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Article • May 15, 1997 • from PLN May, 1997
Matter of Fact by [Editor's Note: all of this month's facts were gleaned from one source: "Intended and Unintended Consequences: State Racial Disparities in Imprisonment," a January, 1997, report of The Sentencing Project. Copies of this 25-page report are available for $8 from: The Sentencing Project; 918 F St., NW, …
TRO Granted in DC Smoking Suit by A federal district court in the District of Columbia granted a Temporary Restraining Order (TRO) requiring non-smoking D.C. prisoners to be moved to non-smoking quarters and for D.C. DOC officials to enforce prison no smoking policies by disciplining guards and prisoners who violate …
Article • May 15, 1997 • from PLN May, 1997
Indiana Muslim Consent Decree Vacated under PLRA by A federal district court in Indiana applied the Prison Litigation Reform Act (PLRA) to immediately terminate a consent decree judgment governing prisoners' religious rights. In 1982 prisoners at the Indiana State Prison entered into a consent decree with prison officials to settle …
Article • May 15, 1997 • from PLN May, 1997
Update on Washington Money Seizure Suit by Paul Wright In the June, August and December, 1996, issues of PLN we reported the history and developments in Wright v. Riveland, the Washington class action lawsuit challenging the legality of RCW 72.09.480, a state statute that allows the DOC to seize 35% …
Article • May 15, 1997 • from PLN May, 1997
Ninth Circuit Affirms BOP Sentence Reductions by The court of appeals for the ninth circuit affirmed a district court granting of habeas relief to a federal prisoner who had been denied a one year sentence reduction after completing a drug treatment program. This also implicates two other district court cases …
Illinois DOC Phone System Upheld by A federal district court in Illinois held that the phone system used in the Illinois DOC does not violate the first amendment. Four Illinois state prisoners at the Western Illinois Correctional Center (WICC) filed suit against several prison officials and AT&T claiming the prison …
Article • May 15, 1997 • from PLN May, 1997
No Care for STD Violates Eighth Amendment by A federal district court in Texas held that a jail prisoner had stated a claim for violation of his eighth amendment right to medical treatment when he was not provided with medical treatment for a Sexually Transmitted Disease (STD) he had sought …
Article • May 15, 1997 • from PLN May, 1997
Democracy, Racism and Disenfranchisement by One in seven black men are currently or permanently prevented from voting because they are imprisoned or are ex-felons, according to a report released in January, 1997, by the Sentencing Project in Washington DC. There are an estimated 10.4 million voting age black men in …
Article • May 15, 1997 • from PLN May, 1997
PLRA Confuses Courts; Applies Only to Prisoners by To illustrate how poorly written the PLRA is, the court of appeals for the sixth circuit held that 28 U.S.C. § 1915 still "allows individuals who are not prisoners to litigate a case without the prepayment of filing fees." In their haste …
Article • May 15, 1997 • from PLN May, 1997
Should Prisoners Have the Right to Strike? Some Union Leaders Say "Yes!" by Phil Wilayto Should Prisoners Have the Right to Strike? Some Union Leaders Say "Yes!" by Phil Wilayto On Feb. 17, 1997, the Executive Council of the AFL-CIO opened its annual mid-winter meeting in Los Angeles. As the …
Article • May 15, 1997 • from PLN May, 1997
Notes from the Unrepenitentiary: " Schooling the generations in the politics of prison" by Laura Whitehorn Twentieth century prison conditions are like the conditions of slavery. Plantation owners prevented rebellion by denying the humanity of the Africans they enslaved; prisoners are dehumanized in San Quentin, Parchman Farm, and prisons all …
Article • May 15, 1997 • from PLN May, 1997
New Jersey Prison Guard Recruiting for KKK by State and federal authorities launched an investigation in 1996 to probe the extent of the Ku Klux Klan involvement at New Jersey's Bay State Prison. On June 5, 1996, the New Jersey DOC fired Wayne Keller, 45, who was described by a …
$1.65 Million Jury Verdict in Cell Assignment Case Affirmed by The court of appeals for the seventh circuit affirmed a jury verdict against prison official defendants finding that they were deliberately indifferent to a prisoner's safety by leaving him in a cell with a mentally ill prisoner who later tried …
Qualified Immunity for Infraction Suit by The court of appeals for the eighth circuit held that a district court erred when it found prison officials liable and awarded a prisoner damages after the court found no evidence supported a disciplinary committee's finding of guilt. The court also held that prisoners …
Article • May 15, 1997 • from PLN May, 1997
Texas Prisoners Get Second-Rate Doctors by Texas prisons have become a refuge for several doctors with troubled pasts. The Dallas Morning News identified eight physicians working in state prisons after having been disciplined by medical review boards. The state of Michigan in June 1990 revoked Dr. Robert A. Komer's medical …
Article • May 15, 1997 • from PLN May, 1997
Virginia Warden Stabbed by Dan Pens In the December 1996 issue of PLN we reported, "Botched Escape Sparks Rebellion," about an attempted escape and prison uprising at the Nottoway Correctional Center in Virginia. Cited in that article was the high level of tension in the Virginia prison system due, in …
Consent Decrees Create Enforceable Right by A federal district court in South Carolina held that a consent decree created an enforceable due process right and a prisoner's § 1983 claim for violation of the consent decree was not barred by Sandin v. Conner, 115 S.Ct. 2293 (1995). As court's explore …
RFRA Allows Redaction of Religious Publication by The court of appeals for the eleventh circuit held that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb, is not violated when prison officials censor only portions of a religious publication. This is the first eleventh circuit ruling to interpret the …
Article • May 15, 1997 • from PLN May, 1997
California PIA Employees Lose Minimum Wage Suit by The court of appeals for the ninth circuit affirmed dismissal of a suit by California Prison Industrial Authority (PIA) prisoners who filed suit claiming they were entitled to the minimum wage under the Federal Fair Labor Standards Act (FLSA), 29 U.S.C. § …
PLRA Codifies Injunction Standards in Conditions Case by In the December, 1995, issue of PLN we reported Smith v. Arkansas DOC, 877 F. Supp. 1296 (ED AR 1995) in which the district court ordered increased staffing levels in open bay barracks prisons in Arkansas. The defendants appealed and the eighth …
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