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PI Granted on Winter Clothing Claim by Afederal district court in New York granted a preliminary injunction ordering prison officials to provide segregation unit prisoners with winter clothes in order for them to have access to outdoor exercise. Ronald Davidson, a New York state prisoner, filed suit challenging the inadequacy …
Article • December 15, 1996 • from PLN December, 1996
Motive in Denying Due Process Irrelevant by The court of appeals for the sixth circuit held that prison officials are liable for keeping a prisoner in administrative segregation without a hearing if they acted intentionally or with deliberate indifference; their motive in doing so is irrelevant. Gregory Howard, a Michigan …
Article • December 15, 1996 • from PLN December, 1996
PLRA Not Applicable to Appeals Filed before Passage by The court of appeals for the second circuit held that the Prison Litigation Reform Act's (PLRA) fee provisions did not apply to appeals submitted prior to its passage. The court also held that summary judgment rulings must be properly supported by …
Article • December 15, 1996 • from PLN December, 1996
Pro Se Tips and Tactics by John Midgley Prisoners who challenge jail or prison conditions or practices in a pro se lawsuit should be aware of the possibility of turning the case into a class action. In deciding whether to seek class treatment, you should consider both whether your case …
Article • December 15, 1996 • from PLN December, 1996
Black Prison Movements by Review by Daniel Burton-Rose This impressive offering from the Network of Black Organizers (NOBO) provides coverage of many of the issues confronting Black and New Afrikan prisoners and their outside communities. A large portion of the writings are by political prisoners and POWs past and present, …
Article • December 15, 1996 • from PLN December, 1996
PLRA Not Retroactively Applicable to Special Masters by A federal district court in California held that the Prison Litigation Reform Act's (PLRA) provisions limiting the source and amount of payment to special masters appointed to monitor compliance with court orders did not apply to special masters appointed prior to the …
Article • December 15, 1996 • from PLN December, 1996
PLRA Stay Provision Held Unconstitutional by In two separate rulings different judges in Michigan held that the stay provisions of the Prison Litigation Reform Act (PLRA), codified at 18 U.S.C. § 3626(e) are unconstitutional. Among the PLRA's provisions to section 3626(e) which provides that "Prospective relief subject to a pending …
Article • December 15, 1996 • from PLN December, 1996
Iowa DOC Shake-Up by Michael Brant The Iowa DOC administration under director Sally Chandler Halford is taking a "get tough" position against prisoners. Up for a tough reconfirmation next year by the senate, the director plans to shake-up the whole system in the wake of recent incidents within the Iowa …
Article • December 15, 1996 • from PLN December, 1996
Filed under: Sentencing, Three Strikes
Analysis of People v. Romero by On June 20, 1996, the California Supreme Court decided People v. Romero (1996) 13 Cal.4th 497, 917 P.2d 628, 65 USLW 2017, 96 Daily Journal DAR 7229. The question posed in the case was whether trial judges retained discretion to strike prior felony convictions …
Article • December 15, 1996 • from PLN December, 1996
A Matter of Fact by There are 1.5 million private security guards employed in the U.S., outnumbering police three to one. Communities, individuals, and businesses spent $52 billion on private security in 1990, twice the amount of tax revenues going to police. The crime rate dropped 4 percent overall in …
Article • December 15, 1996 • from PLN December, 1996
Attorney Fees Awarded in Smoking Suit by A federal district court in Nebraska awarded a prisoner plaintiff $8,346 in attorney fees and $2,952 in expenses in a suit challenging Nebraska state prisoners' exposure to Environmental Tobacco Smoke (ETS, also known an second hand smoke). This to the first published case …
Article • December 15, 1996 • from PLN December, 1996
Transportation Costs Can't Be Imposed on Losing Plaintiffs by The court of appeals for the seventh circuit affirmed a district court ruling holding an unsuccessful prisoner plaintiff was not liable for costs incurred in transporting him and his witnesses to trial. Bill Sampley, a PLN supporter, and Michael Holland are …
Article • December 15, 1996 • from PLN December, 1996
Hungry for Justice in L.A. Jail by More than 50 detainees at the Men's Central Jail in Los Angeles participated in a hunger strike, protesting a lack of legal reference materials and law library access, in August 1996. The hunger strike appears to have been confined to one section of …
Article • December 15, 1996 • from PLN December, 1996
Filed under: News, News in Brief
News in Brief by CA: Former L.A. Rams cornerback Darryl Henley and Metropolitan Detention Center (MDC) guard Rodney Anderson were indicted in June, 1996, on charges of conspiring to kill federal judge Gary Taylor and former Rams cheerleader Tracy Donoho. The indictment states that Anderson smuggled a cellular phone into …
Article • December 15, 1996 • from PLN December, 1996
Texas Guard Cleared in Controversial Shooting by Last month PLN reported "In Harm's Way: Texas Prisoner Killed," about the fatal shooting of 21-year-old prisoner Daniel Miguel Avellaneda by 35-year-old French Robertson Unit prison guard Neal Harms. Six weeks and one day after the July 8 shooting, a Jones County grand …
Article • December 15, 1996 • from PLN December, 1996
From the Editor by Dan Pens Welcome to another issue of PLN . If you read these editorials often, you've no doubt noticed that we usually mention that PLN is entirely reader supported and we need donations from you. Somehow you always manage to send "just enough." And we manage …
Brief • December 11, 1996
Crofton v. Ocanaz, WA, Order re: Cross MSJ, Publication Censorship, 1996 r II 1 ....: ~ 2 .... ' --_ .._---- ---- 3 _. 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON 8 CLAYTON CROFTON, 9 Plaintiff, 10 11 v. ) ) ) ) ) ) …
Article • November 15, 1996 • from PLN November, 1996
Filing Fee Requirement Not Retroactive by The court of appeals for the tenth circuit held that the Prison Litigation Reform Act (PLRA) did not have retroactive effect as applied to filing fees for indigent litigants. David White, a Colorado state prisoner, filed suit after he was denied access to a …
Article • November 15, 1996 • from PLN November, 1996
The Pelican Bay Factor by Abdul Olugbala Shakur [Editors' Note: The author submitted this manuscript in May of 1996. Because of our article backlog and space limitations we are only now printing it. The issues outlined in this article, however, have since received coverage in the mainstream press. We regret …
Article • November 15, 1996 • from PLN November, 1996
Louisiana Prison System Back Under Court Supervision by The court of appeals for the fifth circuit affirmed a district court order which vacated a prior order terminating the court's jurisdiction over a consent decree governing the Louisiana prison system. In doing so the appeals court held that the Prison Litigation …
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