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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 …
Article • October 15, 1997 • from PLN October, 1997
Filed under: News, News in Brief
News in Brief by AL: On June 30, 1997, Jerrick Snell, already sentenced to 20 years in prison for cocaine possession was resentenced to life in prison after he told judge Lawson Little to perform oral sex on him when Little walked past his cell. Little ordered Snell gagged and …
Managed Care Infects Prison Health Services by by Adrian Lomax In September, 1996, Melody Bird complained to guards at Florida's Pinellas County Jail that she was experiencing severe chest pains and having trouble breathing. Nurses at the jail, finding no discernible blood pressure, concluded that Bird was suffering a heart …
Brief • October 1, 1997
Filed under: Medical
Anderson v. Bayh, IN, Consent Order, Medical Care, 1997 Hamid R. Kashani Attorney at Law 445 North Pennsylvania Street, Suite 600 Indianapolis, Indiana 46204-1806 317/ 632-1000 Fax: 317/ 632-5520 Electronic: HKashani@aol.com July 1, 1997 Mr. David A. Arthur Office of Indiana Attorney General Indiana Government Center South 402 W. Washington …
Brief • October 1, 1997
Holder v. Humanitarian Law Project, Amicus Brief, McCarthy Era Victims, 1997 Nos. 08-1498 and 09-89 ERIC H. HOLDER, JR., ATTORNEY GENERAL, ET AL., Petitioners, v. HUMANITARIAN LAW PROJECT, ET AL., Respondents. HUMANITARIAN LAW PROJECT, ET AL., Cross-Petitioners, v. ERIC H. HOLDER, JR., ATTORNEY GENERAL, ET AL., Respondents. ON WRITS OF …
Brief • September 24, 1997
Zolnowski v. Erie, NY, Stipulation, Conditions of Confinement, 1997 Zolnowski v. Co. of Erie V V H • • • • • H• • MED V JC-NY-009-002 -J.S, DISTRICT COURT ,4 M V . UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK SEP 24)99? VI BERNARD J. ZOLNOWSKI, JR., …
Brief • September 22, 1997
Macfarlane v. Walter, WA, Court Order, PLN Ban, 1997 1 2 FILED IN ME U.S.DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 SEP 2 2 1997 4 JAMES A LAFIIIGN CaFt4 5 YAKI1AA 6 UNITED STATS DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON 8 9 DONALD D. MacFARLANE Plaintiff, 10 11 …
Brief • September 22, 1997
Macfarlane v. Walter, WA, Order, Report and Recommendations, PLN Ban, 1997 4t.' . .........-' " 1 Flt.ED IN THE us. DISTRICT COUAT 2 EASTERN OISTRICT OF WASHINGTON 3 SE? 2 2 1997 4 JAMES A wa'N 5 YAKIM" c.. ~~ 6 Ul~T~ED 7 DONALD D. MacFARLANE Plaintiff, 10 11 12 …
Brief • September 18, 1997
Settle v. Lopez, NY, Interrogatories, Failure to Protect, 1997
Brief • September 16, 1997
Wright v. Riveland, WA, Plaintiff Opposition to Motion to Dismiss, Money Seizure Statute, 1997
Detainee Awarded $64,000 in Guard Attack by A federal district court in Iowa denied jail guards' motion for a new trial on a detainee's jury verdict awarding $64,000 in an excessive force suit. Jeffrey Schultz was arrested and booked into the Woodbury county jail. During the booking Schultz was shackled, …
Article • September 15, 1997 • from PLN September, 1997
Pepper Spray too Dangerous for DOC Training? by In September of 1996, Paul M. Sullivan, health compliance officer for the North Carolina Department of Labor sent a letter to Mr. Franklin Freeman of the North Carolina Department of Correction (DOC). An alert reader obtained a copy of this letter and …
Article • September 15, 1997 • from PLN September, 1997
New Jersey Prisoners Have Liberty Interest in Parole by A federal district court in New Jersey held that New Jersey parole statute N.J.S.A. § 30:4-123-53(a) creates a due process liberty interest in parole release. Hubert Watson filed suit under 42 U.S.C. § 1983 claiming his due process rights were violated …
Farmer Loses at Jury Trial by In the July, 1994, issue of PLN we reported Farmer v. Brennan, 114 S.Ct. 1970 (1994), where the supreme court held that prisoners have an eighth amendment right to be protected by prison officials from rape or attack by other prisoners. Farmer proceeded to …
Article • September 15, 1997 • from PLN September, 1997
Fact Finding of Segregation Conditions Required in Disciplinary Suit by In two separate cases the court of appeals for the eighth circuit held that lower courts had improperly dismissed suits filed by Missouri state prisoners who had claimed they were denied due process when they were placed in segregation. Roman …
Article • September 15, 1997 • from PLN September, 1997
Attorney Fee Award in Nominal Damage Case Affirmed by The court of appeals for the eighth circuit affirmed an award of $6,005.40 in attorney fees and costs to a prisoner who was awarded one dollar in nominal damages after a jury trial. Ali Muhammad, an Arkansas state prisoner, filed suit …
Disciplinary Segregation Can Create Liberty Interest by In two separate rulings, the court of appeals for the second circuit held that in Sandin v. Connor, 115 S.Ct. 2293 (1993) [PLN, Aug. 1995] the supreme court did not create a blanket rule that disciplinary segregation alone, without the loss of good …
Article • September 15, 1997 • from PLN September, 1997
PLRA Applies to Juveniles, Retroactive on Attorney Fees by The court of appeals for the fourth circuit held that the Prison Litigation Reform Act (PLRA) applies to lawsuits brought by juvenile detainees and its cap on attorney fees ($112.50 an hour) applies to work performed before the PLRA's April 26, …
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