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7-up To Pull TV Ad Under Pressure from Human Rights Groups by Under pressure from Stop Prisoner Rape, a nonprofit human rights organization, and nearly 100 other human rights, HIV/AIDS, prisoner rights, and sexual violence organizations, Dr. Pepper/Seven Up, Inc. has decided to stop airing a national television commercial that …
Article • September 15, 2002 • from PLN September, 2002
The High Cost of Prosecuting Capital Crimes by As many local governments are discovering, there is a new twist on an old saying: Nothing is certain except the death penalty and higher taxesand the high cost of capital punishment. Quitman County in Mississippi raised taxes three times in the 1990s …
Article • September 15, 2002 • from PLN September, 2002
Filed under: Organizing, Death Penalty
Lessons From the Law by Mumia Abu-Jamal by Mumia Abu Jamal For many jailhouse lawyers, the texts of court rulings are read with a close and rapt attention that would be the envy of any conscientious law professor. The writer knows one guy, who, after years of study of criminal …
Girls Sue Alabama Juvenile Prison for Abuse by Five girls who were incarcerated at the Chalkville juvenile lockup in Alabama have filed a massive $171 million lawsuit against the agency that runs the jail, the Department of Youth Services (DYS). The suit charges, among other things, that the girls were …
CYA Suit Alleges Abuse of Juveniles by Anne Mania The California Youth Authority (CYA) houses 6,000 juvenile offenders and was once considered a model for juvenile justice in this country. However, after decades of declining funding and worsening conditions, the California Youth Authority has deteriorated to where severely mentally ill …
Article • September 15, 2002 • from PLN September, 2002
U.S. Supreme Court: No Death Penalty for Retarded; Juries Must Impose Death Sentence by David Zuckerman June was a good month for many death row prisoners. In Ring v. Arizona , 122 S.Ct. 2428 (2002) and Atkins v. Virginia , 122 S.Ct. 2242 (2002), the Supreme Court placed new and …
Georgia Prison Guards Caught in Bondage Videos by More than 150 law enforcement officers from various Georgia agencies including the Department of Corrections, have been moonlighting as actors in gay bondage videotapes since 1980. Sold over the internet, the tapes include scenes of kidnapping and torture. In November 1999, Hays …
PLRA Allows California Religious Preliminary Injunction by David Reutter by David M. Reutter The Court of Appeals for the Ninth Circuit has upheld the grant of a preliminary injunction to California Muslim prisoners .See: Mayweathers v. Terhune, 136 F. Supp. 2d 1152 (E.D. Cal. 2001). Prison officials appealed the injunction …
Article • September 15, 2002 • from PLN September, 2002
Connecticut Retroactive Application of 85% Rule Violates Ex-Post Facto by The Connecticut Supreme Court has decided that retroactive application of a State law raising the time for parole eligibility from 50% to 85% of time served violates the ex post facto clause of the U.S. Constitution. The court further found …
Then They Came for the Lawyers: The Persecution of Lynne Stewart by On April 9, 2002, in a chilling first application of the USA-Patriot Act (pushed into law after 9-11), the U.S. government indicted attorney Lynne Stewart along with three Arab men, Mohammed Yousry, Ahmed Abdel Sattar, and Yassir Al-Sirri. …
Article • September 15, 2002 • from PLN September, 2002
Filed under: Money/Property, Forfeiture
Supreme Court: "Reasonable Attempt" Suffices Absent Actual Notice of Forfeiture by John E Dannenberg by John E. Dannenberg The US Supreme Court held that due process of law was satisfied when a reasonable attempt was made to serve a federal prisoner with a statutory notice of administrative forfeiture of his …
Washington Prisoners Sue DOC for Extortion, Mail Fraud, Criminal Profiteering and Racketeering by Four Washington state prisoners have filed suit against the Department of Corrections (DOC) over DOC's longstanding practice of charging prisoners to ship their own personal property when they are transferred from one institution to another, and doing …
Article • September 15, 2002 • from PLN September, 2002
9-11 Prompts New Regulations for Prisoner Airline Transports by Following the terrorist attacks of September 11, the Federal Aviation Administration (FAA) transferred its rulemaking authority regarding civil aviation security to the Transportation Security Administration (TSA). The TSA subsequently promulgated new rules regarding the transportation of prisoners on civilian airlines. The …
Article • September 15, 2002 • from PLN September, 2002
Louisiana's Administrative Remedy Procedure Unconstitutional by by Matthew T. Clarke The Supreme Court of Louisiana has declared that the Corrections Administrative Remedy Procedure (CARP), La.Rev.Stat. 15:1171-1179, when applied to tort claims, violates article V,16 of the Louisiana constitution. Michael Wayne Pope, a Louisiana state prisoner, was severely injured on his …
Article • September 15, 2002 • from PLN September, 2002
Massachusetts Supreme Court Upholds Ban on Prisoner PAC by The Massachusetts Supreme Court has upheld summary judgment against the Massachusetts Prisoners Association Political Action Committee (MPAPAC). The court also upheld disciplinary sanctions by the Massachusetts Department of Corrections (DOC) against MPAPAC cofounder Michael Shea. The ruling largely destroys MPAPAC. Shea, …
Article • September 15, 2002 • from PLN September, 2002
Hemorrhoids: A Serious Medical Condition by A federal district court in Illinois has denied a motion to dismiss a complaint for the failure to alter treatment for a prisoner's hemorrhoid problem. Prisoner Brian Jones brought a 42 U.S.C. § 1983 action against six medical doctors at Illinois' Stateville and Joliet …
Ohio District Court Grants TRO on Grooming Regulations by The Federal District Court for the Northern District of Ohio has granted a temporary restraining order (TRO) against Marion Correctional Institution (MCI), Marion, Ohio, preventing Warden Christine Money from enforcing a grooming policy against two Orthodox Chassidic Jews. Michael Goodman and …
Article • September 15, 2002 • from PLN September, 2002
Multiple Prisoners Proceeding IFP Must Pay Separate Filing Fees by The Eleventh Circuit US Court of Appeals held that multiple prisoners, when asserting in forma pauperis (IFP) status in a federal civil rights action, cannot join their claims to pro-rate a single filing fee among all the plaintiffs. Earnest Hubbard …
Article • September 15, 2002 • from PLN September, 2002
Microsoft Demands $1.5 Million from Texas Prison System for Software Violations by Microsoft Corporation, the computer software giant based in Redmond, Washington, has demanded a $1.5 million payment for software "licensing shortfalls." The demand was made on the Texas Department of Criminal Justice (TDCJ), the agency that operates the state's …
Disputed Material Facts in Failure to Protect Suit Preclude Interlocutory Appellate Review by The Sixth Circuit Court of Appeals has ruled that it is without jurisdiction to hear an interlocutory appeal on qualified immunity issues where material facts are in dispute. The Court of Appeals let stand most of a …
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