prohibiting employees from writing directly to the Prisoner Review Board (PRB) on behalf of prisoners seeking clemency may be unconstitutional. Larry Shimer filed a petition for clemency and …
Article • October 15, 1997 • from PLN October, 1997
Arizona Prisoner Entitled to Kosher Diet by The court of appeals for the ninth circuit held that a district court erred when it upheld the denial of Kosher meals to Jewish prisoners in Arizona. Kenneth Ashelman is one of 70 Jewish prisoners in the Arizona DOC. Prison officials in that …
PLRA Physical Harm Requirement Not Retroactive by A federal district court in Indiana held that 42 U.S.C. § 1997e(e), which precludes suits by prisoners seeking money damages in the absence of physical harm, does not apply retroactively to suits filed before the PLRA's enactment. The court also held a prisoner …
$5,000 Verdict for Snitch Jacketing Affirmed by The court of appeals for the tenth circuit affirmed a $5,000 judgment in favor of a jail prisoner who was assaulted after a guard told other prisoners he was a snitch. The court also affirmed an award of $93,649.61 in attorney fees and …
New York AA Program Violates Establishment Clause by The court of appeals of New York (the highest state court) held that the establishment clause of the U.S. constitution is violated when an atheist prisoner was deprived of family visits for refusing to participate in a religious oriented Alcohol and Substance …
Sexual Abuse by Guard Nets New York Jail Prisoner $750,000 by A federal district court in New York found sufficient evidence to support a finding that a guard sexually abused a county prisoner; that such acts violated due process; that the guard was not entitled to qualified immunity; that state …
Eleventh Circuit Reinstates Beating Verdict by The court of appeals for the eleventh circuit reversed a judgment as a matter of law entered against a Florida prisoner after a jury found in his favor. The court reinstated both the verdict and a damage award for the prisoner. The court also …
Article • October 15, 1997 • from PLN October, 1997
Rhode Island Probation Fee Ruling Reversed by In the September, 1996, issue of PLN we reported Taylor v. Rhode Island, 908 F. Supp. 92 (D RI 1995) where a district court struck down as violating the ex post facto clause and due process a state statute requiring probationers to pay …
Article • October 15, 1997 • from PLN October, 1997
U.S. Sues Prisons in Arizona and Michigan by In February 1997, the Justice Department filed separate lawsuits in U.S. District Court in Phoenix and Detroit alleging that state-run prisons in Michigan and Arizona fail to protect female prisoners from sexual assaults committed by prison guards and staff. At the Arizona …
Article • October 15, 1997 • from PLN October, 1997
Filed under: Sentencing, Habeas Corpus
Recent US Supreme Court Rulings of Interest: Habeas Corpus by The court held that the standard of review, articulated by enactment of the Anti Terrorism and Effective Death Penalty Act (AEDPA), for federal habeas corpus petitions does not apply retroactively to petitions filed on or before the AEDPA's enactment on …
Article • October 15, 1997 • from PLN October, 1997
Get More Georgia Prison Information by For those interested in learning more about the current wave of human and civil rights abuses in the Georgia DOC the Prison and Jail Project, a non profit grassroots group in Georgia, has published a 45 page booklet titled "Stop Human Rights Abuses in …
Article • October 15, 1997 • from PLN October, 1997
Recent US Supreme Court Rulings of Interest: Court Access by The court struck down a Mississippi law that conditioned appeals in parental rights cases to prepayment of record preparation fees, with no provisions for indigents. The case involved a mother who lost parental rights, forever, to her two minor children …
Article • October 15, 1997 • from PLN October, 1997
PLRA Fees Don't Apply to Habeas by The court of appeals for the tenth circuit joined every other circuit to consider the issue by holding that the PLRA's fee requirements do not apply to habeas corpus petitions. Thus, indigent prisoners can still seek a waiver of filing fees for habeas …
Senior DOC Officials Implicated by After lower ranking guards crossed the blue line, Hays state prison Lt. Ray McWhorter offered a stunning account of events -- including allegations that senior GA DOC officials not only witnessed the massive shakedown, but were instrumental in igniting the firestorm of brutality. McWhorter admitted …
Article • October 15, 1997 • from PLN October, 1997
A Matter of Fact by The FBI's Uniform Crime Reporting (UCR) crime index for 1996 (preliminary figures) showed an overall crime rate decrease of 3 percent. Violent crime decreased 7 percent. It was the largest single-year drop since 1982, and marks the fifth consecutive year that UCR crime rates have …
CCA Prison Off to a Rocky Start by In its first five weeks of operation, the CCA-owned and operated Northeast Ohio Correctional Center (NOCC) in Youngstown was locked down three times. According to warden Willis Gibson, the first lockdown occurred on May 30 after 50 Washington D.C. prisoners, apparently unhappy …
LSC Ban on Funding Prison Litigation Enjoined by In the July, 1996, issue of PLN we reported passage of the 1996 federal budget. In addition to severe budget cuts for the Legal Services Corporation (LSC), a private non profit corporation that distributes government funds to independent legal programs around the …
Article • October 15, 1997 • from PLN October, 1997
Filed under: International, Immigration
California, Texas, Arizona Suit Seeking Alien Incarceration Money Fails by In past issues of PLN we have reported that several states, including Arizona, California, Washington and New Jersey, had sued the federal government seeking reimbursement for the expense of incarcerating illegal aliens. To date all the suits have fallen flatly …
Article • October 15, 1997 • from PLN October, 1997
Recent US Supreme Court Rulings of Interest: Civil Rights by The court held that 18 U.S.C. § 242 imposes criminal liability on government officials who violate the constitutional rights of citizens if the unlawfulness in question is apparent in light of preexisting law. The court adopted a test identical to …
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