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Washington Prisoners Have Liberty Interest in Good Time by The court of appeals for the ninth circuit has ruled that Washington state prisoners retain a state created due process liberty interest in not losing their good time credits unless they are provided with due process at a disciplinary hearing. It …
NC Prisoners Riot in Tennessee by On October 28, 1995, more than 100 North Carolina prisoners at the Corrections Corporation of America owned private prison in Mason, TN rioted, demanding to be returned to North Carolina. The prisoners smashed toilets and sinks and knocked a hole in a dormitory wall. …
RFRA Case Set for Trial by A federal district court in Pennsylvania held that a factual dispute existed as to whether a jail's policy banning detainees from wearing religious headgear substantially burdened the exercise of religion under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b). In its ruling, …
Georgia Prisoner Strangled by Guards by On September 12, 1995, a guard at the Lee Arrendale Correctional Institution in Alto, Georgia, told 22-year-old prisoner, Samuel Rivers to clean his cell. Rivers had shredded newspapers and 'carpeted" his cell with them. When he refused to clean up the cell, five guards …
Irish POWs in the US by Most people are well aware of the fact that the British government holds hundreds of Irish Republican prisoners of war and political prisoners as a result of its efforts to crush the Irish independence movement. Less well know is the fact that Irish republican …
Article • February 15, 1996 • from PLN February, 1996
Jurors Challenge Tennessee Constitution by Two prospective jurors who were excluded from capital trials in Tennessee because of their religious objections to the death penalty have filed a temporary injunction against the state, charging that barring them violates the state constitution. They cite Article I, Section 6 of the document, …
Article • February 15, 1996 • from PLN February, 1996
Filed under: Sentencing, Good Time, Parole
ISRB Can't Change Rules to Avoid Compliance with Court Order by ISRB Can't Change Rules to Avoid Compliance with Court Order The Washington state supreme court held that the Indeterminate Sentence Review Board (ISRB, AKA the parole board), could not retroactively amend its regulations in order to deny prisoners relief. …
No Immunity for Retaliatory Discipline by The court of appeals for the fifth circuit has reaffirmed that prison officials who retaliate against prisoners who exercise their constitutional rights are not entitled to qualified immunity. The court also held that district court orders refusing to dismiss pendent state law claims are …
Article • February 15, 1996 • from PLN February, 1996
Attorney Fee Award Affirmed by The court of appeals for the District of Columbia has affirmed an attorney fee award for over $341,000 in a case involving prisoners beaten by prison guards. The appeals court held that it was entirely appropriate for public interest attorneys to be compensated under the …
Article • February 15, 1996 • from PLN February, 1996
New Jersey Takes Computers by Since about 1985 the New Jersey DOC has allowed prisoners to possess personally owned computers in their cells and for approved prisoner groups to have computers in their offices. On September 12, 1995, the NJ DOC announced that effective September 18, 1995, it plans to …
$7,639.20 Awarded in Retaliatory Transfer by Afederal district court in Iowa awarded $7,639.20 in compensatory and punitive damages to a prisoner who was transferred from an Iowa state prison to Arizona in retaliation for suing and filing grievances against Iowa prison officials. The plaintiff, Alfonso Sisneros, was largely successful on …
No Immunity for AIDS RA Claim by Afederal district court in New York has held that a state agency, the DOCS, did not enjoy immunity from suit under 29 U.S.C. § 794, the Rehabilitation Act (RA). Edward Timmons, a New York state prisoner, was wrongly diagnosed as having AIDS in …
Washington DOC Costs Policy Enjoined by Past issues of PLN have reported the ongoing efforts by the Washington attorney general's office to intimidate prisoners who file civil rights suits. Part of this strategy has included seeking costs against prisoners who lose such suits then taking every last penny from the …
Article • February 15, 1996 • from PLN February, 1996
U.S.P. Lewisburg Lockdown by On November 1, 1995, several prisoners created a disturbance in the mess hall. They took a case of soda pop and barricaded themselves into one of the dorms. They proceeded to construct a cannon, using a cue ball for a projectile. When the riot squad stormed …
Washington Court Access Suit Settled by Paul Wright In the April, 1994, issue of PLN we reported the filing of Scott v. Peterson which challenged numerous aspects of court access for Washington state prisoners. On October 31, 1995, most of the suit was settled and the settlement terms were effective …
Article • February 15, 1996 • from PLN February, 1996
CDC Hobby Shop Ruling Affirmed by In the February, 1995, issue of PLN we reported In Re Yakle , the habeas corpus petition granted by a California state Superior Court which held that Section 3100(a) of 15 California Code of Regulations, required the California DOC (CDC) to establish and maintain …
Fabricated Charges State Claim by The court of appeals for the second circuit has held that a prisoner alleging guards had planted contraband in his cell in retaliation for prior lawsuits had presented sufficient evidence to proceed to trial. The court also held that the federal § 1983 suit wasn't …
Article • February 15, 1996 • from PLN February, 1996
Suspect Peppers in LA by Clay Huff I was reading through a few old PLNs and ran across an article on page 11, Vol. 5, No. 10, (Oct. 1994) concerning pepper gas [spray]. In 1992 prisoners here at Angola [LA] bucked work call after one section [of prisoner workers] was …
Article • February 15, 1996 • from PLN February, 1996
Sandin Applied Retroactively by In the August, 1995, issue we discussed the supreme court's decision in Sandin v. Connor , 115 S.Ct. 2293 (1995) which held that states do not create a due process liberty interest in their regulations unless there is a "substantial" deprivation at issue. The first circuit …
Article • February 15, 1996 • from PLN February, 1996
An Angry White Man by C L I would like you to know that I was so offended by your editorial in the November 1995 issue that I canceled my subscription. I will not support financially or in any way be associated with a publication ran by such blatantly Europhobic …
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