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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 …
Court Reduces Jury Award in Beating Suit by A federal district court in New York entered a jury verdict awarding compensatory and punitive damages to a prisoner beaten and tranquilized by guards, it then reduced the punitive damage award. Donovan Blissett, a New York state prisoner, filed suit claiming his …
Article • September 15, 1997 • from PLN September, 1997
A Matter of Fact by 1996 study of juvenile homicide arrests (National Center on Institutions and Alternatives, and the Center on Juvenile and Criminal Justice) revealed that six states: Florida, Michigan, Illinois, New York, Texas, and California accounted for 56 percent of juvenile homicide arrests in 1993. The report also …
Article • September 15, 1997 • from PLN September, 1997
Filed under: News, News in Brief
News in Brief by AK: On July 2, 1997, Allen Compton, chief justice of the Alaska supreme court resigned after being privately reprimanded by the Alaska Commission on Judicial Conduct. The allegations giving rise to the reprimand were not made public. Compton remains on the court as an associate justice. …
Article • September 15, 1997 • from PLN September, 1997
No Right to TV or Radio by A federal district court in Mississippi upheld a state statute prohibiting prisoners from using televisions or radios. In the January, 1995, issue of PLN we reported the enactment of Miss. Code Ann. § 47-5-124 which states: "No convict incarcerated in a state correctional …
Article • September 15, 1997 • from PLN September, 1997
Supreme Court Strikes Down RFRA as Unconstitutional by On June 25, 1997, the United States supreme court struck down as unconstitutional the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb. In 1993 the RFRA was enacted by congress in response to the supreme court ruling in Employment Division, Dept. …
Article • August 15, 1997 • from PLN August, 1997
PLRA 'Physical Injury' Requirement Affirmed by In the first published case on this issue, a federal district court in Indiana held that a provision of the Prison Litigation Reform Act (PLRA), requiring "physical injury" before a prisoner's lawsuit can proceed, mandated dismissal of prisoners' claim that they were exposed to …
Retaliation Verdict Reversed by In the February, 1996, issue of PLN we reported Sisneros v. Nix, 884 F. Supp. 1313 (D IA 1995), where a district court in Iowa awarded a prisoner $7,639.70 in damages after finding the prisoner had been subjected to a retaliatory prison transfer after filing suit …
Administrative Exhaustion Required for Disc. Habeas by The court of appeals for the third circuit held that federal prisoners who challenge disciplinary hearings via habeas corpus must first exhaust their administrative remedies within the Bureau of Prisons (BOP) and failure to do so will result in procedural default. Phillip Moscato, …
Prisoner's Death Throws Utah DOC into Turmoil by On March 19, 1997, Michael Valent--a schizophrenic prisoner housed in the mental health wing of a Utah prison--died while confined in a "restraining chair." Valent was strapped into the device for 16 hours without a break, his arms and legs immobilized. Preliminary …
Article • August 15, 1997 • from PLN August, 1997
Supreme Court Upholds Kansas Civil Commitment Law by Dan Pens In a chilling 5-4 ruling, the U.S. supreme court reversed a Kansas supreme court which invalidated the Kansas Sexually Violent Predator Act after holding that the Act ("civil commitment" of "sexually violent predators" who suffer from a "mental abnormality" or …
Article • August 15, 1997 • from PLN August, 1997
Washington Prison Food Factory Cooks Up Controversy by The idea was peddled to the Washington state legislature as a scheme to save tax dollars: a giant prison food factory manufacturing institutional meals on a vast scale for sale to other prisons. "Build it," they said. When the $3.5 million "Correctional …
Article • August 15, 1997 • from PLN August, 1997
Con Artist Dupes 'America's Toughest Sheriff' by Sheriff Joe Arpaio who touts himself as "America's toughest sheriff" is apparently not America's smartest sheriff. Reputed flimflam man David Michael Pecard, 34, wooed his way into the sheriff's heart with empty promises of helicopters, tents and other military surplus. Pecard, an army …
Article • August 15, 1997 • from PLN August, 1997
District Courts Responsible for PLRA Appeal Fees by The court of appeals for the fifth circuit held that a district court erred when it refused to rule on a prisoner's motion to proceed on appeal with In Forma Pauperis (IFP) status, i.e., without pre-paying the filing fees. Prisoners seeking "to …
Article • August 15, 1997 • from PLN August, 1997
Florida Supreme Court Strikes Down Gain Time Loss by The Florida supreme court held that a DOC Policy denying gain time to prisoners eligible to receive it at the time of their conviction violated the ex post facto clauses of the Florida and United States constitutions. In 1996 the Florida …
PLRA Physical Injury Requirement Defined by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act's (PLRA) physical injury requirement for prisoners seeking money damages is the same as the standard used in determining eighth amendment claims. This ruling is significant because it is the …
No Immunity for Denial of Exercise by The court of appeals for the second circuit held that prison officials were not entitled to qualified immunity from money damages for denying a prisoner in medical segregation all opportunity for exercise. Bobby Williams is a New York state prisoner who refused to …
Article • August 15, 1997 • from PLN August, 1997
Disputed Facts Require Trial in Beating Case by The court of appeals for the seventh circuit held that a district court had improperly dismissed a pretrial detainees' excessive force claim. Reginold Dorsey was an Indiana pretrial detainee who filed suit claiming jail guards beat him without provocation during a cell …
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