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Private Prison Executive Sentenced in Fraud Scheme by In 1993 Clifford Todd, 68, was chairman of Kentucky based U.S. Corrections Corporation, a private prison firm. In March of this year he was sentenced by a federal judge to a 15-month prison term. Todd pleaded guilty to mail fraud last year …
Warden Liable for Prison Rape by The court of appeals for the sixth circuit held that supervisory prison officials can held liable under the eighth amendment when they ignore the risk of sexual assault to vulnerable prisoners that are later raped. Timothy Taylor is a Michigan state prisoner who is …
Newell Superseded by In the April, 1996, issue of PLN we reported Newell v. Sauser, 64 F.3d 1416 (9th Cir. 1995) which held that Alaska prison officials were not entitled to qualified immunity for infracting a prisoner who had another prisoner's legal papers in his cell. On March 11, 1996, …
New Jersey Jail Guards Indicted in Beating Death by Analdo Ortega was being held in the Hudson County, N.J., Jail in March of 1989 awaiting trial on burglary charges. According to court testimony, Ortega asked for a blanket and that triggered the anger of some of his captors. Shortly thereafter …
Cavity Search in Public States Claim by The court of appeals for the tenth circuit held that strip searches by members of the opposite gender may violate the fourth amendment. Willie Hayes, a Colorado state prisoner, filed suit claiming his fourth, eighth and fourteenth amendment rights were violated when he …
Article • July 15, 1996 • from PLN July, 1996
Filed under: Reviews, Visiting
Visiting in Prison (Video) by Double Justice: a Documentary Film About Race and the Death Penalty This is a 19 minute video tape produced by the ACLU's Capital Punishment Project. The film places the legal imposition of the death penalty in the US in the historical context of American slavery …
Alaska Prisoner Has Right to Call Witnesses at Hearing by The Alaska supreme court held that refusing to allow a prisoner to call witnesses and to question the accusing staff member at a prison disciplinary hearing violated the prisoner's due process rights. Mattfi Abruska is an Alaska state prisoner. He …
Muslim Can't Be Punished for Refusal to Handle Pork by The court of appeals for the eighth circuit held that a district court erred when it granted prison officials qualified immunity for punishing a Muslim prisoner who refused to handle pork. Roosevelt Hayes is an Arkansas state prisoner and a …
Washington Legislation Passed by The Washington legislature was in session for a mercifully short 60 day session between January and March, 1996. In that period several hundred anti-prisoner and anti-defendant bills were introduced, at a cost of $1,500 each. While several passed the legislature about half of those passed were …
Article • July 15, 1996 • from PLN July, 1996
Minnesota Prisoners Strike for Minimum Wage by [The March 21 issue of Workers World reported that "a struggle exposing super-exploitation of prison labor has broken out at the Oak Park Heights Correctional Facility in Minnesota." The following account is excerpted from that article. Readers may note that Minnesota prisoners have …
Article • July 15, 1996 • from PLN July, 1996
Filed under: Medical, Brain Injury, ENT, Damages
$1.44 Million for Medical Indifference by On April 5, 1996, a Denver, Colorado district court jury awarded former prisoner Arthur Nieto $1.44 million in damages against Colorado state prison officials for showing deliberate indifference to his serious medical needs. According to the evidence proved at trial, Nieto was imprisoned at …
Article • July 15, 1996 • from PLN July, 1996
Filed under: Work, Prison Industries
Furniture Manufacturers Threatened by UNICOR by Small furniture manufacturers say they could be driven out of business by a rival they simply can't compete with: the government-owned Federal Prison Industries, Inc. (FPI). The corporation uses the trade name UNICOR and "employs" prison labor in federal prisons to manufacture furniture for …
Failure to Protect States Claim by The court of appeals for the fifth circuit held that a district court erred in dismissing as frivolous a suit by a prisoner claiming his eighth amendment rights were violated when they failed to protect him from attack by other prisoners. Billy Horton, a …
Prison Litigation Reform Act Passed by Paul Wright On April 27, 1996, president Clinton signed the Prison Litigation Reform Act (PLRA) into law attached as a rider to the budget for the Justice Department. The PLRA is the culmination of a lengthy campaign waged by prisoncrats and the National Association …
Article • July 15, 1996 • from PLN July, 1996
Jail Detainee's Court Access Right Violated by A federal district court in Pennsylvania held that pretrial detainees retain a right of access to the courts. Charles Turiano, a PLN subscriber, filed suit under 42 U.S.C. § 1983 claiming his right of access to the courts was violated when he was …
Attorney Fees Awarded in Death Row Brutality Case by A federal district court in South Carolina awarded a prisoner's attorney $29,516.50 in attorney fees and $1,856.17 in costs pursuant to 42 U.S.C. § 1988. Cecil Lucas is a death row prisoner in South Carolina. After becoming drunk and combative with …
No Right to Wages Under Interstate Compact by No Right to Wages under Interstate Compact The court of appeals for the eighth circuit held that neither the Interstate Corrections Compact nor Missouri state law required that Missouri prisoners held out of state be paid for their labor. Kenneth Jennings was …
Article • July 15, 1996 • from PLN July, 1996
Prisoner Accounts Add Up to Millions by The U.S. prison population has tripled in the last fifteen years and now stands at well over a million. But the number of bodies is not the only statistic that has grown. According to the Newhouse News Service, 1995 saw record sums of …
Article • July 15, 1996 • from PLN July, 1996
No Immunity for Washington Religious Name Retaliation by The court of appeals for the ninth circuit held that prisoners have a clearly established right to use legally adopted religious names and prison officials were not entitled to qualified immunity for violating that right. The court also held such prisoners did …
New York Work Release Creates Liberty Interest by A federal district court in New York held that prisoners retain a due process liberty interest in remaining in work release. Quentin Hollingsworth, a New York state prisoner, was participating in a work release and home furlough program while nearing the end …
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