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Dismissal of Haircut Suits Reversed
Article • December 15, 1999 • from PLN December, 1999
Filed under: Administrative Exhaustion (PLRA), Grooming Rules, Religious Freedom, Religious Grooming
Dismissal of Haircut Suits Reversed by In two brief, separate rulings, the court of appeals for the Eighth circuit reversed and remanded the dismissal of lawsuits challenging prison haircut rules by Rastafarian prisoners. In one case, the court held the district court had improperly concluded the plaintiff had not exhausted …
Illinois Prison Home to Illegal Tire Dump
Article • December 15, 1999 • from PLN December, 1999
Filed under: DOC/BOP misconduct, Prison Industries, Conditions of Confinement, Environmental Law
Illinois Prison Home to Illegal Tire Dump by What do you do with 17,000 tons of scrap truck tire casings? The administration of Illinois's Logan Correctional Center has to figure that one out, says the Illinois Environmental Protection Agency and the Lincoln Fire Department. The veritable mountain of tire casings, …
Retaliation Verdict Remanded for Damages
Article • December 15, 1999 • from PLN December, 1999
Filed under: Retaliation, Retaliation for Filing Grievances, Damages, Administrative Exhaustion
Retaliation Verdict Remanded for Damages by The court of appeals for the Eighth circuit held that a district court abused its discretion when it only awarded nominal damages to a prisoner who won a grievance retaliation claim against a jail guard. The court also notes cases on damage awards for …
Prisoner Withstands Summary Judgment on Cell Condition Claim
Article • December 15, 1999 • from PLN December, 1999
Filed under: Conditions of Confinement, Eighth Amendment, Exposure to Cold, Clothing, Toilets, Sanitation, Bedding, Hygiene Supplies
Prisoner Withstands Summary Judgment on Cell Condition Claim by A federal district court in Virginia held that a genuine issue of material fact as to whether a prisoner's cell was adequately heated, had bedding and was maintained in a sanitary condition, precluded summary judgment. Virginia Department of Corrections prisoner Robb …
Washington Good Time Ban Unconstitutional
Article • December 15, 1999 • from PLN December, 1999
Filed under: Sentencing, Good Time, Three Strikes
Washington Good Time Ban Unconstitutional by In a ruling with far reaching implications, a Washington state court of appeals held that a "three strikes" ballot initiative that eliminated good time and early release credits for first time offenders convicted of first degree murder, first degree rape and assault and assault …
Satellite Tracks Parolees
Article • December 15, 1999 • from PLN December, 1999
Filed under: Conditions of Confinement, Electronic Monitoring, Parole
Satellite Tracks Parolees by Willie Wisely by W. Wisely Defense Department satellites designed to help guide nuclear missiles hang in geosynchronous orbit 12,500 miles above. The network of 24 military satellites hasn't been used much raining thermonuclear destruction on godless communists since the end of the Cold War. So, the …
News in Brief
Article • December 15, 1999 • from PLN December, 1999
Filed under: News, News in Brief
News in Brief by AR: On August 11, 1999, a Lafayette Co. jail guard received a 5 year suspended sentence for having forcible sex with the wife of a prisoner as "payment" for letting her have a private visit with her husband. Michael A. Null, 38, pleaded guilty to felony …
From the Editor
Article • December 15, 1999 • from PLN December, 1999
Filed under: Commentary/Reviews, Editorials
From the Editor by Paul Wright by Paul Wright The August issue of PLN had the last column Laura Whitehorn wrote for us before getting out of prison on August 5, 1999. Laura believed it was important that her column be written by current prisoners, as opposed to a former …
Blackburn v. Moss, WA, Settlement and Release Agreement, Disability Access, 1999
Brief • December 9, 1999
Filed under: Discrimination, Americans with Disabilities Act
Blackburn v. Moss, WA, Settlement and Release Agreement, Disability Access, 1999 IEPT OF GENERAL ADMINISTRATION EE BART T BLACKBURN DOC #961795 ) DAY INVOICE YR NUHBER 2 08 99 DOL-9/15/98 31050592 150-0 REfERENCE 275542C AMOUNT INVOICE DISCOUNT 06C2019 01 () D 1'\ NET DUE 2 500.00 e 2 500.00 3E …
Turay v. Seling, WA, Stipulations, Civil Commitment, 1999
Brief • December 2, 1999
Filed under: Civil Commitment
Turay v. Seling, WA, Stipulations, Civil Commitment, 1999 Turay v. Seling ™ H • • • • HH • • • • PC-WA-004-003 Honorable William L. Dwyer 1 2 ENTERED 3 4 °tC 1 1999 J K 5 WASHINGTON DEPUTY 6 7 8 UNITED STATES DISTRICT COURT FOR THE WESTERN …
Hardt v. WA DOC, WA, Complaint, Miscalculation of Earned Time, 1999
Brief • November 28, 1999
