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Article • June 15, 1997 • from PLN June, 1997
California Prisoners Entitled to Contact Attorney Visits by The California state court of appeals affirmed a superior court granting a writ of habeas corpus to a prisoner who was denied contact visits with his attorney. Alan Roark is a California state prisoner represented by Charles Lindner in his direct criminal …
Article • June 15, 1997 • from PLN June, 1997
BOP Owes Duty of Care to Prisoners by The court of appeals for the third circuit held that the Bureau of Prisons (BOP) owes federal prisoners a duty of care and that a district court erred in ruling otherwise. Rother Jones is a federal prisoner who filed a negligence suit …
No Frivolousness Review Allowed When Filing Fee Paid by The court of appeals for the eighth circuit held that a district court erred when it dismissed portions of a pro se prisoner's complaint after the filing fee had been paid. The lower court also erred when it instructed the defendants …
Article • June 15, 1997 • from PLN June, 1997
Fifth Circuit Holds that PLRA Requires Fees in All Pending Cases by In two separate rulings, the court of appeals for the fifth circuit held that litigants must pay the filing fees in all civil cases pending on the date the Prison Litigation Reform Act (PLRA) was signed into law …
Strange Bedfellows; CCA's Political Connections by Alex Friedmann CCA's connection with local politics began when the Nashville-based company was formed during Governor Lamar Alexander's administration. When CCA made a bid to operate Tennessee's entire prison system in 1985, the governor's wife, Honey Alexander, was criticized for owning $5,000 of CCA …
Article • June 15, 1997 • from PLN June, 1997
Filed under: Private Prisons, Reviews
Book Review - Privatization and the Provision of Correctional Services: Context and Consequences by Edited by G. Larry Mays and Tara Gray; Anderson Publishing (1996) This 185 page overview of prison privatization issues presents a thorough examination of the topic without coming down on one side or the other of …
CDC Consent Decree Contempt Vacated by The court of appeals for the ninth circuit held that before a party can be held in contempt for violating a consent decree, the decree must set forth the required conduct in specific detail. Prisoners at the California Medical Facility (CMF) in Vacaville filed …
Article • June 15, 1997 • from PLN June, 1997
Ninth Circuit: PLRA Doesn't Apply to Habeas by The court of appeals for the ninth circuit held that the filing fee requirements of the Prison Litigation Reform Act (PLRA) do not apply to habeas corpus proceedings. "We... hold that the forma pauperis provisions of the PLRA relating to prisoner civil …
Massachusetts Prisoners Awarded Back Pay by A Mass. superior court judge ruled the state owes 2,253 current and former state prisoners about $1 million because they were not given a pay raise mandated by DOC regulations. In April 1991, new DOC regulations were issued that raised the top rate for …
Article • June 15, 1997 • from PLN June, 1997
PLRA Not Enough for Fourth Circuit by One of the PLRA's stated purposes was to cut down on "frivolous" prisoner litigation by requiring full payment of filing fees and imposing a "three strikes" limitation on prisoners who have had more than three suits dismissed for being frivolous or not stating …
Mississippi Detainees Awarded Damages in Disciplinary Suit by A federal district court in Mississippi held that the due process rights of two pre trial detainees were violated when they were placed in disciplinary segregation without a hearing. The court awarded each detainee $600 in damages. The court also taxed litigation …
Article • June 15, 1997 • from PLN June, 1997
Relation Back Period Suspended during IFP Application by The court of appeals for the third circuit held that the 120 day period allowed for amending complaints under Fed.R.Civ.P. 15(c) is suspended while a district court makes an In Forma Pauperis (IFP) determination under 28 U.S.C. § 1915. Donald Urrutia, a …
On the Edge of Midnight by Mr Wolf by Mr.Wolf An extraordinary ruling by the ninth circuit court of appeals in Hook v. State of Arizona, 98 F.3d 1177 (9th Cir. 1996), brought the Arizona prison system to the brink of disaster during the 1996 holiday season. The ruling is …
Grievance Retaliation Unconstitutional by The court of appeals for the second circuit reaffirmed that prison officials violate the constitution when they retaliate against prisoners who file administrative grievances. The court discussed the standard of review in prison retaliation cases. Patrick Graham is a New York state prisoner. After prison grievance …
Article • June 15, 1997 • from PLN June, 1997
PLN Readers Dissatisfied with Freedom Press by For several years PLN ran a free ad for Freedom Press, a post-conviction paralegal service based in Virginia and headed by James Gossard. After receiving a couple of complaints about their service, PLN discontinued the ad in May of 1995. We contacted Gossard …
Article • June 15, 1997 • from PLN June, 1997
Speedy Death Penalty Provisions Enjoined in California by A federal district court in San Francisco enjoined the state of California from putting its death row prisoners onto a federal court habeas "fast track." In the August, 1996, issue of PLN we reported enactment of the Anti-Terrorism and Effective Death Penalty …
Article • June 15, 1997 • from PLN June, 1997
Filed under: Work, Prison Industries
California Slave Labor Loses Money by In California there is a prisoner work program that is supposed to save taxpayers up to $50 million a year. However, a new study has shown that taxpayers are shelling out $180,000 annually. The program generates about $340,000 a year for the state, but …
Illinois Jail Conditions Suit States Claim by The court of appeals for the seventh circuit held a district court erred in dismissing a pretrial detainee's conditions of confinement suit for failure to state a claim under Fed.R.Civ.P. 12(b)(6). The court also held it was error to dismiss defendants not properly …
Denial of Eyeglasses Violates Eighth Amendment by The court of appeals for the second circuit held that a vision impaired prisoner who is denied medically prescribed eyeglasses states a claim for violation of the eighth amendment. The court also gave some interesting comments that this case should not be confused …
Article • June 15, 1997 • from PLN June, 1997
Wisconsin RFRA Jewelry Ruling Affirmed by The court of appeals for the seventh circuit held that a prison policy prohibiting prisoners from wearing crucifixes and all other religious jewelry violated the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb. In the August, 1996, issue of PLN we reported Sasnett …
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