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Article • November 15, 2003 • from PLN November, 2003
Washington Mail Ruling Published by We reported in the September 2003 issue on a suit brought by PLN where the court issued permanent injunctions ordering the Washington DOC to deliver all bulk mail and catalogs sent to Washington prisoners and to provide due process to the sender and intended recipient …
Article • November 15, 2003 • from PLN November, 2003
Pro Se Tips and Tactics: Magistrate Judges in Federal Courts by John Midgley If you are representing yourself in federal court, you should become familiar with how prison cases may be handled by magistrate judges. This column looks at magistrate judge authority in federal cases, and at a recent Supreme …
Article • November 15, 2003 • from PLN November, 2003
South Carolina Cuts ACA Accreditation at Four State Prisons by Lonnie Burton In a move that would purportedly save the state about $250,000 annually, a South Carolina Corrections Department official on April 13, 2003 announced they would cancel accreditation contracts at four state prisons, including one maximum-security institution. Corrections Department …
Article • November 15, 2003 • from PLN November, 2003
World Court Orders U.S. to Stop Executing Mexicans by by Matthew T. Clarke On January 5, 2003, Mexico applied for an injunction from the International Court of Justice, or World Court, to halt the execution of 54 of its citizens by the United States. Mexico claimed that none of them …
Texas Court Abused Discretion by Dismissing Prisoner's Retaliation Suit by by Matthew T. Clarke A Texas state court of appeals has held that the trial court abused its discretion when it dismissed a prisoner's suit that alleged retaliation for accessing federal courts. Angel Martinez Vacca, a Texas state prisoner, filed …
Article • November 15, 2003 • from PLN November, 2003
Pepper Spray Drift Injury Can Be Actionable by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that where guards' pepper spraying of combatant prisoners in one cell did not violate their Eighth Amendment rights against cruel and unusual punishment, the drift of the …
Texas Prisoner Gets 30-Day Grace Period to File Expert Affidavit by by Matthew T. Clarke A Texas state court of appeals has ruled that a prisoner claiming accident or mistake in failing to file an expert report within 180-days of filing his medical negligence suit is entitled to a 30-day …
Article • November 15, 2003 • from PLN November, 2003
Filed under: News, News in Brief
News in Brief by Alabama: In August, 2003, 163 prisoners on death row at Holman Prison were allowed to have small fans to relieve the heat in their cells. The prison has no air conditioning. Fans had been allowed but were banned on death row in 1995. In 2002 the …
Article • November 15, 2003 • from PLN November, 2003
Sex Offender Registries Asked: Where Are All the Sex Offenders? by Sex Offender Registries Asked: Where Are All the Sex Offenders? An informal poll by the organiza-tion Parents for Megan's Law has revealed holes in states' abilities to track the location of convicted sex offenders who are required to register …
Over 600 Prisoners Brutalized by New Jersey Prison Guards by Gary Hunter On April 25, 2003, acting Attorney General Peter C. Harvey announced he would reopen a criminal investigation in which New Jersey prison guards reportedly brutalized over 600 prisoners. When guard Fred Baker was stabbed to death in 1997, …
Article • November 15, 2003 • from PLN November, 2003
Texas Doesn't Have to Pay Interest on Trust Fund Accounts by by Matthew T. Clarke The Fifth Circuit Court of Appeals has ruled that the Texas Department of Criminal Justice (TDCJ) does not violate the Takings Clause by failing to pay prisoners the interest it earns on their trust fund …
Court Reporter Jailed for Botching VitaPro Trial Transcripts; Convicted Prison Chief Still Free by The latest development in the unsavory Texas VitaPro scandal is the jailing of a court reporter for botching the transcripts in the VitaPro trial. In 1995, George W. Bush was the governor of Texas and James …
Sexual Abuse at Haltom City Jail in Texas by by Matthew T. Clarke Allegations of sexual abuse have rocked the North Texas town of Haltom City. The allegations surfaced in March, 2001, when a Fort Worth woman filed a complaint with the Haltom City police stating that jailer Clint Wade …
Mothers in Prison Losing All Parental Rights by Ann Farmer Dial up Michelle Spruill and her gentle voice recording tells you that "if you ever need a helping hand, you can find one at this number." On her other line she signs off, "God loves you and so do I." …
Inmate Compensation Program Applies to Federal Pretrial Detainees by Inmate Compensation Program Applies to Federal Pretrial Detainees, Is Exclusive Remedy for Work-Related Injury The Seventh Circuit Court of Appeals held that the Inmate Compensation Program (ICP) at 18 U.S.C. § 4126(c) applies to pretrial federal detainees. Leo Paschal was a …
Phoenix Sheriff Arpaio Liable for Tent City Assault, Prisoner Awarded $635,532 by The Arizona Court of Appeals upheld a jury verdict awarding a prisoner compensatory damages totaling $440,532 and punitive damages totaling $195,000, against Maricopa County, Sheriff Joseph Arpaio, his wife, and other defendants, for failing to protect him from …
Article • November 15, 2003 • from PLN November, 2003
Ninth Circuit Judge Investigated for Writing Condemned Prisoner by by Marvin Mentor California Attorney General Bill Lockyer called into question the impartiality of Ninth Circuit Judge Alex Kozinski as to death penalty cases after Kozinski and two other Ninth Circuit judges visited San Quentin State Prison in California, speaking with …
Article • November 15, 2003 • from PLN November, 2003
Jury Awards $1.75 Million Against CMS in Illinois Jail Suicide by Correctional Medical Services (CMS), a private provider of medical services to jails and prisons, lost a jury verdict in a case brought by a former Lake County, Illinois, Jail prisoner's estate alleging that CMS violated the prisoner's constitutional rights, …
Article • November 15, 2003 • from PLN November, 2003
Expert Testimony Required in Alaska Medical Suits by The Alaska Supreme Court held that pro se litigants are not entitled to judicial advice as to the ramifications of every decision made during the course of litigation. That court affirmed the trial court's summary dismissal of the pro se plaintiff's medical …
Article • November 15, 2003 • from PLN November, 2003
Filed under: Sentencing, Parole
Kansas Prisoners Denied Credit for Time on Parole by The Kansas Supreme Court ruled that parolees sentenced for crimes committed while on parole cannot have the time on parole deducted from their new sentence pursuant to KSA § 21-4608 et seq and amendments thereto. In Kansas, crimes committed while on …
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