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Article • December 15, 1999 • from PLN December, 1999
Virginia Juvenile Dies of Accidental Heart Attack by Dan Pens The state police were phoned and asked to send a trooper to formally charge Dandridge with assault. Meanwhile, Oak Ridge officials say, the youth was observed every five minutes through his cell door window. Nobody went into the cell to …
Article • December 15, 1999 • from PLN December, 1999
Ninth Circuit Vacates Previous Opinion Ruling PLRA's Provision Unconstitutional by Rules Taylor Not a Consent Decree In 1972, Eddie W. Taylor and George Yanich, Jr., Arizona state prisoners, filed class action suits under 28 U.S.C. § 2254 and 42 U.S.C. § 1983 challenging Arizona's prisoner behavior and discipline rules and …
Article • December 15, 1999 • from PLN December, 1999
Pelican Bay Guard Indicted in Shooting by Willie Wisely by W. Wisely For the second time in less than two years, a California prison has become the target of a U.S. Justice department investigation. In part of what is expected to be a wider civil rights prosecution, a federal grand …
Article • December 15, 1999 • from PLN December, 1999
Tennessee Prison Guard to Pay $50,000 for Stabbing by A former Tennessee Dept. of Correction guard has been ordered to pay $50,000 to a prisoner who was attacked and stabbed after he resisted the extortion demands of other prisoners. U.S. District Judge Todd Campbell ruled on August 7, 1999 that …
1999 Washington State Legislative Roundup by The 1999 Washington legislature created or amended far too many statutes of interest to our readers to adequately summarize, but here are some highlights: Custodial Misconduct makes it a class C felony for an employee or contract personnel of a correctional agency [or] law …
Arizona Can't Seize All Prison Labor Back Wages by The Arizona court of appeals held that the state of Arizona can only seize thirty percent of a successful prisoner litigants back wages award. In 1983 and 1984 Richard Ford, an Arizona state prisoner, worked for Cutter Industries, a private company …
Riots Rock CCA Prison in Oklahoma by In Nov. 1998 Corrections Corporation of America (CCA) opened the Diamondback Corr. Facility in Watonga, OK and filled it with prisoners from Indiana and Hawaii. According to a prisoner housed at the facility there was a great deal of tension between the two …
New Jersey Jail Settles Chemical Burn Suit for $900,000 by On April 20, 1999, Atlantic County, New Jersey, paid $900,000 to settle a lawsuit involving extensive chemical burns suffered by a prisoner forced to do calisthenics in a pit filled with caustic chemicals. David Zamot was a non violent offender …
Article • December 15, 1999 • from PLN December, 1999
Punitive Shackling Without a Hearing Okay by The court of appeals for the Eighth Circuit held that it does not violate the Eighth or Fourteenth amendment to chain and shackle a prisoner in his cell for 24 hours without first providing for a hearing or an opportunity to be heard. …
Article • December 15, 1999 • from PLN December, 1999
IFP Plaintiffs Must Have Opportunity to Challenge Reasons for "Bad Faith" Certifications by The U.S. court of appeals for the Seventh Circuit held that prisoners, who proceed in forma pauperis (IFP) before a district court, are entitled to an opportunity to give reasons justifying an appeal, whenever a district court …
Article • December 15, 1999 • from PLN December, 1999
Construction Audit Criticizes Oregon DOC by A report by Oregon state auditors released March 18, 1999, cited over $4 million in questionable expenses paid to contractors during a 2,348 bed expansion at the Snake River Corr. Institution in Ontario. The secretary of state's Audit Division recommended that the Dept. of …
Article • December 15, 1999 • from PLN December, 1999
Eleventh Circuit Upholds Constitutionality of PLRA's Automatic Termination Provision by The Eleventh Circuit court of appeals has upheld the constitutionality of the immediate termination provisions of the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626(b)(2). Alabama women state prisoners filed a class-action civil rights suit under 42 U.S.C. § …
South Dakota Eliminates Law Libraries by On May 17, 1999, the South Dakota Department of Corrections settled a lawsuit that eliminates law libraries in the state's prisons and replaces them with limited assistance from a legal contractor. Under the terms of the settlement, South Dakota's four main prisons will maintain …
Trial Required in ADA Suit over HIV Medication by In the July, 1999, issue of PLN we reported McNally v. Prison Health Services, 28 F. Supp.2d 671 (D ME 1999) in which the court denied the defendants' motion to dismiss. The case involves David McNally, an HIV positive arrestee who, …
Fifth Circuit Says Rotting to Death in Prison Okay by Ronald Young How often have you heard it said of prisoners, "Let them rot in prison?" Probably more times than you care to remember. In the case of Mississippi prisoner Eugene Stewart, such a hellish and cruel death as literally …
Article • December 15, 1999 • from PLN December, 1999
Many Florida Prison Guards Are Law Breakers by After a review of state records, two Florida newspapers have revealed that state and county prison guards are twice as likely to be disciplined for violations of standards than police officers and that nearly ten percent of Florida state prison guards have …
Sandin Does Not Apply to Pretrial Detainees by The Seventh Circuit court of appeals has held that a pretrial detainee may not be punished for his crime prior to conviction and that Sandin v. Conner, 515 U.S. 472 (1995), does not apply to suits by pretrial detainees. Ricky Joe Rapier …
Administrative Remedies Exhausted When Response Time Elapses by The court of appeals for the Fifth circuit held that prison administrative remedies are deemed exhausted when the time period for the prison's response elapses, regardless of whether or not the prison has responded. 42 U.S.C. § 1997e requires that prisoners exhaust …
Article • December 15, 1999 • from PLN December, 1999
Sleep Deprivation Not Frivolous Claim by Ronald Young by Ronald Young The court of appeals for the Fifth circuit held that a prisoner's claim based on custodial classification was frivolous, and the prisoner's Eighth Amendment claim was frivolous insofar as it sought damages for emotional suffering. The court also held …
Article • December 15, 1999 • from PLN December, 1999
Washington Court of Appeals Holds Restitution Orders Invalid by The Washington state Court of Appeals held that restitution orders entered under the pre-1995 version of RCW 9.94A.142 are invalid if entered more than 60 days after sentencing and entered: (1) as an ex parte order, if the defendant objected, regardless …
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