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Article • April 15, 2002 • from PLN April, 2002
From the Editor by Paul Wright In next month's issue we will report the results of our reader survey as well as our matching grant campaign. As this issue goes to press we are still receiving responses to both. A recurring problem for PLN has been some subscribers, especially prisoners, …
Mistakenly Released Prisoners Have No Due Process Rights by The Court of Appeals for the Fourth Circuit has held that prisoners who were released on mandatory supervision then arrested as escaped prisoners and reincarcerated without a hearing had no right to due process. Vincent Henderson, Daryelle Rexrode, and John Calella, …
Wisconsin Medical Care Substandard, Even for Prisoners by Gary Hunter Michelle Greer had asthma, the operative word being had past tense. Her asthma no longer exists because Michelle Greer is dead. On February 29, 2000, at the Taycheedah Correctional Institution, she died of an asthma attack, suffocated by the apathy …
Article • April 15, 2002 • from PLN April, 2002
Texas Prison Warden Pleads Guilty; Prison Workers Arrested in Major Drug Bust by A former Texas prison warden who pled guilty to stealing more than $9,300 from a charity fund was sentenced to 5 years probation by a Coryell County District Court in Gatesville, Texas. On October 18, 2001, Linda …
MCI WorldCom Investigated in Georgia for Phone Overcharges; State Senator Involved by Lonnie Burton MCI WorldCom owns the exclusive contract to provide phone services to the 45,000 prisoners incarcerated in the State of Georgia. Of course, the prisoners are only allowed to place collect calls, and have no choice on …
Prison Guards Face Resentencing Dilemma in Beating Death of New York Jail Prisoner by Prison Guards Face Resentencing Dilemma In Beating Death Of New York Jail Prisoner by John E. Dannenberg The U.S. Court of Appeals for the Second Circuit vacated the federal criminal civil rights sentences of the Nassau …
23 Escape from Wackenhut Prison in Caribbean by Gary Hunter 23 Escape From Wackenhut Prison in Caribbean by Gary Hunter A rash of escapes have fueled investigations into negligence and possible corruption at a Wackenhut prison. In less than two months, 23 prisoners have escaped from Curacao's Koraal Specht prison …
Article • April 15, 2002 • from PLN April, 2002
Wackenhut Searches for New Business by Wackenhut Searches For New Business In the 1990s, states couldn't build prisons fast enough. To keep up with the ever-increasing number of prisoners, many states turned to private prison companies like Wackenhut Corrections, Corrections Corporation of America, and Cornell Corrections. But the prison-building boom …
Article • April 15, 2002 • from PLN April, 2002
Pennsylvania Ban on Sex Between Staff and Prisoners Struck Down by On December 10, 2001, Montgomery county court judge Marino Rossanese struck down as unconstitutional a 1998 Pennsylvania law that bans sex between prisoners and prison and jail employees. The ruling came in the case of Eileen Mayfield, 43, a …
Article • April 15, 2002 • from PLN April, 2002
Angola Prisoner Wins $1.5 Million Verdict Against Five Guards for Assault by Lonnie Burton In January 2001, pro se prisoner John Poullard won a $1.5 million judgment against five guards who beat him in retaliation for other lawsuits and complaints he had previously filed. Poullard, who is serving time at …
South Carolina Guards Plead Guilty in Sex Cases by In the April 2001 issue of PLN we reported at length on a series of investigations into allegations of drug smuggling by staff, as well as sexual activity between prisoners and staff, in South Carolina prisons. The investigation was started by …
Illinois Court Reduces Prisoner's Eye Injury Award to $850,000 by The United States District Court for the Central District of Illinois has denied a motion for a new trial by an Illinois Department of Corrections (ILDOC) physician but granted remittitur of both the compensatory and punitive damages awards given to …
$237,500 New York Administrative Segregation Verdict Upheld by A New York state prisoner won damages in a jury trial in the United States District Court for the Western District of New York against employees of the New York State Department of Correctional Services (DOCS) for due process violations in confining …
Article • April 15, 2002 • from PLN April, 2002
$500,000 Settlement in Oregon Jail Self-Mutilation Case by In March 2001, the Multnomah county jail in Portland, Oregon, paid over $500,000 to settle a lawsuit by a mentally ill jail prisoner who gouged his eyes out during a psychotic episode. In 1998 Peter Klarquist was found guilty except for insanity …
Article • April 15, 2002 • from PLN April, 2002
Filed under: Private Prisons
U.S. Supreme Court Holds Private Prison Corporations Immune from Bivens Suit by John E Dannenberg by John E. Dannenberg In a 5-4 decision, the U.S. Supreme Court narrowly construed Bivens actions suing private federal prison contractors to be available only against their individual prison employees, and not the parent corporations. …
Article • April 15, 2002 • from PLN April, 2002
Florida's Prisoner Indigency Statute Unconstitutional by The Florida Supreme Court, in two separate cases, has held that Florida's Prisoner Indigence Statute (PIS) is unconstitutional, and ordered reinstatement of cases dismissed for failing to comply with PIS. Prisoner Douglas M. Jackson, Sr., filed a writ of mandamus seeking to compel the …
Intangible Religious Freedom Claims Not Barred by PLRA by John E Dannenberg Intangible Religious Freedom Claims Not Barred By PLRA by John E. Dannenberg The U.S. District Court (District of Massachusetts) held that the Prison Litigation Reform Act's (PLRA) proscription of claims for emotional damages, in the absence of physical …
Article • April 15, 2002 • from PLN April, 2002
Massachusetts DNA Law Invalidated by In an unpublished ruling, the Superior Court of Massachusetts invalidated a state statute authorizing the Massachusetts Department of Corrections (MDOC) to: define indigence for the purpose of assessing costs of collecting and processing DNA samples; and impound and seize funds from prisoner accounts without their …
BOP Disciplinary Habeas Requires Exhaustion by The Second Circuit Court of Appeals has ruled that a federal prisoner who files a habeas corpus petition under 28 U.S.C. § 2241 must first exhaust all available administrative remedies, and further held that a prisoner procedurally defaulting on those remedies may be excused …
Article • April 15, 2002 • from PLN April, 2002
No Immunity for Photo Limit by The Court of Appeals for the Eighth Circuit, in a per curium opinion, held that Arkansas prison officials were not entitled to qualified immunity for promulgating a policy that allows prisoners to retain only five photographs in their cells. Len Davis, a federal prisoner …
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