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Article • March 15, 1997 • from PLN March, 1997
Filed under: Excessive Force, Shootings
Strife in Pleasant Valley by N.H. In August and September of 1996, Pleasant Valley State Prison (PVSP, in California) had several incidents resulting in shots fired at unarmed prisoners. Three incidents on C yard with at least one serious bullet wound to a black prisoner. There are four level three …
New Triad by Pierre Duterte Some death row prisoners who have been executed attain celebrity. We have all heard about the Rosenbergs, Carryl Chessman's name comes to mind, Gary Gillmore also. But do you know Joseph Paul Jernigan? No? Come on, if I tell you CD-Rom disk ... Internet ... …
Reach Out and Bilk Someone by Florida DOC officials were found in 1995 to have fraudulently awarded a contract to North American Intelicom (NAI) to provide "inmate telephone services" to 35 Florida state prisons. Rival communications company MCI filed a protest because they were not awarded the contract, even though …
Article • March 15, 1997 • from PLN March, 1997
Third Circuit: PLRA Doesn't Apply to Mandamus by The court of appeals for the third circuit held that the filing fee provisions of the Prison Litigation Reform Act (PLRA) do not apply to writs of mandamus. Ronald Madden, a Tennessee state prisoner, filed a habeas corpus petition challenging his extradition …
Article • March 15, 1997 • from PLN March, 1997
No Remedy for State Law Violations in Washington Disciplinary Hearings by The Washington state court of appeals for Division I held that prisoners challenging a disciplinary hearing must show actual and substantial prejudice before they are entitled to relief under a Personal Restraint Petition (PRP). In In Re Cashaw, 123 …
Article • March 15, 1997 • from PLN March, 1997
5th Circuit: PLRA Doesn't Apply to Habeas by Joining the second, third and seventh circuits the court of appeals for the fifth circuit held that the filing fee provisions of the PLRA do not apply to habeas corpus actions. Ralph Cole, a federal prisoner, sought permission to appeal the denial …
No Service on US Required for Bivens Claim in Work Injury Suit by The court of appeals for the ninth circuit held that plaintiffs suing federal officials solely in their individual capacities do not need to serve the complaint on the United States. John Vaccaro is a federal prisoner with …
Article • March 15, 1997 • from PLN March, 1997
Making Slave Labor Fly: Boeing Goes to Prison by Paul Wright With the repeal of welfare, some political opportunists and right-wing pundits are turning their sights on questions of law and order in general and prison "reform" in particular. They are starting to push Congress to impose the same solution …
Article • March 15, 1997 • from PLN March, 1997
California Bans Media Interviews with Prisoners by Willie Wisely California Governor Pete Wilson issued an executive order banning face to face media interviews with prisoners. The ban comes at a time when most civil rights for the state's 142,000 prisoners have been taken and violence is on the rise in …
Article • March 15, 1997 • from PLN March, 1997
Congress Bans Porn in Federal Prisons by Paul Wright With little notice and no fanfare on September 30, 1996, president Clinton signed into law the mammoth Omnibus Consolidated Appropriations Bill, PL 104-208, which is the federal government's budget. Section 614 of the law states: "None of the funds made available …
Article • March 15, 1997 • from PLN March, 1997
No Immunity for Kidney Transplant Denial by The court of appeals for the ninth circuit held it lacked jurisdiction to hear prison doctors' interlocutory appeal that they were entitled to qualified immunity for denying a prisoner on dialysis a kidney transplant. Raymond Jackson, a California state prisoner, filed suit claiming …
Article • March 15, 1997 • from PLN March, 1997
Litigant Entitled to Summary Judgment Notice by The court of appeals for the ninth circuit has reaffirmed that a district court which transforms a motion to dismiss into a motion for summary judgment by considering matters outside the pleadings must give the opposing party proper notice. Charles Anderson is a …
Article • March 15, 1997 • from PLN March, 1997
Case Closed After 24 Years by by Ronald Del Raine, Leavenworth, KS [Editor's Note: This is the oldest running prison case that PLN is aware of. Talk about frivolous litigation?! How much money did the government spend dragging this through the courts for more than two decades?] In November 1972, …
Article • March 15, 1997 • from PLN March, 1997
A Matter of Fact by The Maryland State Police Drug Interdiction Squad, an all white unit, has been warned by senior state police officials to be "impartial" after the Associated Press reported that 75 percent of the drivers stopped and searched on Interstate-95 are black. More than 90 percent of …
Article • March 15, 1997 • from PLN March, 1997
Canteen Corp. Info Wanted by Anthony Palacioz The Canteen Corporation of North Carolina has a five-year contract with Kansas to provide food services state-wide. After mere months in operation, Canteen Corp. has caused trouble by starving Kansas prisoners and serving shit for food. [See: "Un-Happy Meals in Kansas," PLN Vol.7 …
Article • March 15, 1997 • from PLN March, 1997
Pro Se Tips and Tactics (Injunctive Relief) by John Midgley In many cases in which a prisoner or group of prisoners is suing over bad prison conditions or practices, the prisoners want an injunction, that is, an order to require state officials to stop violating constitutional rights. This column briefly …
Article • March 15, 1997 • from PLN March, 1997
Filed under: News, News in Brief
News in Brief by Albania: On January 26, 1997, two prisoners were killed in a riot at the Bardhor jail as part of a wave of protests that swept the small Balkan nation as pyramid savings schemes collapsed. At the jail prisoners set fire to their cells and battled guards …
Detainee Excessive Force Jury Instructions Reversed by The court of appeals for the seventh circuit held that a district court erred when it instructed a jury on jail guards' good faith immunity defense. Anyone bringing an excessive use of force involving pretrial detainees to trial will find this case helpful. …
Article • March 15, 1997 • from PLN March, 1997
From the Editor by Dan Pens Welcome to another issue of PLN. I just finished typing this month's installment of "A Matter of Fact" (AMF), something I enjoy immensely. Since we started this feature last year, it has received mixed reviews. Readers have said it was a "waste of space," …
Article • March 15, 1997 • from PLN March, 1997
From the Editor by Dan Pens Welcome to another issue of PLN. I just finished typing this month's installment of "A Matter of Fact" (AMF), something I enjoy immensely. Since we started this feature last year, it has received mixed reviews. Readers have said it was a "waste of space," …
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