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Article • March 15, 2000 • from PLN March, 2000
Washington DOC Public Disclosure Overcharges Struck Down by On September 17, 1999, Spokane superior court judge Ellen Clark ruled that the Washington Department of corrections has been overcharging for Public Disclosure Act (PDA) requests. RCW 42.17 allows citizens to seek documents from state and local government agencies. RCW 42.17.300 allows …
New Folsom Year Long Lockdown by Willie Wisely by W. Wisely Northern California Mexican prisoners have been locked down since November 21, 1998, at New Folsom Prison's C Facility. The lockdown began when Northern and Southern California Mexican prisoners, long time enemies, fought on the yard. Ken Hurdle, an ombudsman …
Class Certification Appeals Must Be Timely by The Court of Appeals for the Seventh Circuit held that parties seeking to immediately appeal decisions to grant or deny class certification must do so within the ten days prescribed by Federal Rules of Appellate Procedure (FRAP) 23(f). Women prisoners in the Cook …
Article • March 15, 2000 • from PLN March, 2000
Filed under: Mail, Mail Regulations
Michigan DOC Settles Lawsuit Over PLN Book Ban by In April, 1999, the Michigan DOC settled a class action lawsuit filed by Prison Legal News, Common Courage Press, and Michigan prisoners Larry Lynch and Calvin Holmes over the censorship of the PLN anthology, The Celling of America: An Inside Look …
Article • March 15, 2000 • from PLN March, 2000
Filed under: News, News in Brief
News in Brief by Bermuda: On December 22, 1999, the British territory abolished the death penalty and corporal punishment. CA: In December, 1999, Charles Scott was arrested by Kern county sheriff's deputies after they found 34 rifles and pistols, tear gas, stingball and flash bang grenades in his home. Police …
Brief • March 14, 2000
Spina v. Kurtz, PA, Order, Civil Action Schuylkill County Prison, 2000 ,fc 1f je fl11et1 f-. .1,' u( fott- I £,( ( +r v c( 3 DO W1 . IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICB~EL ANDREW SPINA, Plaintiff CIVIL ACTION v. DAVID KURTZ, …
Brief • March 3, 2000
Bossard Associates v. District of Columbia, DC, Release, Court Reporter Payment, 2000 n... ~ flAR zooO RELEASE KNOW ALL PERSONS BY THESE PRESENTS, that Bossard Associates, Inc., 1212 New York Ave., NW, Washington, DC 20005, Tax Identification No~ereinafterBossard), for and in consideration ofthe sum ofFifteen Thousand Nine Hundred Twenty Dollars …
Filing • March 2, 2000
PLN v. WA DOC, WA, Complaint, Records - Employee Conduct, 2000 2 3 4 5 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF THURSTON 6 7 PRISON LEGAL NEWS, INC., a Washington non-profit corporation, 8 Plaintiff, ) ) ) ) ) 9 I0 …
Miscarriage is Serious Medical Condition by A federal district court in Maine held that a miscarriage is a serious medical condition, but dismissed a state law medical negligence claim for failure to comply with the pre-suit screening requirements of the Maine Tort Claims Act (MTC). On June 13, 1996, Melissa …
Article • February 15, 2000 • from PLN February, 2000
Filed under: Civil Procedure, Costs
Indigence is Cause to Retax Costs by The court of appeals for the Ninth circuit held that a district court abused its discretion in denying a motion to retax costs when the losing plaintiff was indigent and the effect of taxing costs against the plaintiff would chill future civil rights …
Article • February 15, 2000 • from PLN February, 2000
Notice of Summary Judgment Requirements Mandatory by The U.S. court of appeals for the Second Circuit held that it is inappropriate to enter summary judgment against a pro se litigant if there is no indication that the litigant understands the requirements for summary judgment. In 1995, Stanley McPherson was a …
Article • February 15, 2000 • from PLN February, 2000
Sylvia Baraldini Goes Home After Sixteen Years by Julia Lutsky Sylvia Baraldini Goes Home after Sixteen Years by Julia Lutsky On August 25, 1999, after more than a decade of battle to return to her homeland, Sylvia Baraldini was transferred from the federal prison at Danbury, Connecticut to the Rebibbia …
Israeli Supreme Court Limits Torture by In a Sept. 1999 ruling, Israel's Supreme Court outlawed the systemic torture of Palestinian detainees by the country's security forces. Israeli authorities had long claimed that "moderate physical pressure" during interrogations was necessary to combat terrorism. Palestinian prisoners, many detained without being charged, were …
Article • February 15, 2000 • from PLN February, 2000
Torture "Aberrational" in U.S. by On October 15, 1999 the Clinton administration submitted a report to the U.N. Committee Against Torture, admitting abuses in the United States but calling them rare. "We fully acknowledge in this report there continue to be areas of concern, contention and criticism," said Assistant Secretary …
Michigan DOC Settles DOJ Sexual Abuse Lawsuit by Maia Justine Storm This past May, the Michigan Department of Corrections (MDOC) agreed to settle a lawsuit filed by the U.S. Department of Justice (DOJ) which alleged a pattern and practice of sexual misconduct and invasions of privacy at the women's prisons …
Prison Health Services Refuses to Pay by The U.S. court of appeals for the Eleventh Circuit held that a forum selection clause in an indemnity agreement between the Sheriff of Polk Co., Florida and Prison Health Services (PHS), which allowed contract disputes to be brought in the state circuit court, …
Lack of Evidence Bars Disciplinary Finding of Guilt by Lack of Evidence Bars Disciplinary Finding of Guilt Regardless of Punishment Imposed The court of appeals for the Ninth circuit held that it violates due process to find a prisoner "guilty" of violating a prison disciplinary rule when absolutely no evidence …
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA)
Judicial Screening Applies Only to IFP Suits by The court of appeals for the Sixth circuit held that 28 U.S.C. § 1915(e)(2), which requires judicial screening of lawsuits and dismissal under certain conditions, applies only to suits filed in forma pauperis (IFP), or without the pre-payment of the filing fees. …
America's Toughest Sheriff Settles for $8.25 Million in Wrongful Death Suit by In 1996 Scott Norberg was arrested for assaulting a Mesa, Arizona police officer and booked into the Maricopa County Jail, which is run by "America's Toughest Sheriff" Joe Arpaio. The next day Norberg, 35, was choked to death …
Article • February 15, 2000 • from PLN February, 2000
Filed under: Medical, Injury -- Misc.
Delay in Treating Injured Shoulder States Claim by A federal district court in Pennsylvania held that prison officials delaying treatment for a prisoner's dislocated shoulder states a claim under the Eighth amendment. On July 30, 1997, Daniel Petrichko, a Pennsylvania state prisoner, dislocated his shoulder when another prisoner pushed him …
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