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ADA Applies to State Prisons by A federal district court in California held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to state prisons and the California Department of Corrections (CDC) must comply with their respective provisions. …
Article • August 15, 1997 • from PLN August, 1997
California Prison Focus by Prison Focus is the quarterly publication of California Prison Focus, a nonprofit organization that works with and on behalf of prisoners in California's control units. Each issue contains reports on Pelican Bay State Prison, Corcoran State Prison, Valley State Prison for Women and other prisons. Other …
Article • August 15, 1997 • from PLN August, 1997
Notes from the Unrepenitentiary by Laura Whitehorn GERONIMO IS FREE! Geronimo ji Jaga (Pratt), his family, the Black community, New Afrikan Independence Movement, and thousands of activists, radicals, and revolutionaries have waited 27 years to say those joyful words. Women here at FCI Dublin (California) celebrated Geronimo's release and exclaimed …
Article • July 15, 1997 • from PLN July, 1997
Ruchell Cinque Magee: Sole Survivor Still by Mumia Abu-Jamal Slavery is being practiced by the system under the color of law ... Slavery 400 years ago, slavery today; it's the same thing, but with a new name. They're making millions and millions of dollars enslaving Blacks, poor whites, and others …
Article • July 15, 1997 • from PLN July, 1997
Special Masters by The court of appeals for the ninth circuit held that 18 U.S.C. § 3626(f)(4), the portion of the PLRA which limits the hourly rates paid to special masters appointed to oversee court orders in prison litigation to $75.00 an hour paid for by the federal judiciary, does …
Article • July 15, 1997 • from PLN July, 1997
State Must Pay for Prisoner Witnesses by A federal district court in California held that courts may issue writs of habeas corpus ad testificandum to ensure prisoner witnesses are produced to testify in court on behalf of a prisoner plaintiff. The court also held that the cost of transporting and …
Article • June 15, 1997 • from PLN June, 1997
Swastika Carved on CDC Prison Guard Rifle by In January of 1997 authorities at California's Folsom State Prison launched an investigation to find out who carved a swastika and a "white power" insignia into the stock of a staff rifle. Sgt. Jim Cook, president of the Folsom chapter of the …
Article • June 15, 1997 • from PLN June, 1997
California Prisoner Wins Judgment Against Guard in Shooting by Herbert Green, a 51 year old African-American prisoner, filed a pro se §1983 action against Robert Konkel, a prison guard at Calipatria State Prison, alleging that Konkel violated his eighth amendment rights by shooting him. The case proceeded to trial where …
Trial Required on ADA EFV Claim by A federal district court in California held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA) of 1973, 29 U.S.C. § 794, apply to state prisons and were violated when an HIV+ prisoner and his HIV+ …
Article • June 15, 1997 • from PLN June, 1997
California Prisoners Entitled to Contact Attorney Visits by The California state court of appeals affirmed a superior court granting a writ of habeas corpus to a prisoner who was denied contact visits with his attorney. Alan Roark is a California state prisoner represented by Charles Lindner in his direct criminal …
CDC Consent Decree Contempt Vacated by The court of appeals for the ninth circuit held that before a party can be held in contempt for violating a consent decree, the decree must set forth the required conduct in specific detail. Prisoners at the California Medical Facility (CMF) in Vacaville filed …
Article • June 15, 1997 • from PLN June, 1997
Ninth Circuit: PLRA Doesn't Apply to Habeas by The court of appeals for the ninth circuit held that the filing fee requirements of the Prison Litigation Reform Act (PLRA) do not apply to habeas corpus proceedings. "We... hold that the forma pauperis provisions of the PLRA relating to prisoner civil …
Article • June 15, 1997 • from PLN June, 1997
Speedy Death Penalty Provisions Enjoined in California by A federal district court in San Francisco enjoined the state of California from putting its death row prisoners onto a federal court habeas "fast track." In the August, 1996, issue of PLN we reported enactment of the Anti-Terrorism and Effective Death Penalty …
Article • June 15, 1997 • from PLN June, 1997
Filed under: Work, Prison Industries
California Slave Labor Loses Money by In California there is a prisoner work program that is supposed to save taxpayers up to $50 million a year. However, a new study has shown that taxpayers are shelling out $180,000 annually. The program generates about $340,000 a year for the state, but …
Lucas v. White, CA, Amended Complaint, Abuse of Inmates, 1997 1 ROSEN, BIEN & ASARO MICHAEL W. BIEN - 096891 155 Montgomery Street, 8th Floor San Francisco, California 94104 Telephone (415) 433-6830 2 3 4 LAW OFFICES OF GERI L. GREEN GERI L. GREEN - 127709 368 Hayes Street San …
Article • May 15, 1997 • from PLN May, 1997
Racial Rioting Erupts in L.A. Jail by Two days of bloody fighting between black and Latino prisoners at Los Angeles County jails left 200 injured, 188 with serious wounds and 26 with minor scraps and bruises. Three deputies were also hurt in the eight incidents at the Pitchess Detention Center …
Article • May 15, 1997 • from PLN May, 1997
California PIA Employees Lose Minimum Wage Suit by The court of appeals for the ninth circuit affirmed dismissal of a suit by California Prison Industrial Authority (PIA) prisoners who filed suit claiming they were entitled to the minimum wage under the Federal Fair Labor Standards Act (FLSA), 29 U.S.C. § …
Article • May 15, 1997 • from PLN May, 1997
Filed under: PLRA, Filing Fees (PLRA)
PLRA Fee Requirements Not Applicable to Pending Suits by PLRA Fee Requirements not Applicable To Pending Suits A federal district court in California held that the Prison Litigation Reform Act's (PLRA) In Forma Pauperis (IFP) filing fee provisions are not retroactive to suits filed before the law's April 26, 1996, …
California EFV Injunction Reversed by In the September, 1995, issue of PLN we reported that a Marin county superior court judge had issued a preliminary injunction enjoining Title 15, section 3174(e)(1) of the California Code of Regulations (CCR). The regulation in question eliminated family visits for a wide category of …
Article • April 15, 1997 • from PLN April, 1997
California Slashes Family Visits by Willie Wisely The young Hispanic woman, juggling a squirming infant under each arm, began to cry as she read the notice posted on the wall of the visitor processing building at Lancaster prison. For months prisoner rights advocates had been warning visitors, trying to organize …
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