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Article • January 15, 2001 • from PLN January, 2001
Eleventh Amendment Immunity for Illinois Sheriff Denied by Denial of a county Sheriff's motion for dismissal of an arrestee's civil rights suit was affirmed when the Seventh Circuit upheld a district court's ruling that an Illinois Sheriff is a county officer and Eleventh Amendment immunity did not apply. Mario DeGenova …
Article • January 15, 2001 • from PLN January, 2001
AZ Medical Copayment Not Retroactive by James Quigley A federal district court in Arizona held that Ariz. Rev. Stat. (ARS) § 31201.01, which includes a socalled medical copayment provision, cannot be applied to state prisoners who are incarcerated for offenses committed prior tothe statute's effective date. In an unpublished ruling …
Article • January 15, 2001 • from PLN January, 2001
Filed under: Sentencing, Parole
Morrissey Protections Required for WA Community Custody Revocation by In a case of first impression, the Washington state court of appeals held that an individual facing community custody revocation is entitled to the procedural protections established in Morrissey v. Brewer, 408, U.S. 471, 92 S.Ct. 2593 (1972), but that counsel …
Iowa Segregation Suit Settled by James Quigley A federal district court in Iowa held that after nearly a decade of unconstitutional conditions, state prison officials have finally submitted an acceptable plan to remedy substantive due process violations relating to extraordinarily longterm lockup, and various Eighth Amendment violations in a segregation …
Article • January 15, 2001 • from PLN January, 2001
Right to Associate Still Viable by The U.S. court of appeals for the Second Circuit held that genuine issues of fact, as to the reasonableness of an official denial of a prisoner's request to form a legal defense center, precluded summary judgment for prison officials. The court, however, further held …
Construction Contractor Not Liable Under §1983 for Disabling Fire Safety Equipment by Construction Contractor Not Liable Under §1983 for Disabling Fire Safety Equipment A federal district court in Illinois has dismissed a private construction contractor from a suit alleging a prisoner was injured in a fire after the contractor's employees …
Guard Reinstated After Nazi Flag Flap by Ronald Young New York state prison guard Edward Kuhnel was suspended from his job on December 12, 1996, two days after a picture of a Nazi flag flying outside his home appeared in a local newspaper. Pursuant to the grievance procedure outlined in …
Article • January 15, 2001 • from PLN January, 2001
Filed under: Sentencing, Habeas Corpus
Habeas Hints: State Remedies by Kent A. Russell by Kent Russell This column is intended to provide "habeas hints" for prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA -- the …
DC Prisoners Sue VA Over Restraints by Since 1998, about 1,200 District of Columbia prisoners have been caged at the Sussex II highsecurity state prison in Virginia when D.C. closed its aging Lorton Correctional Complex. On August 29, 2000 a class action lawsuit filed on behalf of those prisoners claims …
Administrative Exhaustion Required in Third Circuit; U.S. S. Ct. Grants Review by The Court of Appeals for the Third Circuit ruled that the PLRA requires exhaustion of administrative remedies for all prisonerinitiated prisoncondition federal court actions, even if "available" remedies exclude the specific relief sought. Applying the rule to both …
Build Jails, Not Schools: Ohio Prison Building Corruption by Bill Dunne The apparatus of repression provides frequent examples of the corruption endemic to late capitalism. It is hugely expensive, miniminaly accountable, and has no clear product by which to gauge its performance. Military fraud and waste are cliche. Endless police …
Article • January 15, 2001 • from PLN January, 2001
University Cancels Sodhexo-Marriott Contract by Students from Evergreen State College in Olympia, Washington, declared victory August 14, 2000 in a two month struggle to keep a catering company with ties to the forprofit prison industry from taking over the school's food service contract. In July, school administrators announced that the …
Article • January 15, 2001 • from PLN January, 2001
Sodexho Bows to Pressure, Announces Sale of CCA Stock by Bowing to pressure from angry U.S. and Canadian student activists, Paris based Sodexho Alliance (SA) announced plans to sell its 8 percent stake in Corrections Corporation of America, as soon as CCA completes a corporate restructuring. But in a statement …
Article • January 15, 2001 • from PLN January, 2001
States of Confinement: Policing, Detention, and Prisons by Mumia Abu-Jamal Edited by Joy James. (New York: St. Martin's Press, 2000). 352 Pages Reviewed by Mumia AbuJamal Russian novelist Fyodor Dostoyevsky once opined that the nature of a civilization could be discerned by examining its prisons. If that is so, James …
PLRA Attorney's Fees Cap Applies to Nonprisoner Intervenors by The Fourth Circuit has held that a publisher who intervened in a law suit filed by prisoners is subject to the attorney fees cap of the Prison Litigation Reform Act. Virginia state prisoners Donald Hodges and Michael Flores sued Keen Mountain …
Pubic Hair Search of Released Jail Detainee Unconstitutional by A federal district court in Alabama held that a sheriff's policy of searching prisoners' pubic hair as they were released from jail was unconstitutional. The court also held that jail officials were entitled to qualified immunity from money damages for strip …
IFP Litigant Entitled to Amend Complaint by The court of appeals for the Second circuit held that a district court erred when it dismissed an indigent pro se prisoner's complaint without affording him an opportunity to amend the complaint and cure the defect. Benjamin Cruz, a Connecticut state prisoner, filed …
Article • January 15, 2001 • from PLN January, 2001
Hepatitis C, A 'Silent Epidemic' Strikes U.S. Prisons by Silja JA Talvi It's been called the nation's most insidious virus. A "silent epidemic" that has swept the nation, hepatitis C is now the most common, chronic, bloodborne infection in the U.S. Because the virus often causes no noticeable symptoms for …
Louisiana Prison System Exceeds Administrative Statutory Authority by The Court of Appeals of Louisiana for the First Circuit has held the Department of Public Safety and Corrections (DPSC) exceeded its statutory authority when it referred prisoners to a "Special Court" for the additional forfeiture of good time when they had …
Article • January 15, 2001 • from PLN January, 2001
U.S. S.Ct. Upholds PLRA Automatic Termination Law by On June 19, 2000, a divided U.S. supreme court upheld the constitutionality of 18 U.S.C. § 3626(e)(2). In 1996 congress enacted the Prison Litigation Reform Act (PLRA). Among the PLRA's provisions are 18 U.S.C. § 3626(b)(2) which allows for the "immediate termination" …
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