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New York Nazi Guard Charged with Sodomy by New York Nazi Guard Charged With Sodomy In the January, 2001, issue of PLN we reported the New York Court of Appeals' ruling that upheld an arbitrator's decision to continue the employment of Edward Kuhnel, a prison guard at the Eastern Correctional …
Article • August 15, 2001 • from PLN August, 2001
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Apprendi by Kent Russell by Atty. Kent Russell [This column is intended to provide "Habeas Hints" for prisoners who are handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs …
Turkish Prisoners Struggle Against Transfers by Julia Lutsky When the Turkish army stormed 20 prisons in December, 2000, a four-day pitched battle ensued during which thirty-two died _ 30 political prisoners and two soldiers. The army claimed that many prisoners set themselves afire rather than surrender; prisoners who survived allege …
Article • August 15, 2001 • from PLN August, 2001
Two Escape from Oklahoma Control Unit by Two Escape From Oklahoma Control Unit Two maximum security prisoners escaped on January 15, 2001, from the Oklahoma State Penitentiary's notorious Hunit, an underground control unit, only to be recaptured two days later. The escaped prisoners were identified by ODOC spokesman Jerry Massie …
U.S. Supreme Court Requires Futile Administrative Exhaustion by On May 29, 2001, a unanimous United States Supreme Court held that 42 U.S.C. § 1997e(a) of the Prison Litigation Reform Act (PLRA) requires the complete exhaustion of prison administrative remedies, regardless of how futile those remedies may be and regardless of …
Article • August 15, 2001 • from PLN August, 2001
Washington Civil Commitment Injunction Upheld by The Court of Appeals for the Ninth Circuit has affirmed the District Court's denial of a motion to dissolve an injunction requiring the Special Commitment Center (SCC) in Washington to bring its sexual deviancy treatment program within constitutional requirements. In 1994, Richard Turay, a …
Article • August 15, 2001 • from PLN August, 2001
Arizona Supreme Court Rules on 1993 Earned Release Statute by Arizona Supreme Court Rules On 1993 Earned Release Statute The Arizona Supreme Court has held that 1993 amendments to statutes governing earned release credits for Arizona prisoners do not apply to persons convicted of felonies committed prior to the amendment's …
$80,000 Settlement in CDC Transsexual Suit by In August 2000, the State of California settled a claim from a transsexual former prisoner that her need for hormone therapy was ignored while incarcerated by agreeing to pay her $80,000. Torey Tuesday South, 40, began her trek through the California penal system …
Article • August 15, 2001 • from PLN August, 2001
Court Awards $146,000 in Arizona Medical Indifference Case by Lonnie Burton An Arizona prisoner was awarded over $146,000 in damages in January 2000 after he filed suit claiming that an Arizona prison nurse's care amounted to deliberate indifference. Manuel Covarrubias, 46, was a prisoner at the state prison at Douglas, …
Article • August 15, 2001 • from PLN August, 2001
Pre-Sentence Detention Earns Good Time Credits in Montana Prison by The Montana Supreme Court granted habeas corpus relief to William MacPheat, a Montana state prisoner, who sought goodtime credits for presentence jail time and an earlier release from prison based upon award of those credits. In 1995, MacPheat was charged …
Kansas Disciplinary Restitution Orders Authorized by The Kansas Court of Appeals affirmed a district court judgment, reducing the amount of restitution assessed against two prisoners for disciplinary rule violations, from $1,956.75 to $1,104.68 per prisoner. In doing so, the court concluded that the Department of Corrections has the authority to …
Article • August 15, 2001 • from PLN August, 2001
PLRA Attorney Fee Cap Analyzed by The Temple Law Review recently published an article useful to any litigants challenging the Prison Litigation Reform Act's (PLRA) cap on attorney fees under 42 U.S.C. § 1997e(d). The Price of Civil Rights: The PLRA's Attorney's Fee Cap Provision as a Violation of Equal …
Dismissal of Washington Persistent Prison Misbehavior Charge Upheld by The Washington Supreme Court has affirmed the dismissal of a persistent prison misbehavior charge because the Department of Corrections (DOC) failed to properly promulgate its list of serious infractions, one of which formed the basis of the charge. In doing so, …
Kansas 2-Year Visiting Restriction Unauthorized by The Kansas Court of Appeals held that a 2 year suspension of a prisoner's visiting privileges was not authorized by the visiting rules. Derrick Davis, a prisoner at Lansing Correctional Facility received two disciplinary reports alleging that he engaged in lewd conduct with his …
Arizona Judgment Seizure Statute Upheld; Fees Protected by An Arizona appellate court has held that a state law allowing the Arizona Department Of Corrections (DOC) to seize 80% of all money won in prisoner lawsuits is valid under that State's constitution. Charles Holly, an Arizona prisoner, sued that State after …
Retaliation Complaint Not Frivolous if Not Irrational or Wholly Incredible by The Seventh Circuit Court of Appeals reversed the District Court's dismissal of Illinois prisoner Terry Johnson's 42 USC §1983 complaint wherein he complained nurse Debbie Stovall filed false disciplinary charges against him in retaliation for his having filed a …
Retaliation Claim Not Foreclosed by Sandin by The Court of Appeals for the Third Circuit held that a prisoner's civil rights complaint for damages due to administrative segregation placement was not foreclosed by the U.S. Supreme Court's Sandin "atypical hardship" rule, when the administrative segregation placement was alleged to be …
Article • August 15, 2001 • from PLN August, 2001
New York District Court Reversed for Failure to State Legal Reasoning by New York District Court Reversed For Failure To State Legal Reasoning The Second Circuit Court Of Appeals reversed a district court's dismissal of a pro se prisoner civil rights action. The Second Circuit found that the District Court …
Article • August 15, 2001 • from PLN August, 2001
Washington ISRB May Rescind Parole after Final Discharge by Washington ISRB May Rescind Parole After Final Discharge In a closely divided opinion, a 5 Justice majority of the Washington Supreme Court held that the Indeterminate Sentence Review Board (ISRB) has jurisdiction and statutory authority to rescind an order of final …
Michigan DOC Sex Abuse Suit Nets Nearly $4 Million by Roger Smith On February 7, 2000, Michigan DOC officials agreed to settle a lawsuit with 32 women prisoners for $3,787,000 in damages, costs, and attorney fees. The women sued in a Michigan federal district court after being sexually abused by …
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