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Article • December 15, 2000 • from PLN December, 2000
DC Circuit Revives Hewitt v. Helms by by Matthew T. Clarke D. C. Circuit court of appeals has held that, when determining whether a prisoner's segregation involves a liberty interest, the conditions of the prisoner's segregation should be compared with the conditions prison officials exercising their discretionary authority routinely impose …
No Immunity for Private Prison Physician by The U.S. court of appeals for the Eleventh Circuit held that a privately employed prison physician was ineligible to claim qualified immunity. Disputed material facts surrounding his response to a prisoner's serious medical condition also precluded summary judgment on the merits. In June …
PA Prisoner Awarded $300,000 in Guard Beating by On February 29, 2000, a federal jury in Pittsburgh, Pennsylvania awarded Pennsylvania prisoner Raymond Pryer $300,000 in damages for a beating he suffered at the hands of prison guards. On September 27, 1990, Pryer complained that a guard at the State Correctional …
Article • December 15, 2000 • from PLN December, 2000
WA Civil Commitment Ruling Published by In the September, 2000 issue of PLN we reported on a ruling by Judge William Dwyer of Seattle who held the Washington Special Commitment Center in contempt for failing to provide treatment and transitional release housing for civilly committed "sexually violent predators." The court's …
Article • December 15, 2000 • from PLN December, 2000
Perpetuating Crime, Consolidating Power by Janet Stanton Perpetuating Crime, Consolidating Power: The Race & Class Logic of Mass Incarceration An Interview with Paul Wright by Janet Stanton Arthur Stamoulis's (Common Courage Press) audiotaped interview with Paul Wright offers the listener a concise overview of the most disturbing issue confronting our …
Actual Innocence--Five Days to Execution and other Dispatches From the Wrongly Convicted by Roger Hummel By Barry Scheck, Peter Nuefeld, and Jim Dwyer Review by Roger Hummel Since 1963, at least 381 murder convictions across the nation have been reversed because of police or prosecutorial misconduct yet not one of …
Stun Gun Death in VA Prison by After being electrocuted repeatedly by a stun gun, Lawrence James Frazier was strapped to a bed where he lapsed into a coma and never recovered. During a struggle with guards, Frazier was electrocuted 3 times by an Ultron II stun device that delivers …
Article • December 15, 2000 • from PLN December, 2000
Error to Dismiss Suit for Inability to Pay Filing Fee by The court of appeals for the Fifth circuit held that it was an abuse of discretion for a district court to dismiss a prisoner's suit for failure to pay the initial assessed filing fee without first determining if the …
Article • December 15, 2000 • from PLN December, 2000
PLRA Physical Injury Rule Does Not Apply to Mail Claims by The court of appeals for the Seventh circuit held that prefiling screening under the Prison Litigation Reform Act (PLRA) applies to all prisoner lawsuits, regardless of their fee status and the PLRA's physical injury requirement does not apply to …
Alabama Officials Guilty in Phone Scam by A former Alabama state auditor, County commissioner and another man pleaded guilty in July 1999 to federal charges stemming from a prison pay phone scam operated in Alabama and Louisiana by Global Tel*Link, a Mobile-based company. Former state auditor Terry Ellis pleaded guilty …
Article • December 15, 2000 • from PLN December, 2000
Sandin Limits Property Interests by The court of appeals for the Tenth circuit held that Sandin v. Connor, 515 U.S. 472,115 S.Ct. 2293 (1995) applies to property interests asserted by prisoners, as well as liberty interests. In 1997 a guard at the Wyoming State Penitentiary (WSP) was killed by prisoners …
Article • December 15, 2000 • from PLN December, 2000
Pro Se Tips and Tactics by John Midgley By John Midgley Many prisoners have difficulties obtaining good medical care. Often prisoners assume that every failure on the part of the prison system to provide adequate medical care is a constitutional violation that can be remedied in federal court, but this …
Article • December 15, 2000 • from PLN December, 2000
Dismissal for Texas Prisoner's Failure to State Facts of Prior Suits by A Texas state court of appeals has held that a prisoner's lawsuit may be dismissed as frivolous because the prisoner failed to list the operative facts of his previous lawsuits, identify the parties involved, and state whether the …
Brief • December 11, 2000
Solomos v. Jenne, FL, Appeal Brief, Jail Fees, 2000 IN THE SUPREME COURT OF FLORIDA THOMAS SOLOMOS AND LUCAS PITTERS, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, Petitioners, CASE NO. SC01-510 vs. SHERIFF KEN JENNE, Respondent. ____________________________________/ _________________________________________________________________ AMENDED INITIAL BRIEF OF PETITIONERS _________________________________________________________________ ON DISCRETIONARY REVIEW FROM …
Brief • November 30, 2000
Garner v. District of Columbia, DC, Complaint, Inmate Assaults, 2000 < • .,-' .t COLUMBIA . ,. SUPERIOR Civil JOHN GARNER DCDC No. 159-832 Central Facility Lorton, VA 22199 ::.~ : , ~'.\ ,.,j.,.! J Plaintiff Civil Action No. Calendar Judge v. THE DISTRICT OF COLUMBIA A Municipal Corporation 441 …
Brief • November 22, 2000
Amaechi v. DC DOC, DC, Release Officer, Racial Discrimination, 2000 Memorandum • Government of the District of Columbia RELEASE KNOW ALL MEN BY THESE PRESENTS, that I, OLIVER C. AMAECHI, residing at 17949 Milroy Drive, Dumfries, VA 22026, for consideration of the sum of One Hundred Thousand Dollars ($100,000.00), lawful …
Filing • November 17, 2000
PLN v. WA DOC, WA, Complaint, Public Records - Employee Death, 2000 2 3 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE 5 6 7 PRISON LEGAL NEWS, INC., a Washington non-profit corporation, Plaintiff, 8 9 ) v. ) ) WASHINGTON …
Article • November 15, 2000 • from PLN November, 2000
Filed under: News, News in Brief
News in Brief by News In Brief Australia: On August 28, 2000, 100 Afghan and Iraqi asylum seekers rioted at the Woomera detention center and set fire to four buildings. The detainees are seeking political asylum after arriving illegally in the country. News services did not report the causes of …
Whistle-blowing Doctor Shakes Up Nebraska DOC by Dan Pens I have a story to tell--about how a doctor can be used to kill patients. I will talk to anybody you want me to. I spent twelve years of my life, and these people push me around and turn me into …
Corcoran Show Trial Ends with Acquittals by Dan Pens Corcoran Show Trial Ends With Acquittals The saga of Corcoran's infamous SHU shootings ended June 8, 2000 when a jury acquitted eight California prison guards of federal charges that they entertained themselves by staging gladiator-style fights among prisoners from rival gangs. …
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