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Article • April 15, 2000 • from PLN April, 2000
Warrant Required Despite Private Prison Contract by The Court of Appeals for the Fifth Circuit held that a home detainee's contract with a private confinement company allowing warrantless home searches was invalid under Louisiana law. Therefore, any evidence from a warrantless search of his home was properly suppressed. Joshua Francis …
Article • April 15, 2000 • from PLN April, 2000
Discovering America As It Is by Hans Sherrer by Valdas Anelauskas, Clarity Press, Inc., Atlanta, Georgia, 1999, 584 pages Review by Hans Sherrer Discovering America is Valdas Anelauskas' challenge to the oft heard claim that America is the greatest country in the world. As a former Soviet dissident who emigrated …
Article • April 15, 2000 • from PLN April, 2000
Race to Incarcerate by Rick Card by Marc Mauer of the Sentencing Project,The New Press, 1999, 224 pages Review by Rick Card If understanding the social, political, and financial issues associated with our nation's massive prison system was a solution in itself, Marc Mauer's book, Race to Incarcerate, would spell …
Washington Prisoner May Not Challenge Underlying Infraction in Four Strike Disciplinary Violation by In the November 1998 issue of PLN we reported on In re Gronquist, 89 Wn.App. 596 P.2d 497 (WA Ct.App.Div.I 1997), where the Washington Court of Appeals granted Derek Gronquist's personal restraint petition alleging that he had …
Article • April 15, 2000 • from PLN April, 2000
Washington Health and Safety Standards Apply to Prison Work Places by The Washington State Supreme Court has held that the Dept. of Corrections (DOC) must comply with electrical licensing and safety laws, but not competitive bidding and prevailing wage laws, when managing prisoner labor. The National Electrical Contractor Association (NECA) …
Four Florida Prison Guards Face Murder Charges by Nine guards from Florida State Prison's "X-Wing" were suspended while state law enforcement investigators probed their role in the July 17, 1999 beating death of X-Wing prisoner Frank Valdes [see page 1 of the October 1999 PLN]. On February 2, 2000, four …
Article • April 15, 2000 • from PLN April, 2000
U.S. Political Prisoner Info by The Anarchist Black Cross Federation is a group dedicated to providing political and material support to political prisoners and prisoners of war. They currently distribute one of the largest selections of books, tapes and videos by and about American political prisoners anywhere. The proceeds of …
Article • April 15, 2000 • from PLN April, 2000
Filed under: News, News in Brief
News in Brief by AR: On January 17, 2000, the state prison system banned all tobacco products on prison property. The ban affects 12,000 prisoners and 3,000 employees. Brazil: On January 1, 2000, riot police stormed the Presidente Bernardes Penitentiary to end a 60 hour uprising by hundreds of prisoners …
Pretrial Cold Cell Violates Fourteenth Amendment by Ronald Young A federal district court in Illinois held that a pretrial detainee's alleged exposure to low temperature in a detention cell, while naked and with no alternative means of protecting himself from the cold, supported a claim of inadequate shelter against county …
Article • April 15, 2000 • from PLN April, 2000
En Banc Ninth Circuit Upholds Jail Porn Ban by Paul Wright By Paul Wright In the February, 1999, issue of PLN we reported Mauro v. Arpaio, 147 F.3d 1137 (9th Cir. 1998) where a panel of the Ninth circuit appeals court held that a jail policy banning all sexually explicit …
Article • April 15, 2000 • from PLN April, 2000
$3,000 Awarded in Wrongful Release Suit by On October 29, 1999, the New York court of claims awarded. $3,000 in damages to Frank Nicchio. Nicchio was a New York state prisoner who was wrongly held 30 days past his release date from prison. Nicchio was granted summary judgment on the …
Article • April 15, 2000 • from PLN April, 2000
Denial Of Food and Medicine Supports Eighth Amendment Claim by Ronald Young The court of appeals for the Seventh circuit held that a prisoner's medical condition was sufficiently serious to support an Eighth Amendment claim, and material fact issues existed as to whether officials acted with deliberate indifference toward the …
South Carolina Prisoner Wins Excessive Use of Force Suit Pro Se by South Carolina Prisoner Wins Excessive Use Of Force Suit Pro Se By Matthew T. Clarke In an unpublished opinion, the Fourth Circuit court of appeals has held that a South Carolina federal district court improperly failed to consider …
Tenth Circuit Holds Prison Officials Liable for Failing to Provide Religious Meals by Tenth Circuit Holds Prison Officials Liable For Failing To Provide Religious Meals The Tenth Circuit court of ap- peals has held that prison officials unconstitutionally interfered with a punitive segregation prisoner's exercise of religion when they failed …
Qualified Immunity Granted for Pre-1996 ADA Violation by The court of appeals for the Sixth Circuit held that it was not clearly established before 1996 that the Americans with Disabilities Act, (ADA), and Rehabilitation Act of 1973, (Rehabilitation Act), apply to state prisoners. As such, the court concluded that prison …
Article • April 15, 2000 • from PLN April, 2000
Notes from the Unrepenitentiary by Marilyn Buck Thinking About Dying and Living at the End of the 2nd Western World Millennium by Marilyn Buck Because I'm a Federal prisoner in California, I hear more about what goes on in California state prisons than in other states. Fortunately there exists a …
$4.1 Million Award In Suit Over Sexual Assault of Prisoners by Official by $4.1 Million Award In Suit Over Sexual Assault of Prisoners By Official by Matthew T. Clarke A federal district court in Texas has awarded two female prisoners who were the victims of sexual assault by a prison …
Article • April 15, 2000 • from PLN April, 2000
No Immunity for Media Defendants in Ridealong Suit by In the October, 1999, issue of PLN we reported Hanlon v. Berger, 119 S.Ct. 1706 (1999) where the court held that it violates the Fourth Amendment to the U.S. constitution for police to bring media reporters and photographers with them when …
Article • April 15, 2000 • from PLN April, 2000
Error in Electronic Docket Tolls Appeal Deadline by The court of appeals for the Eleventh circuit held that a lawyer's reliance on a district court's electronic docketing system to monitor a case's progress would toll the 30 day time limit in which to file a notice of appeal. As state …
ADA Applies to Parole Claims by The court of appeals for the Ninth circuit held that the Americans with Disabilities Act (ADA) applies to claims that prisoners are denied parole primarily due to past histories of substance abuse. The court held that habeas corpus is not the sole remedy for …
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