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Habeas Doesn't Bar Section 1983 by Ronald Rhodes is a Kansas state prisoner. He was placed in segregation by prison officials claiming he was planning an outbreak of racially motivated violence in the prison mess hall. He was never given written notice of the grounds for placing him in segregation. …
Article • June 15, 1994 • from PLN June, 1994
Why the Mighty GE Can't Strike Out by William Greider Led by Bill Clinton, the crime fighters of Washington have hit upon a wondrous new weapon for stomping on criminals: Three crimes of violence, from armed robbery and murder, the judicial remedy will be permanent. Lock 'em up for life …
Infraction No Double Jeopardy Bar by Gene Newby and Raynaldo Barber were federal prisoners convicted in US District Court of assaulting and interfering with BOP guards. Prior to being criminally convicted they had been infracted and found guilty, in a prison disciplinary hearing, of the same charges. As a result …
Article • June 15, 1994 • from PLN June, 1994
No Court Review of Work Credit Denial by Daniel Waletzki is a federal prisoner. While imprisoned at the US Penitentiary in Terre Haute, Indiana, he worked in the kitchen. Prison officials refused to award him good time credits for meritorious job performance which would have reduced his sentence. The statute …
Atheist Challenges AA Probation Requirement by Robert Warner was convicted of drunk driving in New York state and sentenced to three years probation. One of the probation conditions was that he attend meetings of Alcoholics Anonymous (AA). Warner is an atheist and objects to compulsory attendance of AA meetings because …
Article • May 15, 1994 • from PLN May, 1994
CDC Spreads Gangs by According to the Intelligence Operations Bulletin, published by the California Attorney General's office, the California DOC's policy of trying to remove prisoners from their "negative" (i.e. city) environment is contributing to the spread of gang membership in rural areas. Cited as an example was the Los …
Article • May 15, 1994 • from PLN May, 1994
Filed under: Sentencing, Good Time, Parole
ISRB Must Follow Own Rules by Charles Cashaw was a Washington state prisoner. He filed a Personal Restraint Petition (PRP, a state habeas petition) challenging the actions of the Indeterminate Sentence Review Board (ISRB) in setting a minimum prison term to coincide with his court imposed maximum sentence. The court …
Article • May 15, 1994 • from PLN May, 1994
OK State Courts Can Hear Prison Suits by Dennis Waldon is an Oklahoma state prisoner. He was infracted and punished in a prison disciplinary hearing resulting in the loss of one hundred days of good time credits. Waldon filed a writ of habeas corpus and/or mandamus in the Alfalfa County …
Article • May 15, 1994 • from PLN May, 1994
FL Reforms Sentencing Law by Florida has built 10,729 new prison beds in the past five years yet has been unable to keep up with its growing prison population. In May of 1993 the Florida legislature passed the Safe Streets Initiative which has the goal of reducing prison overcrowding to …
BOP Suits Require Administrative Exhaustion by John Rourke is a federal prisoner. He filed suit seeking injunctive relief alleging that prison officials had denied him medical care and arbitrarily imposed disciplinary sanctions against him. The district court dismissed the suit without prejudice as frivolous, before service on the defendants, holding …
BOP Liable for Recalculating Sentence by Kent Alexander is a former federal prisoner. In 1986 he was released after serving a three year federal sentence. Eighty days later he was arrested for "violation of parole" and placed in FCI Tucson. The prison administrative systems manager, Luis Rivera, told Alexander that …
Article • April 15, 1994 • from PLN April, 1994
AZ Prisoners Have Right to Court Access by Antonio Bustamonte is an Arizona state prisoner held at the Winslow prison. In April of 1992 a riot broke out at the prison resulting in Bustamonte's housing unit being locked down. One of the consequences of the lockdown, in which prisoner's were …
Article • April 15, 1994 • from PLN April, 1994
GA Parole Rules Create Liberty Interest by Stephen Sultenfuss is a Georgia state prisoner serving sentences for two drug convictions. Under the rules of the Georgia Board of Pardons and Parole (GBPP) he should have served 10 months in prison. Disregarding their own rules the GBPP imposed a period of …
Work Release Revocation Requires Hearing by Billy Jackson was an Arkansas state prisoner. She was placed in work release but later quit her job and her parole officer could not locate her at her address of record. She was later arrested on charges of public drunkenness, returned to prison and …
Article • March 15, 1994 • from PLN March, 1994
Court Rules Suit Waiver is Not Enforceable by This case involves release-dismissal agreements where a party will agree not to sue a government agency or official and the agency in turn agrees to either drop or reduce charges against the person. In many cases prison officials will have prisoners agree …
Article • January 15, 1994 • from PLN January, 1994
Conditions Habeas Requires Administrative Exhaustion by Raleigh Irby is a prisoner at the federal Metropolitan Correctional Center (MCC) in Chicago. He petitioned the district court for release under 28 U.S.C. § 2241 (the habeas corpus statute) because he was not receiving adequate medical treatment for severe congenital disk disease. The …
Article • January 15, 1994 • from PLN January, 1994
Parole Commission Guidelines Not Ex Post Facto by The federal prisoner in this case, Noble Simpson, filed a pro se habeas corpus petition against the U.S. Parole Commission. Simpson's suit challenged, on ex post facto grounds, the Commission's application at his second parole hearing of it's guidelines which were not …
Article • December 15, 1993 • from PLN December, 1993
Ex Post Facto Conflict Within Ninth Circuit by In the October PLN we reported on the case of Powell v. DuCharme , 998 F.2d 710 (9th Cir. 1993) in which a panel of the ninth circuit court of appeals held that the ex post facto clause was not violated by …
Prosecutorial Liability Explained by Stephen Buckley sought damages, under 42 U.S.C. § 1983, from prosecutors for fabricating evidence during the preliminary investigation of a highly publicized rape and murder case in Illinois, and form making false statements as a press conference announcing the return of an indictment against him. He …
Article • December 15, 1993 • from PLN December, 1993
Filed under: Sentencing, Parole
A Call for an Investigation of the U.S. Parole Commission by Elton Winchester By Elton R. Winchester #31778-138, Leavenworth The Sentencing Reform Act (SRA) that went into effect in Novermber of 1987, abolished parole and the U.S. Parole Commission (USPC). Section 235(b)(3) of the SRA required the USPC to hear …
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