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Washington 35% Law Struck Down, in Part by PLN has reported extensively on Wright v. Riveland , the class action lawsuit challenging Washington state statute RCW 72.09.480 [ PLN , Jun. Aug. Dec. 1996; May, 1997]. The law allows the DOC to seize 35% of all money sent to prisoners, …
Article • January 15, 1998 • from PLN January, 1998
Writs of Mandamus Not Subject to PLRA Fees by Writs of Mandamus Not Subject to PLRA Fees: The court of appeals for the fifth circuit joined the second and seventh circuit in holding that petitions seeking writs of mandamus in the court of appeals are not subject to the PLRA's …
Torture Info Wanted by Bonnie Kerness, longtime prison rights activist; PLN supporter; and Associate Director of the American Friends Service Committee, Criminal Justice Program, is seeking information from U.S. prisoners who have been subjected to the use of restraint chairs (aka "the chair"), four-point restraints (aka "the motorcycle"), stun belts, …
Article • January 15, 1998 • from PLN January, 1998
Utah Governor's 'Pal' Dupes Parole Officials by Michael Blake Jensen, an admitted con artist and pathological liar was on parole for the fourth time in early 1995. He was facing possible parole violation and felony theft, and Utah parole officer David Olive and his partner, Swen Heimburg, were prepared to …
Article • January 15, 1998 • from PLN January, 1998
From the Editor by Paul Wright Readers have recently asked if PLN still accepts subscription donations paid for with new, unused postage stamps. Yes, we do. Through an oversight that information wasn't included when we recently revamped our subscription flyer. As the first PLN of 1998 we present our index …
Brief • January 15, 1998
Sparr v. WA DOC, WA, Complaint, Walla Walla Double Amputee, 1998 -, -rn.t~ . I~ECEIVED ==: [ ~Ji.AIL ] MAR 191998 . JAN 15 1998 .mORNEY GENERAL'S OFFler C(,')R~CT!CtlS DlV AT S~rnE ""'"ClE.~ U.S. DlS1Iltcr C4'URT iJyQrtRII DISTRICT OF ~0tI 0£My UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TraviS …
Brief • December 22, 1997
Filed under: Accidents
Cruz v. WA DOC, WA, Complaint for Damages, McNeil Island Bus Accident, 1997 "'. '. F I LED IN COUNTY CLERK'S OFFiCE: 3 REr r= , ~:'}a.: r)NO V 2 4 1997 '97 DEC 22 PPl 1 31 ?M. .• . .. PIERc:i: COUNTY. WASHINGiON . ~7 5 •• ~ …
Article • December 15, 1997 • from PLN December, 1997
Federal Jail in NYC a Mob Social Club? by Reputed Mafia mobsters reportedly turned Brooklyn's Federal Metropolitan Detention Center (M.D.C.) into a cozy social club -- with the help of corrupt guards. Detainees hosted visiting business associates and dined in high style with smuggled in meatballs, manicotti and chicken cutlets, …
Article • December 15, 1997 • from PLN December, 1997
Supreme Court Rulings Trickle Down: RFRA by In the April, 1997, issue we reported the seventh circuit's ruling in O'Leary v. Mack, 80 F.3d 1175 (7th Cir. 1996) where the appeals court interpreted the Religious Freedom Restoration Act. The U.S. supreme court has vacated that ruling for reconsideration in light …
Article • December 15, 1997 • from PLN December, 1997
GAO Reports Available: Private and Public Prisons by Julia Lutsky By Julia Lutsky GAO Reports Available Federal and State Prisons: "Inmate Populations, Costs and Projection Models," November 1996, GAO/GGD-97-15 Private and Public Prisons: "Studies Comparing Operational Costs and/or Quality of Service," August 1996, GAO/GGD-96-158 Reflecting both the relatively recent "get …
Article • December 15, 1997 • from PLN December, 1997
Utah Prisoners May Build Own Cages by In a 1997 Utah state budget bill, the legislature directed that an "inmate construction and building maintenance" program be developed. "The purpose of this program should be to expand inmate employment in construction-related fields in order to provide training for the inmate and …
Trial Required in Retaliation Claim by A federal district court in New York held prison officials were not entitled to qualified immunity in a prisoner's lawsuit claiming he was retaliated against for suing them and that a trial was required to resolve the claims. Nathan Brown, a New York state …
More Evidence Required in Retaliatory Infractions by The court of appeals for the ninth circuit held that when guards falsely accuse prisoners of misconduct in retaliation for the exercise of constitutional rights, the guard's accusation is not entitled to deference under the "some evidence" standard of review normally used in …
Article • December 15, 1997 • from PLN December, 1997
D.C. Prisoners Win No Smoking Injunction by In the May, 1996, issue of PLN we reported Crowder v. Kelly, 928 F. Supp. 2 (D DC 1996) where the district court granted a preliminary injunction ordering District of Columbia prison officials to place the prisoner plaintiffs in non smoking living quarters …
AEDPA Applies to Prison Disciplinary Hearings by The court of appeals for the seventh circuit held that the Antiterrorism and Effective Death Penalty Act (AEDPA), Public Law No. 104-132, which amended the federal habeas corpus statutes, applies to habeas petitions challenging prison disciplinary hearings. The court also held Indiana prisoners …
Article • December 15, 1997 • from PLN December, 1997
Leon County Employees Replaced by Slaves by Leon County, Florida, sheriff Larry Campbell beamed with pride as he watched one of his campaign promises come true. Fourteen zebra-striped prisoners filed onto a bus waiting to take them to their first day of forced labor clearing brush along county roads. Campbell …
DC DOC Official Convicted of Contempt by The court of appeals for the District of Columbia Circuit affirmed the criminal contempt conviction of District of Columbia official Sylvia Young. Young was convicted after she harassed and retaliated against women DOC employees who had filed suit claiming that sexual harassment and …
More Ohio Jail Construction Corruption by In the April '97 issue of PLN we reported "Ohio Jail Construction Corruption?" about questionable contract provisions and cost overruns by a construction firm owned by Ohio governor George Voinovich's brother. That article was about the firm's $9 million renovation of the Franklin county …
Second Circuit Approves Disciplinary Hearing Surcharge by The court of appeals for the second circuit held that the imposition of a mandatory surcharge against prisoners found guilty of certain rule violations did not violate due process, that the failure to provide a hardship waiver for indigents did not violate equal …
Article • December 15, 1997 • from PLN December, 1997
Pro Se Tips and Tactics (Summary Judgments) by John Midgley By John Midgley A tool used in many prison and jail cases, especially by defendants, is a summary judgment motion under Federal Rule of Civil Procedure 56. If you lose a summary judgment motion brought by the defendant, you have …
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