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PI Granted in Haircut Claim by A federal district court in Kentucky granted a motion for a Preliminary Injunction (PI) to a Hasidic Jew whose claimed his religious beliefs were violated when prison officials forced him to cut his hair. Several Kentucky state prisoners in Protective Custody (PC) filed suit …
Article • October 15, 1996 • from PLN October, 1996
Texas Parole Rules on Litigants and Victim Statements Enjoined by A federal district court in Texas issued an extensive injunction prohibiting the Texas Board of Pardons and Paroles (TBPP) from taking into account either a prisoner's litigation history or unverified protest statements which oppose a prisoner's parole in making parole …
Article • October 15, 1996 • from PLN October, 1996
Pepper Spray Unsafe? by COPWATCH, a citizens' group in Berkeley, CA, has noted an increase of in-custody deaths, and has pointed to pepper spray as possibly causing or contributing to those deaths. According to Berkeley Police Department Captain Doran, however, police officials consider pepper spray a safe alternative to firearms …
Article • October 15, 1996 • from PLN October, 1996
Indigents Entitled to Full Credit for Pretrial Detention by The court of appeals for the tenth circuit held that a defendant who is incarcerated prior to trial due to indigency (unable to afford bail) must be given full credit towards the minimum and maximum sentences he is convicted of. James …
Right to Witnesses and Court Access Well Established by A federal district court in Kansas held prisoners had a well established rights in 1984 to call witnesses at disciplinary hearings and to be free from retaliation for exercising their right of access to the courts. Jerry Smith, a Kansas state …
Jail Guards File Suit by Five jail guards, disciplined for throwing a blanket over the head of a mentally ill detainee and choking him into a coma, have sued the Santa Clara (Calf.) County Department of Correction and its two highest officials, claiming that they were unjustly scapegoated. The lawsuit, …
Article • October 15, 1996 • from PLN October, 1996
Smoke and Mirrors by Review by George Everett Smoke & Mirrors has less to do with drugs than it does with the true casualties of the long-fought War on Drugs -- the many civil liberties that all of us have lost, especially in the last decade, as federal policy has …
Article • October 15, 1996 • from PLN October, 1996
De Novo Review Required of Magistrate's Report by The court of appeals for the eighth circuit held that a district court's erroneous statement that no objections had been filed to a magistrate's report and recommendation constituted prima facie evidence that the district court did not perform the requisite de novo …
Court Okays Disclosure of AIDS Status by The court of appeals for the seventh circuit held that prison officials may casually disclose a prisoner's AIDS status to other prisoners and staff but that denying barber services is unconstitutional. Dennis Anderson was an Illinois state prisoner with AIDS. The prison warden …
Attorney Fees Awarded for Opposing Motion to Vacate by The court of appeals for the fifth circuit affirmed a district court's award of almost $38,000 in attorney fees to class counsel for opposing a jail defendant's motion to vacate a consent decree. In 1978 prisoners at the Madison County jail …
Article • October 15, 1996 • from PLN October, 1996
Attica: Looking Back 25 Years by Jaan Laaman [Editor's Note: Jaan Laaman, Ohio-7 political prisoner, served time at Attica in 1971 and is currently incarcerated at U.S.P. Leavenworth. Due to a shooting and prison lockdown, this 25-year anniversary article is being published a month late. The Attica uprising occurred in …
Article • October 15, 1996 • from PLN October, 1996
Filed under: PLRA, Attorney Fees (PLRA)
Correction by In the July, 1996, issue of PLN we reported Prison Litigation Reform Act Passed. On page three we incorrectly stated that the PLRA limits attorney fees to $40 an hour for out of court work. The PLRA limits attorney fee recovery to 150% of the amount set in …
Cause of Action Accrues on Disciplinary Reversal by The court of appeals for the second circuit held that the statute of limitations for a § 1983 action does not begin to run until a prisoner has successfully challenged the disciplinary hearing in state court. Theodore Black is a New York …
Article • October 15, 1996 • from PLN October, 1996
No Right to Assistance in Family Law by The court of appeals for the sixth circuit held that prison officials are under no obligation to provide prisoners with the assistance of counsel in child custody cases. This is the latest installment in the ongoing saga of Glover v. Johnson, a …
Retaliation for Grievance Committee Participation Requires Trial by A federal district court in New York held that a prisoner who serves on a prison grievance committee cannot be retaliated against for assisting other prisoners in filing grievances. Jeffrey Alnutt, a New York state prisoner, filed suit claiming his first amendment …
No FLSA Protection for Work Release Prisoners by The court of appeals for the fifth circuit held that neither the Federal Fair Labor Standards Act (FLSA) nor Louisiana law offered relief to a work release prisoner challenging a contractual provision requiring he contribute ten percent of his net earnings to …
Alleged Work Refusal Requires Trial by The court of appeals for the second circuit held that a district court erred when it disregarded a prisoner plaintiff's affidavit that he had not refused a work assignment. The court also declined to decide whether state prisoners have a federal liberty interest when …
Missouri Haircut Rule Upheld under RFRA by Missouri Haircut Rule Upheld Under RFRA The court of appeals for the eighth circuit reversed a federal district court ruling which had held that a Missouri DOC rule requiring prisoners to have short hair and banning sweat lodges violated the Religious Freedom Restoration …
Article • October 15, 1996 • from PLN October, 1996
Prisoner Testimony Must Be Considered in Spears Hearing by The court of appeals for the fifth circuit held that a district court abused its discretion when it heard a prisoner's testimony during a Spears hearing and then disregarded it and dismissed the complaint. Danny Eason, a Texas state prisoner, filed …
Article • October 15, 1996 • from PLN October, 1996
Complaint Can't Be Dismissed if Partial Filing Fee Paid by The court of appeals for the second circuit held that district courts cannot require indigent litigants to pay a partial filing fee and then dismiss their complaints as frivolous under 28 U.S.C. § 1915(d). Jerry Hughes, a New York state …
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