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Article • September 15, 2004 • from PLN September, 2004
Filed under: PLRA, Filing Fees (PLRA)
Pro Se Tips and Tactics by Daniel E. Manville Before starting on my1 first, of many, pro se articles, I want to thank John Midgley on behalf of the hundreds, if not thousands, of prisoners that he has helped through these eight years. He has taken difficult legal concepts for …
Article • September 15, 2004 • from PLN September, 2004
World Court Rules Against U.S. for Consular Notification Failures by by Matthew T. Clarke On March 31, 2004, the International Court of Justice (also known as the World Court) held that the United States was in violation of the Vienna Convention on Consular Relations (VCCR). The case was brought by …
California Private Prison Uprisings Kill 2, Injure 66 by Marvin Mentor Interracial prison riots occurred on October 27 and December 3, 2003 in two southern California privately-contracted minimum security prisons. Because California private prison contractors have no weapons not even pepper spray the riots continued for up to 90 minutes …
Article • September 15, 2004 • from PLN September, 2004
Filed under: Medical, HIV/AIDS
Report Faults Vermont Policies in Prisoner Deaths; Retaliation Precedes PLN Writer's Suicide by David Reutter by David M. Reutter An independent investigation into the deaths of seven prisoners concludes that Vermont Department of Corrections (VDOC) policies were partly to blame for some of the deaths. The deaths occurred between November …
Article • September 15, 2004 • from PLN September, 2004
Captive Audience: Ohio Wants to Bring Prisoners to Jesus, the Law Be Damned by Kevin Hoffman On August 12, 2003, the Marion Correctional Institution played host to a most unlikely revival. The Promise Keepers, the international men's Christian ministry, put on a four-hour service for about 1,000 men, more than …
Article • September 15, 2004 • from PLN September, 2004
Four Prisoners Injured in Shooting at Washington D.C. Jail by Four prisoners were injured in a shooting in the maximum security section of the Washington D.C. jail just after 2 p.m. on December 20, 2003. The shooting appeared to be a prisoner-on-prisoner assault, said Corrections Department spokesman Darryl J. Madden. …
Article • September 15, 2004 • from PLN September, 2004
The American Correctional Association A Fraud on Texas Taxpayers by C.C. Simmons The American Correctional Association A Fraud on Texas Taxpayers by C. C. Simmons In June, 2002, the Texas state prison system was finally released from 29 years of federal court oversight. The longest running civil rights class-action lawsuit …
Article • September 15, 2004 • from PLN September, 2004
BOP Good Time Credits Must Be Calculated Against Sentence, Not Pro-Rated to Time Served by John E Dannenberg BOP Good Time Credits Must Be Calculated Against Sentence, Not Pro-Rated To Time Served by John E. Dannenberg The U.S. District Court (W.D. Wisc.) held that good time credits available to federal …
Article • September 15, 2004 • from PLN September, 2004
Ill-Equipped: U.S. Prisons and Offenders with Mental Illness by Tara Herivel Human Rights Watch, 2003, 215 pp. Reviewed by Tara Herivel [In the interests of full disclosure, the author of this review contributed to the following Human Rights Watch Report as a source, and this magazine contributed to the gathering …
U.S. Supreme Court: ADA Title II Implicates Due Process Right of Physical Access To The Courts by John E Dannenberg by John E. Dannenberg The U.S. Supreme Court held that Title II of the Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. § 12132, which guarantees disabled individuals access …
Iraqi Dungeons and Torture Chambers Under New, American Trained Management by Leah Caldwell Just a year ago, Attorney General John Ashcroft pointed to the Iraqi prison system as a shining example of the freedoms that the U.S. would bring to Iraq. He said, "Now, all Iraqis can taste liberty in …
Article • September 15, 2004 • from PLN September, 2004
Former Ohio Parole Chief, Parole Attorney Alliance Raises Ethical Concerns by Michael Rigby A business partnership between former head of the Ohio Parole Board, Margarette Ghee, and Ohio prisoner-turned-parole attorney, Derek Farmer, has raised ethical concerns in the legal and criminal justice communities. After serving 18 years on a 1974 …
$10,000 Awarded in Colorado Magazine Confiscation by Bob Williams A Denver Federal Judge has awarded $10,000 plus costs and attorney fees to a state prisoner whose sexually explicit magazines were confiscated for content reasons. Michael Milligan, a prisoner in the Colorado Department of Corrections (CDOC), was transferred without warning from …
Article • September 15, 2004 • from PLN September, 2004
From the Editor by Paul Wright On August 7, 2004, I attended the memorial for PLN writer James Quigley. The memorial was held on the beach in Atlantic City, New Jersey. Jim died on October 7, 2003, when he hung himself in the segregation unit of the Northwest State Correctional …
Article • September 15, 2004 • from PLN September, 2004
Settlement Brings Alabama DOC's Diabetic Treatment into 21st Century by David Reutter by David M. Reutter The Alabama Department of Corrections (ADOC) agreed on January 15, 2004, to settle a lawsuit brought by diabetic prisoners by upgrading their medical care. The agreement sets a precedent for management and care of …
Complaints Amended to Change John Doe Defendants' Names Don't Relate Back by by Matthew T. Clarke The Tenth Circuit court of appeals held that an amended complaint filed to change the names of John Doe defendants did not related back to the original complaint for statute of limitations purposes. The …
Former Illinois Governor Indicted on Federal Charges by Former Illinois governor and Nobel Peace Prize nominee George Ryan was indicted December 17, 2003, on federal charges of racketeering, mail and tax fraud, and lying to investigators. Federal prosecutors allege that Ryan and his political bedfellows treated state employees and the …
FTCA Claims for Sentence Miscalculation Accrues Upon Reversal; Statute of Limitations Tolled by The Ninth Circuit Court of Appeals has held that a civil action under the Federal Tort Claims Act (FICA) for negligently calculating a federal prisoner's release date, or otherwise wrongfully imprisoning the prisoner, does not accrue until …
$76,000 in Fees and Damages Awarded in Kansas Excessive Force Claim by Bob Williams The federal district court in Kansas has awarded a state prisoner $45,000 plus $30,913.90 for attorney fees and expenses in an excessive force claim brought against three prison guards. The court also denied qualified immunity, found …
Article • September 15, 2004 • from PLN September, 2004
Washington Jail Trustees Entitled to L&I Benefits by Division 3 of the Washington State Court of Appeals (Div. 3) has ruled that county jail trustees who are hurt while performing their duties are entitled to benefits from Labor & Industries (L&I) under RCW § 51.12.035 et seq. In July of …
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