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Medical Malpractice Instruction Warranted in Eighth Amendment Suit by The court of appeals for the second circuit held that in some cases medical malpractice may constitute an eighth amendment violation and a failure to instruct a jury accordingly is reversible error. William Hathaway, a New York state prisoner, filed suit …
Article • August 15, 1997 • from PLN August, 1997
Florida Ban on Prisoner Legal Help Struck Down by A state district court of appeals held that Florida DOC rules were unconstitutional to the extent that they purport to prohibit prisoners in disciplinary confinement from filing federal petitions seeking habeas corpus, or civil rights complaints alleging violations of federally protected …
Article • August 15, 1997 • from PLN August, 1997
Kansas Ad Seg Hearing Required by The supreme court of Kansas held that a prisoner was entitled to a hearing to determine if three years in administrative segregation (ad seg) has become a prohibited punishment. Rodney Murphy, a Kansas state prisoner, was placed in ad seg in 1993 for investigation …
Article • August 15, 1997 • from PLN August, 1997
Filed under: News, News in Brief
News in Brief by AL: On June 11, 1997, former state governor Guy Hunt was pardoned by the state parole board of his 1993 convictions for looting his tax exempt 1987 inaugural fund of $200,000 which he used to buy cattle and pay personal expenses. Hunt had been sentenced to …
Article • August 15, 1997 • from PLN August, 1997
From the Editor by Paul Wright Lest anyone think that the only time we show our appreciation for PLN supporters is when they die, we are very pleased to announce that PLN columnist John Midgley was awarded the 1997 William O. Douglas Award by the Washington Association of Criminal Defense …
Brief • August 7, 1997
Humanists of Washington v. Lehman, WA, Complaint, DOC Mail Censorship, 1997 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA HUMANISTS OF WASHINGTON; THE NATIONAL …
Article • July 15, 1997 • from PLN July, 1997
Ruchell Cinque Magee: Sole Survivor Still by Mumia Abu-Jamal Slavery is being practiced by the system under the color of law ... Slavery 400 years ago, slavery today; it's the same thing, but with a new name. They're making millions and millions of dollars enslaving Blacks, poor whites, and others …
Article • July 15, 1997 • from PLN July, 1997
Prisoners Roasted Alive by A van carrying prisoners burst into flames alongside a Tennessee interstate highway, killing all six prisoners shackled inside a wire mesh cage in the back of the van. The prisoners were being transported in a van operated by Federal Extradition Agency, a private Memphis-based company that …
Article • July 15, 1997 • from PLN July, 1997
In Defense of Mumia by Daniel Burton-Rose Review by Daniel Burton-Rose This work, edited by S.E. Anderson and Tony Medina, is a powerful compilation of graphic art, prose, and poetry inspired by political prisoner Mumia Abu-Jamal's struggle for freedom from PA's death row, the 1985 bombing of the radical MOVE …
Edwards v. Balisok: A Partial Victory for Prisoners by David C Fathi by David C. Fathi On May 19, 1997, the United States Supreme Court decided Edwards v. Balisok, 520 U.S. 117 S.Ct. 1584 (1997). Although the Court reversed a favorable decision by the U.S. Court of Appeals for the …
Article • July 15, 1997 • from PLN July, 1997
Prisoners of Colonialism: The Struggle for Justice in Puerto Rico by Daniel Burton-Rose Review by Daniel Burton-Rose This work by Ronald Fernandez provides a history of Puerto Rico's efforts to free itself from the imperial rule of the United States, from the time it was "won" from the Spanish in …
Article • July 15, 1997 • from PLN July, 1997
Prison Pay Policy May Violate Court Access by The court of appeals for the eighth circuit held that a prison pay policy requiring prisoners to buy hygiene items and litigation supplies may violate prisoners right of access to the courts. Three Iowa state prisoners in administrative segregation (ad seg) challenged …
Article • July 15, 1997 • from PLN July, 1997
Private Prison Disciplinary Action Subject to Colorado Court Review by The Colorado court of appeals held that state prison disciplinary codes apply to private prisons and are subject to judicial review. Patrick Murphy, a Colorado state prisoner, was placed in the Bent County Correctional Facility (BCCF), a privately owned and …
Physical Injury Requirement Not Retroactive by A federal district court in New York held that 42 U.S.C. § 1997e(e), a section of the PLRA which requires prisoners to sustain physical injury before they can seek money damages, is not retroactive to claims arising before the PLRA's April 26, 1996, enactment. …
Article • July 15, 1997 • from PLN July, 1997
Not All Things Considered by Award-winning poet Martin Espada was commissioned by National Public Radio's "All Things Considered" to compose a poem as part of the radio network's April observance of National Poetry Month. NPR suggested a poem focusing on a news story from one of the cities Espada was …
Judge Rules Texas Prisoner's Death a Result of Excessive Force by On January 27, 1997, a guard at the French Robertson Unit in Abilene, TX, showed up to search Gary Lee Crenshaw's cell. Crenshaw, 31, serving a 45-year sentence for possession with intent to deliver cocaine, returned from the shower …
Hygiene and Retaliation Claims Require Trial by The court of appeals for the tenth circuit held that a prisoner's retaliation claim and claim that he had been denied hygiene items required a trial. The court affirmed dismissal of claims regarding inadequate law library access and his placement in administrative segregation …
Death Blossoms by Mark Cook Review by Mark Cook Mumia Abu Jamal's Death Blossoms walks the reader through a hallway of mirrors reflecting the thoughts of a prisoner of conscience contending with the oppressive diversion of a death sentence. Death Blossoms evades the State's attempt to silence him. In an …
Article • July 15, 1997 • from PLN July, 1997
Washington Prisoner Escapes from State's Most Secure Lockup by In July, 1996, John Allen Lamb, 33, hijacked a prison truck at knife point and attempted to ram the truck through security fencing at the Washington State Penitentiary (WSP) at Walla Walla [later reported in PLN's News In Brief]. The unsuccessful …
Article • July 15, 1997 • from PLN July, 1997
Administrative Exhaustion Requirements Not Retroactive by The court of appeals for the sixth circuit held that 42 U.S.C. § 1997e(a), which requires prisoners to exhaust administrative remedies before filing suit in federal court do not apply to cases pending on April 24, 1996, when the PLRA was signed into law, …
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