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Retaliation Claim Satisfied by Existence of Major Misconduct Citation by John E Dannenberg Retaliation Claim Satisfied by Existence of Major Misconduct Citation by John E. Dannenberg The Sixth Circuit US Court of Appeals held that the "substantial or motivating factor" element required satisfying a Michigan prisoner's protected speech First Amendment …
Kentucky Jury Awards $2,641 to Estate of Murdered Prisoner by In the January, 2003, issue of PLN we reported Flint Ex Rel Flint v. Kentucky Department of Corrections, 270 F.3d 340 (6th Cir. 2001) where the court held that Kentucky prison officials and employees of Correctional Industries were not entitled …
Article • May 15, 2000 • from PLN May, 2000
Exposure to Second-Hand Smoke States Eighth Amendment Claim by The U.S. Court of Appeals for the Sec-ond Circuit reversed and remanded a district court's dismissal of a New York prisoner's lawsuit which complained of second-hand tobacco smoke. Samuel Davis, a non-smoker, had been a prisoner at New York's Attica Correctional …
No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit by John E Dannenberg No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit by John E. Dannenberg The Eighth Circuit U.S. Court of Ap-peals held that in a prisoner's Eighth Amendment …
Article • May 15, 2000 • from PLN May, 2000
Filed under: PLRA, Filing Fees (PLRA)
Inquiry Required Before Dismissal for Failure to Pay Partial Filing Fee by Inquiry Required Before Dismissal for Failure to Pay Partial Filing Fee The Eleventh Circuit Court of Appeals has held a district court must inquire into why a prisoner failed to pay an initial partial filing fee as ordered …
Filing • May 3, 2000
PLN v. WA DOC, WA, Reply to Response to Complaint, Records - Employee Conduct, 2000 I /\ I 2 3 4 IN THE SUPERJOR COURT OF THE STATE OF WASHING TON IN AND FOR THE COUNTY OF THURSTON 5 6 7 PRJSON LEGAL NEWS, INC., a Washington non-profit corporation, No. …
Brief • April 28, 2000
Vincent v. Martin, MI, Memo and Order, Right to Counsel, 2000 2:99-cv-71416-AC Doc # 81 Filed 04/28/00 Pg 1 of 14 Pg ID 178 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN VINCENT, Sr. and JOHN VINCENT, Jr., Plaintiffs, Case No. 99-CV-71416 V. HONORABLE AVERN COHN BILL …
Brief • April 18, 2000
Spina v. Kurtz, PA, Settlement, Civil Action Schuylkill County Prison, 2000 .. GENERAL RELEASE THAT MICHAEL ANDREW SPINA, for and in consideration of the sum of Ten Thousand ($10,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release and forever discharge DAVID KURTZ, EUGENE BERNADIER, …
Brief • April 17, 2000
Spina v. Kurtz, PA, Denial of MSJ, Civil Action Schuylkill County Prison, 2000 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL ANDREW SPINA, Plaintiff CIVIL ACTION ElLEDAPR J7~,UlJO v. DAVID KURTZ, et al., Defendants NO. 99-1611 Newcomer, S.J. March MEMORANDUM Presently before this Court is …
Article • April 15, 2000 • from PLN April, 2000
Filed under: Sentencing, Parole
California's No Parole Board by Marvin Mentor With no change in the statutory standards for lifer parole hearings, the CA Board of Prison Terms (BPT) has reduced its rate of parole grants from 50% in 1978 to 0.2% in 1998. In April, 1999, newly elected Governor Davis (who has the …
Guards Fired in Massachusetts Sex Abuse Cases by Four guards were fired from the Suffolk County House of Correction in Boston in August and October 1999 on charges that they had sexual contact with female prisoners. One of the prisoners became pregnant in what was described by the Boston Globe …
Article • April 15, 2000 • from PLN April, 2000
Texas Prison Rocked by Guard Killing, Riot by A guard at the McConnell Unit prison in Beeville, Texas, was fatally stabbed a week before Christmas, 1999. Three days later 80 convicts escaped from their ad-seg cells and took control of the unit for three and a half hours before riot …
Article • April 15, 2000 • from PLN April, 2000
Two Die during Latest Angola Escape Attempt by Two Die During Latest Angola Escape Attempt by Dan Pens A guard and a prisoner were killed December 28, 1999 at Louisiana's maximum security penitentiary at Angola during a bungled escape attempt that ended after a two hour hostage standoff. The guard, …
Article • April 15, 2000 • from PLN April, 2000
Prison Must Provide Medication Supply to Released Prisoners by by Matthew T. Clarke The Ninth Circuit has held that prison officials must provide a supply of medications to prisoners requiring medication when they are released from prison. Timothy Wakefield, a California state prisoner who requires psychotropic medication to control his …
Article • April 15, 2000 • from PLN April, 2000
Virginia Court Requires Pro Se Prisoner Plaintiff to Appear Via Video Conference by by Matthew T. Clarke A federal district court in Virginia has held that a pro se prisoner must present his civil rights case to the jury via video conferencing. Michael S. Edwards, a Virginia state prisoner, filed …
New York Federal District Court Rules Nassau County Strip Search Policy Unconstitutional by Ray E. Shain was arrested in Nassau County, New York, after police received a domestic disturbance call, and subsequently remanded by a Nassau County District Court Judge to the custody of the Nassau County Sheriff at the …
Article • April 15, 2000 • from PLN April, 2000
Flight to Texas Execution 'Not Life Threatening' by Texas prisoner David Martin Long had a date with the nation's busiest executioner (who had already dispatched 31 souls in 1999) on Wednesday, December 8, 1999. But Long decided to go out on his own terms: prison guards found him unconscious from …
Article • April 15, 2000 • from PLN April, 2000
Eleven Guards Injured in CA Ruckus by Eleven guards were treated for injuries resulting from a November 22, 1999 incident at the High Desert State Prison in Susanville, California prison authorities said. One guard had two teeth knocked out, The Sacramento Bee reported, during an attack by about 60 prisoners …
Article • April 15, 2000 • from PLN April, 2000
HIV+ Prisoners Not Qualified For Rehabilitation Act Benefits by James Quigley The U.S. court of appeals for the Eleventh Circuit, sitting en banc, held that because prisoners infected with Human Immunodeficiency Virus (HIV+) pose a "significant risk" of transmission to uninfected prisoners, they are not "otherwise qualified," as required under …
Turkish Political Prisoners Massacred by On September 26, 1999, eleven political prisoners in a Turkish prison were massacred by police. The victims were imprisoned members of the People's Revolutionary Liberation Front Party (DHKP-C) and the Communist Party of Turkey-Marxist-Leninist (TKP-ML). Both organizations are currently waging people's wars to overthrow the …
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