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Article • November 15, 2000 • from PLN November, 2000
Filed under: Work, Prison Industries
Slave Labor Supplanting Welfare State by Ronald Young By Ronald Young Texas has a history rooted in the Southern antebellum traditions of religion and slavery. One of the cornerstones of Texas governor and presidential hopeful George W. Bush's "compassionate conservatism" is what he calls faith-based social programs. Bush is of …
Article • November 15, 2000 • from PLN November, 2000
Texas Prisons Heat Up As Parole Hopes Fade by Ronald Young By Ronal Young The summer continued to heat up in the Texas prison system even before the season officially began. On May 5, 2000, guards at the Stiles prison near Beaumont overpowered an armed male prisoner after he briefly …
Disabled Prisoner Survives Summary Judgment by A federal district court in Kansas held that jail officials were not entitled to qualified immunity with respect to their treatment of a double amputee prisoner, and denied defendant's motion for summary judgment on all claims. Tracy Schmidt, without both legs below the knees, …
Article • November 15, 2000 • from PLN November, 2000
Without Running Water by A A Without running Water By David M. Reutter PLN previously reported that Florida's Martin Correctional Institution (MCI) had been evacuated as a result of bad water. [See PLN, May, 2000: Bad Water Causes Florida Prison Evacuation.] That report was based solely upon media reports that …
Discipline for Correspondence Containing Legal Advice Vacated; US S.Ct. Grants Review by The Ninth Circuit Court of Appeals held that punishment imposed upon a prisoner law clerk for sending a letter containing legal advice to another prisoner was an exaggerated response, which violated the law clerk's First Amendment rights. While …
Article • November 15, 2000 • from PLN November, 2000
$78,000 Damages and Fees Awarded in KS Kosher Diet Suit by A federal district court in Kansas awarded a prisoner $30,622 in attorneys' fees and $1,200 in costs and expenses. The court held, however, that the Prison Litigation Reform Act (PLRA), required the court to apply 25 percent of plaintiff's …
Brief • November 9, 2000
Covington v. District of Columbia, DC, Complaint, Prisoner Assault, 2000 THE DISTRICT OF COLUM Defendant COMPLAINT (Negligence) I. Jurisdiction 1. This is a civil action seeking compensatory damages for injuries suffered by Larry Covington. This action arises under the common law of the District of Columbia. 2. This court has …
Brief • October 17, 2000
Filed under: Accidents
Baker v. WA DOC, WA, Complaint, Slip and Fall, 2000 P. 04 FAX NO. ") lO)"l';).,S- nEcEWED ,llRCE rVRD ocr1'lllO'. ' 1 III '~8U\iS1Bl'C6ll11_1 " ; '\ .. i,\ 'S OfFICE 2 \! r.1.\.,,<;, I {\s'bi~isioH JUL 13 2000' 1Uf'bL't't1PI~ 3 Olll~ Cashfers~on kNT SUpedorCourtClIlI'k 4 S , RriCEIV 6 …
Brief • October 17, 2000
Avery v. District of Columbia, Release, Inmate Assault, 2000 RELEASE. KNOW ALL MEN BY THESE PRESENTS, That I, Antonio Avery, DOB 9-1-72, DCDC # 248-092, Social Security N u m b e r _ , for consideration of the sum of five thousand dollars ($5,000), including attorneys' fees and costs, …
Article • October 15, 2000 • from PLN October, 2000
Filed under: News, News in Brief
News in Brief by Belgium: On July 10, 2000, Bertrand Sassoye, a political prisoner of the Combatant Communist Cells (CCC), was released after serving 14 years in prison. Sassoye had been convicted of participating in dozens of bombings carried out by the CCC against NATO and capitalist targets in Belgium. …
Article • October 15, 2000 • from PLN October, 2000
Filed under: Work, Prison Industries
The Penal System and the U.S. Labor Market by Bruce Western Bruce Western, Princeton University Kathy Beckett, Indiana University The low rate of US. unemployment contrasts strikingly with very high levels of joblessness in Europe. Official statistics show that U.S. unemployment is now around 4% while European unemployment is over …
Article • October 15, 2000 • from PLN October, 2000
Massachusetts Prisoners' Political Action Committee Floundering by Massachusetts prisoners were set back in their electoral efforts when the formation of a political action committee (PAC) inside the walls of the Massachusetts Correctional Institution was banned by executive order of Republican Governor Paul Cellucci. Guards confiscated the prisoners' political materials and …
Article • October 15, 2000 • from PLN October, 2000
Filed under: Organizing, Voting
NH Supreme Court Overturns Prisoner Voting Rights by Ronald Young By Ronald Young As previously reported in PLN, New Hampshire state prisoner David J. Fischer successfully litigated the right of New Hampshire prisoners to cast absentee ballots in local, state, and federal elections. Fischer alleged that legislation prohibiting felons from …
Article • October 15, 2000 • from PLN October, 2000
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Statute of Limitations by Kent 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 …
Ohio Prison Food Contract Sparks Controversy by In 1998 senior officials of the Ohio Department of Rehabilitation and Correction (DORC) were convinced that outsourcing prison food service would be the next great leap forward for Ohio penology. So they bid out a contract for private firms to provide food service …
Article • October 15, 2000 • from PLN October, 2000
First Federal Execution Postponed by Bill Dunne By Bill Dunne Federal authorities announced on July 6, 2000, a plan to delay the execution of Juan Raul Garza, previously scheduled for August 5, 2000. Garza was convicted in 1993 in Brownsville, TX, of ordering three drug-related murders, for which he denies …
Nassau Jail Guards Convicted, Sentenced for Fatal Beating by Two Nassau County (NY) jail guards who fatally beat an unarmed jail detainee were sentenced May 26, 1999, to 11 years in federal prison, and a jail supervisor who tried to cover up for them received nearly 6 years. In the …
Article • October 15, 2000 • from PLN October, 2000
No Immunity in Denying Kosher Diet by The court of appeals for the Second Circuit held that fact issues requiring a trial were present in a Jewish prisoner's lawsuit over the denial of a kosher diet. The court also held prison officials were not entitled to qualified immunity from money …
Ninth Circuit Reverses Madrid v. Gomez, Adopts Martin v. Hadix by Ninth Circuit Reverses Madrid V. Gomez, Adopts Martin v. Hadix By Matthew T. Clarke The Ninth Circuit has ruled that the Prison Litigation Reform Act (PLRA) attorney fees caps do not apply to work performed prior to the enactment …
Article • October 15, 2000 • from PLN October, 2000
Nominal Damages Not Monetary Award Under PLRA Attorney's Fees Cap by A federal district court in Maine has held that the award of one dollar in nominal damages does not invoke the PLRA attorney's fees cap, 42 U.S.C. § 1997e(d)(2). Raymond P. Boivin, a Maine state pre-trial detainee, sued a …
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