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Article • May 15, 2006 • from PLN May, 2006
PLRA Exhaustion Requirement Inapplicable to Suit Filed When Plaintiff Not Incarcerated by The Eighth Circuit Court of Appeals has upheld an Iowa District Courts order denying a plaintiff in forma pauperis status, but reversed its order dismissing the 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. Proceeding …
Article • May 15, 2006 • from PLN May, 2006
Seventh Circuit Reverses Dismissal of Retaliation Claim by The Seventh Circuit Court of Appeals reversed a district courts dismissal of an Illinois prisoners retaliation claim. On January 17, 2003, Illinois prisoner Robert Hoskins worked in the Dixon Correctional Center (Dixon) cafeteria when Food Services Supervisor Connie Lenear called him a …
Buddhist Prisoner Properly Denied Vegan Diet Under First Amendment; Case Remanded for RLUIPA Claim by David Reutter The Third Circuit Court of Appeals has held that a prisoners First Amendment religious exercise right to practice Mahayana Buddhism was not violated by prison officials refusal to provide a vegan diet. The …
California Guards Lose Appeals On Federal Conspiracy Conviction, Bail; Still Free by Two former California prison guards, who were convicted in federal court of conspiracy to violate the constitutional rights (18 U.S.C. § 241) of Pelican Bay State Prison (PBSP) prisoners, lost both the appeals of their convictions of denial …
Native American California Prisoner Entitled to Religious Exception from Prison Hair Grooming Policy by John E Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals, applying the Religious Land Use and Institutionalized Person Act (RLUIPA) (42 U.S.C. § 2000cc, et seq.), held that the blanket three-inch hair length …
Article • May 15, 2006 • from PLN May, 2006
Filed under: News, News in Brief
News in Brief by News in Brief: Alabama: On January 8, 2006, Arthur Lee Scruggs, 38, a prisoner at the Donaldson Correctional Facility, was killed by unspecified means in a fight with prisoners Michael Barnes and Gerald Henderson. Arizona: In August, 2005, a massive drug sting by the FBI led …
Ninth Circuit Reverses Denial of IFP Status Under §1915(g); Defendants Bear Burden of Establishing I by Ninth Circuit Reverses Denial of IFP Status Under §1915(g); Defendants Bear Burden of Establishing IFP Disqualification In a case of first impression, the Ninth Circuit Court of Appeals held that defendants bear the burden …
Article • May 15, 2006 • from PLN May, 2006
Filed under: News, News in Brief
News in Brief by News in Brief: Arizona: In August Pima county jail officials ordered the mass drug testing of all 200 minimum security jail prisoners and 20% tested positive for the use of illegal drugs. California: On October 3, 2005, Long Beach police shot and killed a parolee who …
Scandal, Suicides, Corruption and Abuse Abound at New York Citys Rikers Island Jail by Gary Hunter Scandal, Suicides, Corruption and Abuse Abound at New York Citys Rikers Island Jail by Gary Hunter When Rikers Island was purchased in 1884 it was only 87 acres. The city of New York made …
New York Brutality Settlement Affecting Twenty Two Prisoners, Fourteen Units Settles for $2.2 Millio by Gary Hunter New York Brutality Settlement Affecting Twenty Two Prisoners, Fourteen Units Settles for $2.2 Million by Gary Hunter Settlement of a 4-year-old lawsuit, between brutalized prisoners and the guards who attacked them, was achieved …
New Yorks Top Cop Crumbles Under Personal Investigation by New Yorks Top Cop Crumbles Under Personal Investigation by Gary Hunter Given the controversy and corruption that currently surrounds virtually every aspect of the New York City penal process, its insightful to reflect on how one former New York top cop …
Article • May 15, 2006 • from PLN May, 2006
Former Florida Correctional Privatization Commission Official Pleads Guilty to Stealing State Funds by David Reutter Former Florida Correctional Privatization Commission Official Pleads Guilty to Stealing State Funds by David M. Reutter The former Executive Director of Floridas now defunct Correctional Privatization Commission (CPC) has pled guilty to charges of fraud and …
Article • May 15, 2006 • from PLN May, 2006
From the Editor by by Paul Wright This issue marks the 16th anniversary of the founding of Prison Legal News. Since PLNs first issue was published on May 1, 1990 we have now published 192 issues. This is a significant accomplishment since most magazines in general measure their existence in …
Article • May 15, 2006 • from PLN May, 2006
Fall Escapes Plague Local, State Agencies in Houston Area by by Michael Rigby During a two week period in late 2005, prisoners in the Houston area escaped from all levels of custody. One prisoner escaped from the city jail, another vanished from the back of a prison van, and a …
Abu Ghraib: Enduring Symbol of Hated Regimes by Matthew T. Clarke Abu Ghraib, a 280-acre prison complex located 20 miles west of Baghdad, is a well known symbol to the Iraqi people. Abu Ghraib holds about 3,500 of the approximately 10,500 prisoners held by American forces in Iraq. All prisoners …
Lawyers Bilk Cornell for Millions, San Francisco Jail Scammed by In an attempt to recoup millions of dollars, private prison operator Cornell Companies, Inc., has filed lawsuits against lawyers entrusted to oversee the companys funds for land deals. Cornell, based in Huston filed the latest suit on August 26, 2005, …
Report Details Suicide and Homicide Rates in Prisons, Jails by Michael Rigby Even though suicide and homicide rates among prisoners have been falling since the 1980s, thousands still die in U.S. prisons and jails every year. During 2001 and 2002, 5,824 state prisoners died in custody, according to a Bureau …
Four CCA Guards Indicted in Murder of Nashville Prisoner by Matthew T. Clarke Four guards have been indicted for reckless homicide and aggravated assault in the July 2004 murder of a female prisoner at the Metro Detention Facility in Nashville, Tennessee, previously reported in PLN. [see PLN, Apr. 2005, p. …
Article • May 15, 2006 • from PLN May, 2006
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Evidentiary Hearings 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 the AEDPA, the 1996 habeas corpus law which …
Article • May 15, 2006 • from PLN May, 2006
Nearly 7 Million Under Correctional Supervision In U.S. by Michael Rigby At yearend 2004, nearly 7 million adults were in prison, on parole, or on probation in the U.S.--2.5 million more than in 1990--according to a study by the Bureau of Justice Statistics released on November 2, 2005. Put another …
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