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Article • January 15, 2004 • from PLN January, 2004
Pool Cue Not a Weapon, Says Second Circuit by The U.S. Court of Appeals for the Second Circuit reversed a district court's dismissal of a federal prisoner's disciplinary appeal after finding that a pool cue, per se, was not a weapon. In August 1999 while enjoying a game of pool, …
Sentences Upheld for TransCor Driver Who Raped and Terrorized Prisoners by Sentences Upheld for TransCor Driver Who Raped and Terrorized Prisoners by Matthew T. Clarke A Texas court of appeals has upheld a TransCor driver's two-year sentence for having sex with a prisoner and ten-year sentence for sexual assault of …
Article • January 15, 2004 • from PLN January, 2004
New Hampshire Prison Commissary Surcharge Ruled an Illegal Tax by John E Dannenberg by John E. Dannenberg The New Hampshire Supreme Court held that state law RSA 622:7-b, which imposed a 5% surcharge on the price of all commissary sales, amounted to a disproportionate tax in violation of the New …
Maryland Detainee Chained to Pole Awarded Damages, but No Fees by The U.S. Fourth Circuit Court of Appeals has affirmed in part a jury award of damages against Maryland police officers who left an arrestee tied to a pole in a deserted parking lot. The court also affirmed denial of …
Article • January 15, 2004 • from PLN January, 2004
Filed under: Sentencing, Good Time
Ohio Warrantless Arrestees Must Be Arraigned Within 48 Hours of Arrest by Ohio Warrantless Arrestees Must Be Arraigned Within 48 Hours of Arrest The U.S Court of Appeals for the 6th Circuit recently held that the 14th Amendment to the U.S. Constitution requires warrantless arrestees to be arraigned within 48 …
First Circuit Applies Mailbox Rule to § 1983 Complaints by by Matthew T. Clarke The First Circuit has held that the PLRA's exhaustion of remedies requirement is an affirmative defense, not jurisdictional, and failure to include proof of exhaustion of state remedies will not support sua sponte dismissal. The court …
Article • January 15, 2004 • from PLN January, 2004
Diet of Raw Cabbage and Food Loaf States Eighth Amendment Claim by The U.S. Court of Appeals for the Second Circuit reversed a district court's dismissal of a prisoner's claim that he suffered cruel and unusual punishment when he was placed in solitary confinement and fed a nutritionally inadequate diet. …
Article • January 15, 2004 • from PLN January, 2004
Massachusetts Constitution Entitles Prisoners to Wear Kufi Caps by Massachusetts Constitution Entitles Prisoners to Wear Kufi Caps A Massachusetts Appellate Court has held Article 46, §1 of the Amendments to the Massachusetts Constitution allows prisoners to possess and wear kufi caps. Saifullah Abdul-Alazim, a prisoner at the Massachusetts Correctional Facility …
Article • January 15, 2004 • from PLN January, 2004
Successive Petition Habeas Rule in Parole and Disciplinary Cases by Successive Petition Habeas Rule in Parole and Disciplinary Cases The Seventh and Ninth U.S. Circuit Courts of Appeal, in unrelated cases, have construed and applied the "second or successive petition" rule of 28 U.S.C. § 2244(b). The rule requires that …
Article • January 15, 2004 • from PLN January, 2004
Bond Fees State Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's dismissal of a lawsuit by arrestees who challenged Illinois counties' practice of charging a bond fee as a condition of release from jail. Six former arrestees brought an action under …
Use of Pepper Spray States Eighth Amendment Claim by The U.S. Court of Appeals for the Eighth Circuit affirmed a district court's denial of summary judgment for prison guards who pepper sprayed a prisoner and threw him to the ground. In October 1998, prison guards confiscated a radio from the …
Article • January 15, 2004 • from PLN January, 2004
Oregon Prisoner Stated Negligence Claim Concerning Lost Property by The Oregon Court of Appeals reversed a trial court's dismissal of a state prisoner's negligence action against the state and a prison guard related to the guard's handling of his property, which resulted in the loss of his glasses. The court …
Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Matthew T. Clarke The Fifth Circuit court of appeals has held that prisoners whose mandatory release dates are adversely affected by a change in …
Immunity Granted to Wisconsin Sex Offenders in Treatment by Immunity Granted to Wisconsin Sex Offenders in Treatment The Wisconsin Supreme Court has held that Gary Tate is entitled to immunity for statements made at court imposed sex offender treatment, and the revocation of his probation for refusing to make admissions …
County Liable for Sheriff's Failure to Remove Invalid Warrant From Computer by The Eleventh Circuit Court of Appeals held that Georgia Sheriffs are a county policymaker regarding their duties in the maintenence and recall of criminal warrants thus making the county liable in a § 1983 action for the Sheriff's …
In-the-News Article • January 1, 2004
Prison Nation - Monthly Review 2004 Jan. 1, 2004 PLN Book Reviews Monthly Review Book Review - Prison Nation - Monthly Review 2004 Monthly Review Feb. 2004 The U.S. Prison State by Marilyn Buck Marilyn Buck is a political prisoner serving an eighty-year sentence. She may be contacted at: Marilyn …
In-the-News Article • January 1, 2004
Prison Nation - YES Magazine 2004 Jan. 1, 2004 PLN Book Reviews YES Magazine Book Review - Prison Nation - YES Magazine 2004 YES! Magazine Winter 2004 Issue Book Reviews: Now is it time to close the prisons? by Carol Estes THE PERPETUAL PRISONER MACHINE: How America Profits from Crime …
In-the-News Article • January 1, 2004
PLN wins Kansas gift subscriptions case in Tenth Circuit Jan. 1, 2004 Articles about PLN Litigation Topeka Capital-Journal PLN wins Kansas gift subscriptions case in Tenth Circuit - Topeka Capital-Journal 2004 Published Wednesday, December 22, 2004 Appeals court opens inmate subscriptions case By Robert Boczkiewicz Special to The Capital-Journal DENVER …
In-the-News Article • January 1, 2004
Tenth Circuit hears PLN's appeal to Kansas DOC gift subscription ban Jan. 1, 2004 Articles about PLN Litigation Lawrence Journal-World Tenth Circuit hears PLN's appeal to Kansas DOC gift subscription ban - Lawrence Journal-World 2004 Court mulls limits on inmate subscriptions By John Hanna - Associated Press Writer The Lawrence …
In-the-News Article • January 1, 2004
PLN sues Florida DOC over censorship due to phone ads Jan. 1, 2004 Articles about PLN Litigation Miami Herald PLN sues Florida DOC over censorship due to phone ads - Miami Herald 2004 Posted on Tue, Jan. 13, 2004 Miami Herald PRISON CALLS Corrections Dept. sued over phone flap BY …
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