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Article • September 15, 1997 • from PLN September, 1997
Filed under: Court Access, Judiciary
Vacant Judgeships Cripple Federal Judiciary by Dan Pens The administration of federal justice is being slowly strangled by politics. A political face-off between a republican-dominated U.S. senate judiciary committee and a spineless democratic president is choking the federal courts. There are 98 unfilled judgeships in federal courts nationwide out of …
Article • September 15, 1997 • from PLN September, 1997
Sixth Circuit Explains PLRA Again by In the June, 1997, issue of PLN we reported In Re Prison Litigation Reform Act, 105 F.3d 1131 (6th Cir. 1997) where the chief judge of the sixth circuit issued an administrative order to guide judges in that circuit on how to implement the …
Article • September 15, 1997 • from PLN September, 1997
Alabama Phone System Upheld by The court of appeals for the eleventh circuit held that a lower court had erred in finding that a telephone calling list of ten people violated prisoners' first amendment rights. Freddie Pope, an Alabama state prisoner, filed suit challenging a prison policy limiting to ten …
Article • September 15, 1997 • from PLN September, 1997
Filed under: PLRA, Filing Fees (PLRA)
Second Circuit Affirms IFP Provisions by The court of appeals for the second circuit held that the filing fee provisions of the PLRA, which require that prisoners ultimately pay all filing fees in civil litigation, are constitutional. The court agreed with the fourth, sixth and eleventh circuits, which have already …
Indiana ADA Verdict Affirmed by In the March, 1996, issue of PLN we reported Love v. Westville Correctional Center, 896 F. Supp. 808 (ND IN 1995) where the court granted the plaintiff a new trial on his Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, claim. After a new …
Article • September 15, 1997 • from PLN September, 1997
Filed under: PLRA, Filing Fees (PLRA)
PLRA Forbids Dismissal of Suits Without Paid Fees by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act (PLRA) does not require dismissal of a prisoner's civil rights suit because he had not yet paid the fees arising from a prior lawsuit. Gary Walp, …
New York Jail Overcrowding Unconstitutional by A federal district court in New York held that overcrowding in the Erie County jail violated the eighth amendment rights of convicted prisoners and the fourteenth amendment rights of pretrial detainees housed in the jail. Bernard Zolnowski, a pretrial detainee, filed suit challenging jail …
Iowa Grievance Retaliation Suit Set for Trial by A federal district court in Iowa held that an Iowa DOC practice of punishing prisoners who filed grievances may violate the first amendment. The court also held that a higher standard of proof than the "some evidence" standard, was required before prisoners …
Article • September 15, 1997 • from PLN September, 1997
BOP Mutiny Convictions Affirmed by The court of appeals for the seventh circuit affirmed the convictions of three federal prisoners convicted of mutiny in a federal prison pursuant to 18 U.S.C. § 1792. The convictions stem from the October, 1995, BOP uprisings after congress refused to ratify changes to the …
Article • September 15, 1997 • from PLN September, 1997
DC Women Prisoners' Suit Reversed by In the December, 1995 and June, 1996, issues of PLN we reported Women Prisoners of the District of Columbia DOC v. District of Columbia, 877 F. Supp. 634 (DC DC 1995) and 899 F. Supp. 659 (DC DC 1995) in which a federal district …
Consent Decrees Enforceable on Its Own Terms by The court of appeals for the seventh circuit held that a consent decree that incorporated state law requirements on prison officials did not violate the eleventh amendment and could be enforced on its own terms. In 1992 Indiana state prisoners filed suit …
Article • September 15, 1997 • from PLN September, 1997
Prisoners Held Beyond Release Date Sue by Four civil rights attorneys filed suit against Los Angeles County Sheriff Sherman Block and other officials for falsely imprisoning thousands of people each year by holding them beyond their scheduled release dates. "We intend to seek an injunction under the taxpayer action and …
ADA Applies to State Prisons by A federal district court in California held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to state prisons and the California Department of Corrections (CDC) must comply with their respective provisions. …
U.S. Supreme Court: No Immunity for Private Prisons by Paul Wright The U.S. supreme court, in a five to four ruling, held that employees of privately owned and operated prisons are not entitled to qualified immunity from suit. In the January, 1997, issue of PLN we reported McKnight v. Rees, …
Montana Paying for 1991 Prison Uprising by The state of Montana agreed to pay $60,000 to the parents of a prisoner killed during a 1991 uprising at the maximum security Deer Lodge prison. It was the second settlement among 13 state court cases filed against prison officials. In January 1995, …
Reliable Evidence Required at Disciplinary Hearing by A federal district court in Indiana granted a habeas corpus petition after finding a prisoner was denied the ability to present exculpatory evidence at a prison disciplinary hearing. Monte McPherson, an Indiana state prisoner, was infracted and found guilty of having sex with …
Former Mississippi Guards Lose Sentencing Appeal by On November 17, 1991, Larry Floyd escaped from the Mississippi State Penitentiary (MSP) at Parchman. He was captured the following day in an abandoned house near the prison. Upon his capture he was beaten by several MSP guards while others looked on. A …
Article • September 15, 1997 • from PLN September, 1997
Pro Se Tips and Tactics (Consent Decrees) by John Midgley What A Consent Decree Is This column discusses so-called "consent decrees" in prison cases. I briefly address the advantages of trying to get a consent decree in certain cases, and current issues regarding consent decrees. This column assumes that either …
Article • September 15, 1997 • from PLN September, 1997
Failure to Remove Sutures States Claim by A federal district court in Maryland held that a prisoner raised a genuine issue of material fact, requiring a trial, because prison doctors did not remove wire sutures from his abdomen. Nicholas Jones, a Maryland state prisoner, underwent hernia surgery. Afterwards, suture wires …
Jail Assault Requires Trial by The court of appeals for the sixth circuit held that whether a prisoner's question to a guard about what would happen if he assaulted another prisoner, required a trial to determine if the guard was liable when the questioner then assaulted another prisoner. William Street …
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