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Article • March 15, 2001 • from PLN March, 2001
The Spirit of Freedom and Resistance, Long Kesh Prison Closed by Julia Lutsky Her Majesty's Prison Maze, also called Long Kesh, is a high security prison located about ten miles from Belfast in Northern Ireland's County Antrim. The largest of Northern Ireland's prisons, it was established on the site of …
Article • March 15, 2001 • from PLN March, 2001
BOP Organ Transplant Ban Questioned by The court of appeals for the Eighth circuit dismissed, without prejudice, a habeas corpus petition filed by Kenneth Barron, a federal prisoner, claiming his longterm survival was at risk because the Bureau of Prisons (BOP) refuses to provide him with a kidney transplant. Instead, …
Cook County Deputies Charged in Beating Death by Three Cook County (Chicago, IL.) deputies were charged with murder for allegedly beating a prisoner in a courthouse holding cell May 5, 2000. The prisoner died two days later from injuries sustained in the beating. Louis Schmude, 40, was awaiting a court …
Article • March 15, 2001 • from PLN March, 2001
U.S. Isolates Political Prisoners by Ronald Young Two recent federal appeals court decisions highlight some of the repressive measures used by U.S. authorities to isolate and silence political dissenters. Though the methods used by the two political prisoners involved in these cases may be distasteful to some people, Americans must …
Article • March 15, 2001 • from PLN March, 2001
Feds Continue Abuse of El-Hage by In a telephone interview with The New York Times, April ElHage said federal jail officials in Manhattan have been retaliating against her husband, Wadih ElHage, ever since two codefendants in the case were accused of stabbing and critically wounding a guard. The two codefendants, …
Article • March 15, 2001 • from PLN March, 2001
WA DOC Sells Prisoner Information by In response to a Public Disclosure Act (PDA) request from PLN, the Washington Department of Corrections (DOC) revealed that since at least 1995 it has been selling prisoner information to a variety of private and media companies. The private company data brokers in turn …
Article • March 15, 2001 • from PLN March, 2001
Filed under: Sentencing, Parole
The Continuing Saga of Corruption in the New York State Parole System by In 1992 a young Korean man, John Kim, was sentenced to four to twelve years for armed robbery. Four years later he walked out paroled, after his father, pastor of a prominent Korean congregation in New York …
Jail Term for DUI Turns into Death Sentence by On July 11, 2000, Rodney "Rocky" Eickstadt began serving a 175day jail term at the Franklin County (Ohio) Jail for drunken driving. Ten weeks later he was dead _ from complications related to untreated diabetes. Eickstadt didn't know he was diabetic …
Texas Deputy Pays Price for Testifying by Without the testimony of former Bexar County (TX) Jail guard Linda Grady, one of her former colleagues would never have been indicted for striking a prisoner, prosecutors say. As it was, Charles Mizell was convicted June 8, 2000 on one count each of …
Texas Death Machine Faces Renewed Criticism by A report released October 16, 2000 by the Texas Defender Service, a nonprofit group that represents death row prisoners, concludes that "an intolerably high number of people are being sentenced to death [in Texas] and propelled through the appellate courts in a process …
Wildfires Highlight Cheapness of Prisoner Lives by Wildfires HighLight Cheapness of Prisoner Lives The summer of 2000 brought dev- astating wildfires to the Western United States. By official count, some 25,000 firefighters were involved battling dozens of blazes across the West during the height of the fire season. That includes …
Article • March 15, 2001 • from PLN March, 2001
Ad Seg States Claim, But Loses on Merits by The court of appeals for the Second circuit held that a district court did not err in vacating a jury's finding that a New York prisoner's 101-day placement in segregation violated due process. In doing so, the court held that New …
Lorton Conditions Unconstitutional by A federal district court for the District of Columbia held that a prisoner stated claims for an assortment of constitutional injuries and a violation of the Lorton Act. The defendants' motion to dismiss the complaint or, in the alternative, for summary judgment was denied in part. …
Colorado Prisoner Challenges 'Sex Offender' Label by The Tenth Circuit Court of Appeals held that a Colorado prisoner's classification as a "sex offender" is subject to due process considerations. In 1985, the Colorado Department of Corrections (CDOC) modified its Administrative Regulation governing classification to include a Sex Offender Component in …
BOP Possession Offense Requires Specific Intent by The U.S. court of appeals for the Eleventh Circuit held that a violation of 18 U.S.C. § 1791(a)(2), which makes it unlawful for federal a prisoner to possess a "prohibited object," is a specific intent crime, and intent to use the object as …
Article • March 15, 2001 • from PLN March, 2001
Permanent Injunction Granted for Kosher Diets by The Colorado Federal District Court granted a permanent injunction against the Department of Corrections (CDOC) finding the CDOC in violation of the Free Exercise Clause of the First Amendment for failing to provide Colorado Prisoners with a kosher diet. As reported in the …
Article • March 15, 2001 • from PLN March, 2001
Consent No Defense For Guard Accused of Raping Prisoner by by Matthew T. Clarke A federal district court in Delaware has held that a prison guard may not use consent as a defense in a suit by a prisoner alleging he raped her. Dorothy Carrigan, a Delaware state prisoner, filed …
Article • March 15, 2001 • from PLN March, 2001
SHU Should Be Compared to Conditions Experienced by All Prisoners by SHU Should Be Compared To Conditions Experienced By All Prisoners The Second Circuit has held that, to determine whether a ninetyday stay in a Special Housing Unit (SHU) is atypical and significant, it should be compared with the typical …
Court May Reduce Post-Judgement Attorney's Fees Rate and Billable Hours by The Ninth Circuit has held that the district court may reduce the rate of pay and number of billable hours for postjudgment work by prevailing civil rights attorneys in prisoner cases when the postjudgment work is less complex and …
Article • March 15, 2001 • from PLN March, 2001
NJ Prisoners Entitled to Cross Examine Witnesses by Holding that a prisoner was entitled to cross examine and to confront the complaining witness at a prison disciplinary hearing, a New Jersey appellate court reversed the sanctions imposed on a prisoner accused of tampering with a locking device on a gate. …
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