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Article • June 15, 1997 • from PLN June, 1997
Pro Se Tips and Tactics (Declaratory Relief) by John Midgley One form of remedy available in federal court, including in some prison cases, is a "declaratory judgment." This column discusses what a declaratory judgment is, why you might want one in some cases, and the requirements for getting one. What …
Article • June 15, 1997 • from PLN June, 1997
Prisoners' Spouses Challenge Washington 35% Law by Past issues of PLN have detailed the litigation in Wright v. Riveland, the federal class action suit challenging the legality of RCW 72.09.480, a Washington state statute that mandates the seizure, without exceptions, of 35% of all funds sent to prisoners. On May …
Article • June 15, 1997 • from PLN June, 1997
Pro Se Litigant Entitled to Defendant's Identity by The court of appeals for the seventh circuit held that a pro se litigant is entitled to court appointed counsel in order to discover the identity of defendants and the statute of limitations was subject to equitable tolling while discovery took place. …
Article • June 15, 1997 • from PLN June, 1997
Swastika Carved on CDC Prison Guard Rifle by In January of 1997 authorities at California's Folsom State Prison launched an investigation to find out who carved a swastika and a "white power" insignia into the stock of a staff rifle. Sgt. Jim Cook, president of the Folsom chapter of the …
Iowa Retaliation Verdict Affirmed by In the March, 1994, issue of PLN we reported Goff v. Burton, 7 F.3d 734 (8th Cir. 1993) in which the eighth circuit court of appeals reversed a district court ruling in favor of George Goff, an Iowa prisoner who was retaliated against by prison …
Article • June 15, 1997 • from PLN June, 1997
California Prisoner Wins Judgment Against Guard in Shooting by Herbert Green, a 51 year old African-American prisoner, filed a pro se §1983 action against Robert Konkel, a prison guard at Calipatria State Prison, alleging that Konkel violated his eighth amendment rights by shooting him. The case proceeded to trial where …
TB Isolation May Violate RFRA by A federal district court in Indiana held that a prison policy of isolating Muslim prisoners who refused tuberculosis screening tests may violate the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b)(1) and the eighth amendment. Indiana prisoners who refuse TB tests involving the …
FTCA Suit Not Barred by Prior Bivens Claim by In a case of first impression the court of appeals for the seventh circuit held that a plaintiff who files and loses a Bivens suit against federal officials is not automatically barred from filing a tort suit against the United States …
Article • June 15, 1997 • from PLN June, 1997
BOP Can't Set Restitution by The court of appeals for the second circuit held that federal district courts may not delegate to the Bureau of Prisons (BOP) the responsibility to devise a restitution payment schedule pursuant to the Inmate Financial Responsibility Program (IFRP), 28 C.F.R. § 545.10. Daniel Mortimer was …
Prison NA Meetings Violate Establishment Clause by The court of appeals for the seventh circuit held that a prisoner's forced attendance at a religion based substance abuse counseling program violates the establishment clause of the first amendment. James Kerr is a Wisconsin state prisoner in a minimum security prison. Prison …
Article • June 15, 1997 • from PLN June, 1997
Sixth Circuit Issues PLRA IFP Order by On February 4, 1997, Boyce Martin, chief judge of the sixth circuit, issued an administrative order directing all circuit and district court judges in the sixth circuit to apply the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA) uniformly …
Texas Prison Building Corruption, Problems and Dangers by Of the prisons built in Texas over the past four years, in about a third of them the boilers don't meet the state safety standards because of installation and design mistakes, resulting in state regulators issuing at least 146 waivers of Texas' …
Article • June 15, 1997 • from PLN June, 1997
Massachusetts Court Avoids Ruling on Consent Decree Termination by A federal district court in Massachusetts avoided ruling on the constitutionality of the Prison Litigation Reform Act's (PLRA) provisions requiring immediate termination of jail and prison consent decrees, 18 U.S.C. § 3626(b)(2), by refusing to vacate a jail consent decree but …
Article • June 15, 1997 • from PLN June, 1997
$7,500 Awarded in Guard Beating by A federal district court in Delaware awarded a prisoner $7,500 in damages after ruling the prisoner was beaten without provocation by a prison guard. Augustus Evans, a Delaware state prisoner was in segregation and repeatedly asked guards to turn off his cell light. When …
Qualified Immunity for Strip Search by In the July, 1994, issue of PLN we reported Canedy v. Boardman, 16 F.3d 183 (7th Cir. 1993) which reversed dismissal of a Muslim prisoner's suit claiming violation of his religious rights when guards of both sexes could see him naked. On remand the …
America's Private Gulag by Ken Silverstein What is the most profitable industry in America? Weapons, oil and computer technology all offer high rates of return, but there is probably no sector of the economy so abloom with money as the privately-run prison industry. Consider the growth of the Corrections Corporation …
Habeas Petition Not Mooted by Segregation Release by The court of appeals for the seventh circuit held that when a prisoner challenges a disciplinary hearing via federal habeas corpus collateral consequences will be presumed by the court. Martin Bryan is an Indiana state prisoner. He was infracted for allegedly reaching …
Trial Required on ADA EFV Claim by A federal district court in California held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA) of 1973, 29 U.S.C. § 794, apply to state prisons and were violated when an HIV+ prisoner and his HIV+ …
Article • June 15, 1997 • from PLN June, 1997
'Scared Straight' Youths Molested in Texas Prison by On Valentines Day, 1997, fifteen youngsters from a residential treatment center for boys and girls with psychiatric and substance-abuse problems were touring the Eastham Unit prison in Texas as part of a "scared straight" visitation program. Five of the youths later reported …
Article • June 15, 1997 • from PLN June, 1997
Federal Parolees Kicked off Internet by The U.S. Parole Commission has said that it was so disturbed by the amount of information available on the Internet about child sex rings, recipes for explosives, and plans for hate crimes that in December, 1996, without holding any public hearings, it approved restrictions …
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