Hardt v. WA DOC, WA, Complaint, Miscalculation of Earned Time, 1999 STANUAlUJ TUKT LLA.lNll'UW"~ Pursuant to RCW 4.91, tlIiS AUtin is provided Cor your conveni~ce whc:n filing a tort claim against the Slate of Washington. If filing a claim involving an accident with a vehicle operated by a state employee. …
Taylor v. District of Columbia, DC, Release, Vehicle Collision, 1999
Brief • November 17, 1999
Taylor v. District of Columbia, DC, Release, Vehicle Collision, 1999 ...• RELEASE KNOW ALL MEN BY THESE PRESENTS, That I, Sharell Taylor, residing at 8205 Consett,Court, Severn, Maryland, with Social Security Number for consideration ofthe sum of Seven Thousand and No DaHars ($7,000), lawful money of the United States, the …
PLRA Attorney Fee Cap Not Retroactive in Attorney Client Case
Article • November 15, 1999 • from PLN November, 1999
Filed under: Attorney Fee Awards, Attorney Client, Attorney Fees (PLRA), Preliminary Injunctions/TRO's, Visiting, Attorney Visits
PLRA Attorney Fee Cap Not Retroactive in Attorney Client Case by A federal district court in Colorado has held that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d) does not apply to attorney fees accrued prior to the enactment of the PLRA, but …
Sheriff Liable for Inadequate Staffing and Refusing Medical Treatment to Assaulted Prisoner
Article • November 15, 1999 • from PLN November, 1999
Filed under: Injury -- Misc., Crime/Demographics, Informants, Failure to Protect (General), Staffing, Parties, Municipal Liability, Failure to Train/Supervise
Sheriff Liable for Inadequate Staffing and Refusing Medical Treatment to Assaulted Prisoner by The Tenth Circuit court of appeals held that a sheriff may be liable for insufficient jail staffing and refusing medical treatment to a prisoner who was beaten by other prisoners. Genaro Lopez was a prisoner in the …
Second Circuit Discusses Heck and Edwards
Article • November 15, 1999 • from PLN November, 1999
Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests
Second Circuit Discusses Heck and Edwards by No Bar to Prisoners Challenging Condition, not Duration, of Disciplinary Confinement The Second Circuit court of appeals has held that prisoners who have no recourse under the federal habeas corpus statute may file a federal civil rights suit challenging their conditions of confinement …
Evidentiary Hearing Allowed in PLRA Consent Decree Terminations
Article • November 15, 1999 • from PLN November, 1999
Filed under: Conditions of Confinement, Totality of Conditions, Consent Decrees (PLRA)
Evidentiary Hearing Allowed in PLRA Consent Decree Terminations by The court of appeals for the Fourth circuit reaffirmed that the Prison Litigation Reform Act's (PLRA) consent decree termination provisions are constitutional and also held that the PLRA provides no avenue for district courts to make after the fact findings to …
West Virginia Supreme Court Upholds Computer Ban
Article • November 15, 1999 • from PLN November, 1999
Filed under: Retaliation for Litigating, Computers, Court Access, Writing Implements, Prisoner Property
West Virginia Supreme Court Upholds Computer Ban by In the February, 1998, issue of PLN we reported that the West Virginia Department of Corrections (DOC) had prohibited its prisoners from having personal computers in their cells. In the previous decade West Virginia, New Jersey, Wyoming, Alaska and a prison in …
Washington Felony Infraction Law Struck Down
Article • November 15, 1999 • from PLN November, 1999
Filed under: Disciplinary Hearings, Legality of Rules, Sanctions (Disciplinary Hearings), Criminal Prosecution
Washington Felony Infraction Law Struck Down by A Washington state appeals court held that a state law allowing the felony prosecution of prisoners who are infracted in prison after having lost all good time credits violates the state constitution. The court also suggested that all Washington DOC infractions issued after …
Request for Telephonic Appearance Must Be Considered
Article • November 15, 1999 • from PLN November, 1999
Filed under: Court Access, Court Appearances, Seizure of Prisoner Funds, Family Law
Request for Telephonic Appearance Must Be Considered by The Idaho Court of Appeals held that a prisoner's due process rights were violated when a magistrate failed to consider his request to appear telephonically in a child support action. In April, 1997, the Idaho Bureau of Child Support (Bureau) brought an …
BOP Violates Due Process in Ad-Seg, Transfer and Mail Suit
Article • November 15, 1999 • from PLN November, 1999
Filed under: Disciplinary Hearings, Notice of Charges, Escapes, Habeas Corpus, Mail Regulations, Ad-Seg Hearings, Fathers in Prison
BOP Violates Due Process in Ad-Seg, Transfer and Mail Suit by A federal district court in Illinois held that the Bureau of Prisons (BOP) violated a prisoner's right to due process when it placed him in administrative segregation (ad seg), transferred him to a different prison and denied him the …
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