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Not Part of my Sentence: The Rape of Washington Prisoners by Silja JA Talvi Gig Harbor, Wash.: Annette Guzman-White, a 32-year-old minimum-security prisoner incarcerated on a second-degree burglary charge at the Washington Correction Center for Women (WCCW), is eager to get out of prison. It's something that could probably be …
The Cost of Running Washington's Rape Camps by Paul Wright As the accompanying article, Not Part of My Sentence , makes clear, the sexual abuse of female prisoners by male prison employees is an endemic problem. As past issues of PLN show, this problem is not confined to any single …
Article • October 15, 2001 • from PLN October, 2001
Malicious Use of Force Violates Eighth Amendment by John E Dannenberg The Third Circuit held that in claims alleging the malicious use of force by prison guards the wantonness of the attack, rather than the degree of injury suffered, is the dispositive issue for courts reviewing such claims on summary …
Damages in Denial of Exercise Suit Reversed by The Seventh Circuit Court of Appeals, in a harshly worded opinion, reversed an Illinois federal district court judgment that a one-year loss of yard privileges suffered by a prisoner in disciplinary segregation was cruel and unusual punishment. Alex Pearson is a prisoner …
PLN Wins Nevada Censorship Suit by Beginning in January 2000, the Nevada Division of Prisons (DOP) began censoring Prison Legal News in all of its prisons, affecting 21 Nevada prisoners who subscribed to PLN .Prison Legal News was never afforded any notice of the censorship nor given an opportunity to …
Sanction Excessive When It Excludes Medical Expert's Testimony by The Court of Appeals for the Seventh Circuit has held that a discovery sanction is excessive when it causes the dismissal of a prisoner's suit by excluding expert medical testimony. The Court also held that dismissing a claim for failure to …
Article • October 15, 2001 • from PLN October, 2001
Administrative Exhaustion Not Jurisdictional by John E Dannenberg The Eighth Circuit Court of Appeals held that under the Prison Litigation Reform Act of 1996 (PLRA), a federal court is not deprived of jurisdiction to hear a prisoner's civil rights complaint under 42 U.S.C. § 1983 if he has not first …
Article • October 15, 2001 • from PLN October, 2001
Filed under: Civil Procedure, Appeals
Federal Appellate Rule 4(a)(6) Trumps Civil Rule 60(b) by The Tenth Circuit Court of Appeals has ruled that Federal Rule of Appellate Procedure (FRAP) 4(a)(6) trumps Federal Rule of Civil Procedure (FRCP) 60(b). Ernest Clark, a federal prisoner, filed suit in the U.S. District Court of Colorado. Before his case …
$350,000 Verdict in Dirty Dancing Suit; Punitive Damages Vacated by John E Dannenberg AU.S. district court jury in Washington, D.C., awarded female D.C. Jail prisoner Sunday Daskalea $350,000 in compensatory damages and $5 million in punitive damages against the District and the Department of Corrections Director, Margaret Moore, for Daskalea's …
PLRA Does Not Apply to Habeas Corpus Actions by The Court of Appeals for the Sev-enth Circuit held that the requirements of the Prison Litigation Reform Act (PLRA) do not apply to properly characterized habeas corpus petitions under 18 U.S.C. §§ 2241, 2254, or 2255, finding that those actions are …
No Interlocutory Appeal for Good Faith Defense by The Court of Appeals for the Seventh Circuit held that the requirements of the Prison Litigation Reform Act (PLRA) do not apply to properly characterized habeas corpus petitions under 18 U.S.C. §§ 2241, 2254, or 2255, finding that those actions are not …
PAMII Act Requires Release of Mental Health Records by A federal district court in Louisiana has held that federal law requires prison officials to release a prisoner's mental health records for investigation of claims of mistreatment. Prisoner William Ford sent a letter to the Advocacy Center complaining that he has …
Maryland Court Ruling on Tobacco Smoke Prompts Settlement by A Maryland federal district court's ruling denying summary judgment in an "environmental tobacco smoke" (ETS) case has prompted the Maryland Department of Public Safety and Correctional Services (DOPSACS) to ban tobacco, matches, and lighters at all Maryland state prisons, effective June, …
Article • September 15, 2001 • from PLN September, 2001
Ninth Circuit Reverses Time-Barred Habeas Petition by The Ninth Circuit Court of Appeals, sitting en banc , reversed a district court's dismissal of a federal habeas petition as time barred, and remanded the case to the district court to develop the record regarding whether the prisoner was entitled to a …
Ohio Death Row Prisoners Sue Over Last Words by An Ohio federal district court refused to dismiss a challenge to an Ohio policy prohibiting condemned prisoners from giving last statements. The Court also discussed the PLRA's administrative exhaustion requirements and mootness concerns. Ohio Death Row prisoner Fred Treesh and another …
Article • September 15, 2001 • from PLN September, 2001
Dismissal of Prisoner's Suit for Missing Evidentiary Deadline Reversed by The Court of Appeals for the Seventh Circuit has reversed the dismissal of a prisoner's pro se civil rights suit for missing a single pre-trial deadline. Bobby Ray Long, an Indiana state prisoner, filed a civil rights suit in federal …
CCA Gets Tangled in Financial Quagmire by Ronald Young CCA Gets Tangled In Financial Quagmire Corrections Corporation of America said it is contesting an $8.1 million request for payment from Merrill Lynch & Company related to its hiring of the investment firm in late 1999 for advice on a company …
Failure to Protect Confidential Informant Not Deliberate Indifference by The Court of Appeals for the Second Circuit held that the conduct of a county, when housing a prisoner with another prisoner against whom he had acted as a confidential informant, did not rise to the level of an Eighth Amendment …
Article • September 15, 2001 • from PLN September, 2001
Washington Supreme Court Upholds 35% Seizure Law by Roger Smith Washington Supreme Court Upholds 35% Seizure Law; But Prisoners Entitled To Interest From Mandatory Savings Accounts The Washington Supreme Court has declared RCW § 72.09.480 to be constitutional. The statute directs the Washington Department of Corrections (DOC) to seize 35% …
No Due Process for Washington Sex Offender Registration by No Due Process For Washington Sex Offender Registration The Washington Supreme Court held that sex offenders are not entitled to notice or a hearing prior to being assigned a registration level. In 1990, the Washington State Legislature enacted the Community Protection …
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