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Article • September 15, 2000 • from PLN September, 2000
Deviant Doctors Dumped on Prisoners by How does a psychiatrist come by the "qualifications" required to work in a state prison? Not all prison doctors have questionable pedigrees, but the case of Dr. Valentino Andres is all too common. According to a California prisoner and PLN subscriber, Dr. Andres is …
Former Political Prisoner Settles Suit for $4.5 Million by On April 26, 2000, the city of Los Angeles, California and the federal government agreed to pay former political prisoner Geronimo Ji Jaga (formerly known as Elmer Pratt) $4.5 million to settle a wrongful imprisonment suit he had filed. Ji Jaga …
Article • September 15, 2000 • from PLN September, 2000
Penis Stomping Guard Loses Appeal by In the July '99 issue of PLN we reported the conviction of former Orleans County Jail (Albion, NY) Lieutenant John Walsh on three counts of violating the civil rights of jail detainee Norvin Fowlks. Walsh was alleged to have tormented and abused Fowlks, who …
Article • September 15, 2000 • from PLN September, 2000
Filed under: Mail, Mail Regulations
PLN Sues Nevada DOP by On June 11, 2000, PLN filed suit against the Nevada Department of Prisons for censoring PLN at all Nevada prisons. Beginning in September, 1999, Nevada prison officials have banned PLN from all Nevada prisons claiming that "inmate correspondence" and "inmate newsletters" are not allowed. Efforts …
Article • September 15, 2000 • from PLN September, 2000
Filed under: Telephones, Telephone Rates
WA and IN Prison Phone Rates Challenged by On June 20, 2000, a class action suit was filed in King county (Seattle) superior court in Washington. The suit claims that various phone companies that have contracted with the Washington Department of Corrections to provide collect call services for Washington prisoners …
Pro Se Tips and Tactics by John Midgley Supreme Court on Kind and Quality of Appellate Counsel by John Midgley In three recent decisions, the U.S. Supreme Court addressed the kind and quality of representation to which people are entitled on appeal of their criminal convictions. If your conviction is …
The Ride: Rise of the NLR by Willie Wisely THE RIDE: Rise of the NLR By W. Wisely With virtually all confirmed members of the Aryan Brotherhood indefinitely sentenced to Pelican Bay's infamous SHU, a new group moved in to fill the void on California prison yards. The pace of …
Sex Offender Label May Require Due Process by The Eleventh Circuit ruled that absent a conviction for a sex related crime, classification of a state prisoner as a sex offender (and requiring him to register as a sex offender) implicates a liberty interest under the Due Process Clause. Jeffery Kirby …
Article • September 15, 2000 • from PLN September, 2000
No Qualified Immunity from ETS Exposure by The U.S. court of appeals for the Second Circuit held that it was clearly established after Helling v. McKinney, 509 U.S. 25 (1993), that prison officials could not be deliberately indifferent to exposure of prisoners to levels of environmental tobacco smoke (ETS) that …
Article • September 15, 2000 • from PLN September, 2000
Two Guards Killed During Botched Missouri Jail Escape by On June 22, 2000, a man and a woman rang the night bell of small county jail in Huntsville, Missouri, and when they were let in gunned down two guards in a botched attempt to spring a friend who was detained …
Race-Based Religious Policy Violates Equal Protection Clause by A federal district court in Virginia held that a race-based prison policy preventing non-Native American prisoners from obtaining Native American spiritual items violated the Equal Protection Clause. The court issued an injunction enjoining the application of the policy, based solely on race. …
Article • September 15, 2000 • from PLN September, 2000
Colorado DOC Attacks Jailhouse Lawyers by In March 1998, PLN reported on the case of Tebbetts v. Whitson, 956 P.2d 639 (Colo.App. 1997), where a Colorado prisoner was convicted of attempted bartering as a jailhouse lawyer and possessing another prisoner's legal papers. The Court of Appeals held the attempted bartering …
Change in Fulton County, GA: Indigent Defense, HIV, and Community Organizing by Lisa Zahren The Fulton County Jail in Atlanta is the largest jail in Georgia, with approximately 3,000 prisoners held there for months and sometimes years waiting for their cases to be resolved or to be transferred to a …
Article • September 15, 2000 • from PLN September, 2000
Prison Physician Liable for Refusal of Care by Ronald Young Prison Physician Liable For Refusal of Care The Seventh Circuit Court of Appeals held that a federal prisoner's Biven's claim did not state a medical care claim against a prison guard who failed to have the prisoner checked out after …
Washington Earned Early Release Credits Create Due Process Liberty Interests by Mark Cook The Washington State Court of Appeals, Division One, has held that: (1) a prisoner's right to community custody placement created limited due process liberty interests, but (2) delay did not violate prisoner's due process rights. Matthew S. …
Fines Against WA Civil Commitment Center Stayed by Dan Pens In the May 2000 issue of PLN we reported the progress of a federal court injunction issued in 1994 against Washington's Special Commitment Center (SCC), the nation's first civil commitment facility specifically for the long-term detention and "treatment" of "sexual …
U.S. Parole Commission Retaliation Reversed by Scott Fleming The Ninth Circuit U.S. Court of Appeals issued a ruling that safeguards the due process rights of prisoners whose release dates are committed to the discretion of parole agencies. In Bono v. Benov, 197 F.3d 409 (9th Cir. 1999), the court affirmed …
$53,000 Settlement in AL Conditions Suit by On April 8, 2000, the Alabama Department of Corrections settled a conditions lawsuit by agreeing to pay eight prisoners $53,000 in damages and establish basic standards of care at the Loxley Community Work Center in Mobile, Alabama. In August, 1997, eight prisoners were …
Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape Suit by Mark Cook Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape suit By Mark Cook The U.S. District Court for the Northern District of California held: (1) prisoners' action was not one sounding in tort, …
Article • September 15, 2000 • from PLN September, 2000
Bush's Conservative Compassion: Allowing a Life Sentence for Three Bounced Checks by by Matthew T. Clarke Texas Governor George Bush has based his presidential aspirations on the questionable concept of compassionate conservatism, but how compassionate is the Texas criminal justice system in dealing with its citizens under the Bush regime. …
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