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Article • May 15, 2007
Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge by Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge Florida's First District Court of Appeals has held that a Florida law does not allow an indigent prisoner to be assessed a lien on his …
Article • May 15, 2007 • from PLN May, 2007
Florida DOC Liable for Legal Copy Costs Not Repaid by The Circuit Court for Leon County, Florida, on October 4, 2006, awarded a Florida Department of Corrections (FDOC) prisoner $1,030 in damages and court costs in an action seeking recovery of the cost of legal copies made for the prisoner. …
Indianapolis’ Sex Offender Ordinance Banning Presence in Public Places with Children Enjoined by Indianapolis' Sex Offender Ordinance Banning Presence in Public Places with Children Enjoined An Indiana federal district court has granted a preliminary injunction to the plaintiffs in an action challenging a City of Indianapolis ordinance that bans sex …
Article • May 15, 2007 • from PLN May, 2007
Habeas Hints: Retroactivity-Cunningham and Beyond by Kent A. Russell by Kent Russell This column is intended to provide ?habeas hints? to prisoners who are considering or handling habeas corpus petitions as their own attorneys (?in pro per?). The focus of the column is habeas corpus practice under AEDPA, the 1996 …
$143,774.55 Attorney Fee and Costs Award in New York EMSA Suit by Matthew Clarke by Matthew T. Clarke On May 16, 2006, a New York federal district court magistrate recommended awarding $143,774.55 in attorney fees and costs to the attorneys who represented a prisoner in a civil rights action. Byron …
Article • May 15, 2007 • from PLN May, 2007
Washington State Waits Too Long to Collect Restitution by Division 2 of the Washington State Court of Appeals has vacated a restitution order imposed in a criminal case because the state took no action to secure payment for over 10 years. On June 26, 1986, Daniel Sigo pled guilty to …
Eleventh Circuit Remands ADA and Section 1983 Claims for Amended Complaint by John Dannenberg Eleventh Circuit Remands ADA and § 1983 Claims for Amended Complaint by John E. Dannenberg In two similar cases, the Eleventh Circuit U.S. Court of Appeals issued orders remanding prisoner complaints of Georgia?s violations of Title …
Article • May 15, 2007 • from PLN May, 2007
Missouri Elective Abortion Ban Ruled Unconstitutional In Class Action by A federal court in Missouri held in a class action lawsuit that a prison policy barring elective abortions was unconstitutional and invalid. The Missouri Department of Corrections (DOC) and its medical provider, Correctional Medical Services (CMS), routinely transported women prisoners …
Article • May 15, 2007 • from PLN May, 2007
Washington DOC Settles Open Records Suit for $15,000 by On May 1, 2006, the State of Washington agreed to pay prisoner Allan Parmelee $15,000 to settle a lawsuit stemming from the Department of Corrections (DOC) refusal to provide him with records he had requested under the Public Disclosure Act (PDA), …
Article • May 15, 2007 • from PLN May, 2007
$128,000 Cost Fee Against Former Angolite Editor Reversed by Louisiana?s Third Circuit Court of Appeals has reversed a trial court?s order imposing a $128,000 court cost fee assessed against award winning former prison journalist Wilbert Rideau. PLN previously reported on Rideau?s release. Rideau is best known for his work as …
Article • May 15, 2007 • from PLN May, 2007
Prosecutors Check Prospective Jurors’ Background, Hoping to Disqualify Them by Prosecutors Check Prospective Jurors' Background, Hoping to Disqualify Them An Ohio murder case has exposed a new tactic that prosecutors are using to disqualify potential jurors -- the use of a federal criminal records database to run background checks. Timothy …
From the Editor by Paul Wright This issue marks PLN?s 17th anniversary and our 205th issue since we first started publishing in May, 1990. This makes PLN the longest published, by far, independent prisoner publication in US history. About 95% of PLN?s articles remain written by current or former prisoners …
PLN Uncovers Secret Sweetheart Settlement Between PRIDE and Former Board Members by David Reutter by David M. Reutter In its continual effort to expose corruption within prisons, PLN has uncovered the confidential settlement between Florida?s Prison Rehabilitation Industries and Diversified Industries (PRIDE) and the corporations spawned by its former directors? …
Article • May 15, 2007
Ban on Muslim Literature Struck Down by A federal district court in California struck down as unconstitutional a California Department of Corrections ban on the Nation of Islam newspaper "Muhammad Speaks" and the Koran. The court also ordered the CDC to hire and pay a Muslim minister to attend to …
Article • May 15, 2007
Don't Sue Agreement Enforced in Jail Fire by The court of appeals for the Fifth circuit vacated a jury verdict of $200,000 in favor of a Mississippi prisoner injured in a jail fire because plaintiff had signed an agreement saying he wouldn't sue the jail in exchange for probation and …
Confidential Informants Require Credibility Finding by The court of appeals for the Seventh circuit affirmed in part, reversed in part, a district court order denying prisoner's counsel access to a confidential informant's under seal. A federal prisoner was found guilty in a prison disciplinary hearing of stabbing another prisoner at …
AL Jail Fined for Violating Population Cap by A federal district court in Alabama issued an order fining the Mobile County, Alabama, jail $5,000 a day for failing to comply with a jail population limit. The court had previously found that overcrowding at the jail was so severe that it …
Maryland Prisoner Awarded $750 for Book Confiscation, Wrongful Segregation by A federal district court in Maryland held that Maryland prison guards had violated a prisoner's First and Fourteenth amendment rights when they wrongfully confiscated the prisoner's books, including a litigation manual. The court awarded $50 in damages for the book …
Forced Psychotropic Drugging Verdict of $17,000 Affirmed by The court of appeals for the Seventh circuit held that a jury had. properly found in favor of an Illinois prisoner who was forcibly drugged with psychotropic drugs. The plaintiff was an Illinois prisoner in fear of his life after being threatened …
Louisiana Jail Sanctioned with Contempt, Fines and Attorney Fees by Louisiana Jail Sanctioned With Contempt, Fines and Attorney Fees A federal district court in Louisiana fined the Bienville parish jail, sheriff, police and the state of Louisiana $l2,000 plus $1,000 per day the jail was not in compliance with a …
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