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Brief • March 11, 1997
Filed under: Excessive Force
Dixon v. US, KS, Settlement, Excessive Force, 1997
Beating Damages Affirmed; PLRA Not Retroactive on Vacated Attorney Fees by The court of appeals for the seventh circuit affirmed a jury verdict awarding damages to two prisoners who were beaten by prison guards and then denied medical care for their injuries for nearly two days. The court held that …
Article • February 15, 1997 • from PLN February, 1997
Stunning Revelations by Adrian Lomax Recently Governor Thompson signed into law a bill permitting prisoner chain gangs in Wisconsin. In a high-tech twist on the old Southern chain gangs, Thompson's program includes requiring prisoners to wear electrical stun belts in addition to being chained at the ankle. When activated, the …
Lawsuits Target Georgia Prison Abuse by Robert Bensing by Robert Bensing, Esq. Prisoners in Georgia have recently filed two lawsuits, challenging the Georgia Department of Corrections' (GDC) shakedowns of Georgia prisons. A shakedown entails a search of an entire prison's prisoner population and prisoner living areas. While the shakedowns are …
Article • February 15, 1997 • from PLN February, 1997
Notes from the Unrepenitentiary by Laura Whitehorn In the last months of 1996, the court system in Israel legalized torture. Preventing "terrorist attacks" makes it necessary, the courts ruled, to use physical torture to extract information from Arab "suspects." Fifty years ago the nazis used similar rationales to justify the …
No Qualified Immunity for Private Prisons; Supreme Court Grants Review by The court of appeals for the sixth circuit held that guards employed by private, for profit prisons are not entitled to qualified immunity from suit. This is the first circuit court ruling to squarely address whether private prisons are …
Circus is in Town by by Mr. Wolf Russian novelist Fyodor Dostoevsky wrote, 'The degree of a civilization in society can be judged by entering its prisons and jails." By the events which unfolded in Phoenix, Arizona during September, 1996, it is no doubt evident now to the world at …
Corcoran Prison Cover-up by Willie Wisely by W. Wisely On October 7, 1994, former California prison guard Richard Caruso decided he had enough. The frequent shooting of prisoners forced into fights staged, then covered up, by guards at Corcoran prison's Security Housing Unit (SHU) weighed on his conscience. So, Caruso …
Article • December 15, 1996 • from PLN December, 1996
Texas Guard Cleared in Controversial Shooting by Last month PLN reported "In Harm's Way: Texas Prisoner Killed," about the fatal shooting of 21-year-old prisoner Daniel Miguel Avellaneda by 35-year-old French Robertson Unit prison guard Neal Harms. Six weeks and one day after the July 8 shooting, a Jones County grand …
Article • November 15, 1996 • from PLN November, 1996
The Pelican Bay Factor by Abdul Olugbala Shakur [Editors' Note: The author submitted this manuscript in May of 1996. Because of our article backlog and space limitations we are only now printing it. The issues outlined in this article, however, have since received coverage in the mainstream press. We regret …
Article • November 15, 1996 • from PLN November, 1996
Eight Corcoran Guards Fired, Five Reinstated by On the morning of May 15, 1995, five prisoners at the Calipatria state prison stormed an A Facility program office and stabbed a sergeant. Other guards rushed to help and a wild brawl ensued. Eight guards were injured in the melee. [See: 'CA …
Macing and Restraints State Eighth Amendment Claim by The court of appeals for the fourth circuit held that not allowing a prisoner to wash after being maced and placing him in four point restraints created a fact question requiring a trial to determine if his eighth amendment rights were violated. …
Article • November 15, 1996 • from PLN November, 1996
Disciplinary Records Inadmissible Evidence by The court of appeals for the second circuit vacated a jury verdict in favor of prison guards holding that the prisoner plaintiff's prison disciplinary record should not have been admitted as evidence. Christopher Hynes, a New York state prisoner, filed suit claiming prison guards chained …
Article • November 15, 1996 • from PLN November, 1996
Filed under: Excessive Force, Shootings
In Harms' Way: Texas Prisoner Shot by On July 8, 1996, 21-year-old Texas prisoner Daniel Miguel Avellaneda was fatally shot by Texas Department of Criminal Justice (TDCJ) prison guard Neal Harms. The TDCJ identified Harms as a 35-year-old guard who had no disciplinary infractions in his 14 months on the …
Article • October 15, 1996 • from PLN October, 1996
Court Responsible for Jury Demand by The court of appeals for the second circuit held that checking a box on a civil cover sheet constituted a timely demand for a jury trial. Tyrone Wright, a New York state prisoner, filed suit claiming he was beaten by prison guards. When Wright …
Pepper Spray Madness by Lynn Wilson [The author is an attorney in private practice in Seattle, Washington, and a frequent writer on police accountability issues. She is also on the Steering Committee of the National Coalition on Police Accountability. This article first appeared in the Spring 1996 Issue of COVERT …
Less than Lethal Force Liability by The April, 1995, issue of the Creighton Law Review contains and extremely informative article titled Less Than Lethal Force Weaponry: Law Enforcement and Correctional Agency Civil Law Liability for the Use of Excessive Force, by Neal Miller. While much of the article's focus is …
Article • October 15, 1996 • from PLN October, 1996
Pepper Spray Unsafe? by COPWATCH, a citizens' group in Berkeley, CA, has noted an increase of in-custody deaths, and has pointed to pepper spray as possibly causing or contributing to those deaths. According to Berkeley Police Department Captain Doran, however, police officials consider pepper spray a safe alternative to firearms …
Jail Guards File Suit by Five jail guards, disciplined for throwing a blanket over the head of a mentally ill detainee and choking him into a coma, have sued the Santa Clara (Calf.) County Department of Correction and its two highest officials, claiming that they were unjustly scapegoated. The lawsuit, …
Article • October 15, 1996 • from PLN October, 1996
Prisoner Testimony Must Be Considered in Spears Hearing by The court of appeals for the fifth circuit held that a district court abused its discretion when it heard a prisoner's testimony during a Spears hearing and then disregarded it and dismissed the complaint. Danny Eason, a Texas state prisoner, filed …
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