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Qualified Immunity Granted at Summary Judgment Stage in Prison Shooting Suit by John E Dannenberg The Ninth Circuit U.S. Court of Appeals held that California prison guards who shot one prisoner in the neck during a yard riot, while allegedly aiming at another prisoner, were entitled to qualified immunity from …
Article • December 15, 2001 • from PLN December, 2001
Florida DOC Clears Itself of Racism Charges by The September 2001 issue of PLN reported on a series of lawsuits filed by black prison employees against the Florida Department of Corrections, as well as racist brutality by Florida prison guards. Florida DOC Secretary Michael Moore at the time promised to …
Race-Based Religious Policy Unconstitutional by The Court of Appeals for the Fourth Circuit has held that prison officials' denial of Native American religious items to a non-Native American prisoner based solely upon his race violates the Equal Protection Clause of the Fourteenth Amendment. Virginia prisoner Gary David Morrison, Jr., filed …
Article • December 15, 2001 • from PLN December, 2001
Connecticut and Florida Change Felon Disenfranchisement Laws by Connecticut and Florida take different approaches as they address the disenfranchisement of convicted felons. In Connecticut, state lawmakers, after intense debate and much legislative maneuvering, passed a bill that gives back the right to vote to convicted felons on probation. In a …
Jury Awards Imprisoned KKK Member $55,000 in Texas Jail Beating by On July 19, 2000, a federal jury in Houston, Texas, awarded a Ku Klux Klan member damages totaling $55,000 after he was beaten by black prisoners with whom he was forced to share a cell. Larry Webster, 42, was …
Article • November 15, 2001 • from PLN November, 2001
Junking the Jurors by Mumia Abu-Jamal by Mumia Abu Jamal "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed&" U.S. Constitution, 6 th Amendment It has been …
Summary Judgment Denied in Oklahoma Jail Beating by A federal district court in Oklahoma has denied summary judgment against a pretrial detainee's failure to protect and deliberate indifference to medical needs claims. On September 5, 1995, John Winton was booked into the Tulsa County Jail on shooting charges that were …
California Racial Segregation Case Reversed; Phone Claim Dismissed by Holding that the action was not time-barred and otherwise stated an actionable claim, the Court of Appeals for the Ninth Circuit has reversed a lower court’s dismissal of a prisoner’s pro se action which claimed that California state prisons practiced racial …
Brief • October 15, 2001
Hasan v. Contra Costa County, CA, Appeal Brief, Failure to Train Racial Discrimination, 2001 Nos. 01-15109,01-15448 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SAEDHASAN, Plaintiff, v. CONTRA COSTA COUNTY, et aI., Defendants/Appellants. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA …
Article • September 15, 2001 • from PLN September, 2001
Racist Knot of Florida Guards by Willie Wisely The fake hunting regulations prominently posted in a Calhoun Correctional Institution colonel's office read, "OPEN SEASON ON PORCH MONKEYS." The daily kill limit was ten according to the sign, Roy Hughes, a black guard, told the St. Petersburg Times December 19, 1999. …
Summary Judgment Denied on BOP Excessive Force Claims by The Federal District Court in Kansas has denied summary judgment on a prisoner's claims of excessive force. The Court also held guards were not entitled to qualified immunity on these claims. In 1997, Felmon Laury was placed in the Special Housing …
Article • September 15, 2001 • from PLN September, 2001
Suits Claiming Racial Discrimination Plague Florida Prisons by Gary Hunter Citing incidents dating back to 1993, over 100 current and past employees are suing the Florida DOC for perpetuating a "long standing custom or policy of racial discrimination." What began as two law suits in December 1999 increased to four …
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 …
New York City Settles Black Panther Frame Up Suit for $890,000 by Roger Smith On December 5, 2000, New York City officials agreed to settle Dhoruba alMujahid bin Wahad's wrongful imprisonment suit for $490,000 in damages, costs, and attorney fees. Wahad, a former Black Panther leader, was convicted of attempted …
Guards Use Shotguns to Control Riot by Guards Use Shotguns To Control Riot Guards used shotguns loaded with rubber pellets to break up a riot at Wallens Ridge Prison in Virginia. On Sunday December 3rd, in a deliberate violation of prison procedure, prisoners returning from lunch left the sidewalk and …
Article • May 15, 2001 • from PLN May, 2001
Bogus Felons List Results in Suppression of Florida Votes by Ronald Young Bogus Felons List Results In Suppression of Florida Votes by Ronald A. Young Undoubtedly, it was the politically motivated decision handed down by five U.S. Supreme Court justices to put a halt to counting untallied Florida votes which …
Brief • March 28, 2001
Zamani v. LAPD, CA, Appellant Brief, Racial Profiling, 2001 1. STATEMENT OF JURISDICTION This is an action brought originally in the United States District Court, Central District of California, brought by plaintiff under 42 U.S.C. § 1983 to vindicate his rights under the First, Fourth and Fourteenth Amendment to the …
Deadly Nostalgia: The Politics of Boot Camps by Christian Parenti The short, stout eighth grader Gina Score, was never much of an athlete. But that didn't matter to the staff at South Dakota's Plankinton boot camp for girls, where militarystyle discipline and calisthenics were the modus operandi and, as staff …
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. …
MO Prisoner Awarded $130,000 in Retaliation and Haircut Claims by On February 4, 2000 a federal jury in the Eastern District of Missouri awarded $130,000 in damages to Jerry McCrary. McCrary, who is black, filed suit claiming that while imprisoned at the Potosi Correctional Center in Missouri on August 16, …
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