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Article • September 15, 1996 • from PLN September, 1996
Rhode Island Fee Violates Ex Post Facto by A federal district court in Rhode Island held that a DOC policy imposing a monthly supervision fee on probationers convicted before enactment of the statute allowing assessment of such fees violated the ex post facto provisions of the U.S. and Rhode Island …
Article • September 15, 1996 • from PLN September, 1996
Denial of Disciplinary Witnesses Upheld by The court of appeals for the first circuit vacated and remanded a Massachusetts district court ruling that had held that a prison policy denying witnesses from the prison's general population to segregated prisoners' disciplinary hearings was unconstitutional. Brendan McGuinness is a Massachusetts state prisoner …
Article • September 15, 1996 • from PLN September, 1996
Filed under: Classification, Transfers
Mass Transfer Madness by Willie Wisely by W. Wisely On April 1, 1996, the California Department of Corrections began the first phase of its "180/270" transfer plan for Level IV prisoners. All prisoners housed in Level IV prisons have been classified for retention in either a "180" or "270" degree …
Article • September 15, 1996 • from PLN September, 1996
Supreme Court Closes Double Jeopardy Door by Jeffrey Steinborn "Counsel, are you trying to show contempt for this court?" "No, your honor, I'm doing my best to conceal it." -- Attributed to Clarence Darrow in the Scopes "Monkey Trial" He had a point. Some days it's tough to conceal it. …
Article • September 15, 1996 • from PLN September, 1996
$43,410 in Attorney Fees Awarded in PC Case by A federal district court in New York awarded $43,410 in attorney fees to prisoners who sued over conditions in protective custody (PC) units in the New York state prison system. The litigation involved a class action suit filed by PC prisoners …
Article • September 15, 1996 • from PLN September, 1996
Warden Caught in Sex Sting by The Superintendent of Florida's Polk Correctional Institution resigned on the night of April 11, 1996, just hours after he was charged with propositioning an undercover sheriff's deputy at a local park. Evon Alexis Colchiski, 39, was one of the twenty men arrested during a …
Article • September 15, 1996 • from PLN September, 1996
BOP Phone Suit Settled by Paul Wright In the March and November, 1994 and March, 1995, issues of PLN we reported developments in Washington v. Reno, a class action suit filed by federal prisoners which challenged numerous aspects of a new phone system imposed by the Bureau of Prisons (BOP). …
Article • September 15, 1996 • from PLN September, 1996
Filed under: Work, Prison Industries
Texas Prisoners Build Their Own Cages by Texas increased its prison population over the past ten years from 37,000 to a soon-to-be 145,000. At one point, the lack of prison space kept a backlog of 35,000 state prisoners in county jails. All told, the state paid more than $650 million …
Article • September 15, 1996 • from PLN September, 1996
Asbestos Exposure Violates Eighth Amendment by The court of appeals for the ninth circuit held that exposing prisoners to asbestos violates the eighth amendment. Clarence Wallis is an Oregon state prisoner assigned to a cleanup crew. His work detail was ordered to remove asbestos hanging off pipes, without any type …
NSP Double Celling Order Vacated by The court of appeals for the eighth circuit held that a district court had to reconsider prisoners' double celling claims under the supreme court's ruling in Farmer v. Brennan, 114 S.Ct. 1970 (1994). This case arises from a class action suit filed by prisoners …
Article • September 15, 1996 • from PLN September, 1996
Washington Death Row Prisoners Get Habeas TRO by In the August, 1996, issue of PLN we reported the passage of the Anti-Terrorism and Effective Death Penalty Act of 1996 (habeas law). One of the new law's provisions is that it has an option whereby a state's death penalty cases can …
Pro Se Tips and Tactics by John Midgley In the June issue of PLN, I discussed the defense of so-called "qualified immunity" that is available to public officers and employees sued under 42 U.S.C. § 1983. This companion column discusses the other kind of immunity you may run into, so-called …
Article • September 15, 1996 • from PLN September, 1996
Filed under: Court Access
Elizabeth Alexander Named Director of ACLU National Prison Project by The American Civil Liberties Union has announced that Elizabeth Alexander was appointed director of its National Prison Project, which has been in the forefront of the battle for prisoners' rights for 25 years. She succeeds Alvin J. Bronstein, who had …
Article • September 15, 1996 • from PLN September, 1996
Job Denial Based on HIV Status May Violate ADA by A federal district court in Florida held that a jail's denial of trustee status to an HIV+ prisoner would violate the Americans with Disabilities Act (ADA) 42 U.S.C. 12131. Johnnie Dean was held in the St. Lucie County jail when …
Article • September 15, 1996 • from PLN September, 1996
Florida Utilities Commission Refunds Phone Kickbacks by The June, 1996, issue of PLN reported that the contract to provide phone services to Florida state prisoners was awarded without competitive bidding in circumstances strongly suggesting corruption. Since 1987 Florida prisoners have been allowed to make collect calls to friends and families, …
IMU Placement Implicates Due Process by The court of appeals for the ninth circuit held that an Oregon prisoner's transfer to an Intensive Management Unit (IMU) control unit may violate due process if done without procedural due process. The court also held that several control unit conditions stated a claim …
Article • September 15, 1996 • from PLN September, 1996
Filed under: Money/Property, Forfeiture
Iowa State Court Rules on Forfeiture by Michael Brant The Iowa supreme court recently ruled that civil forfeiture of cash proceeds from illegal drug sales was not punishment for double jeopardy application, reversing the district court's decision that dismissed the state prosecution of a drug charge, since it occurred after …
Article • September 15, 1996 • from PLN September, 1996
Filed under: Crime/Demographics, Crime
From the Home Front by Kate I've been receiving PLN for a year now. I appreciate your work on behalf of prisoners and for the cause of truth telling in our society. PLN is a righteous satisfaction to read. Your editorials are especially excellently written, intelligent, articulate, radical and sane. …
Article • September 15, 1996 • from PLN September, 1996
Filed under: Excessive Force, Shootings
Armed Guards in Illinois by J.M. In the article entitled No Specific Intent Required for 8th Amendment Claim [PLN Vol. 7 No. 3], you stated that to the best of [your] knowledge, Nevada and California are the only prisons which station armed guards within their housing units. Please be advised …
Article • September 15, 1996 • from PLN September, 1996
The Price of Freedom by B.E. The Vermont DOC and its planning director Mr. John Perry, have developed a plan for charging all probationers, those under house arrest or on parole, and those who are under conditions of release of one form or another, to pay the Vermont DOC $30 …
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