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Article • March 15, 2000 • from PLN March, 2000
From the Editor by Paul Wright Thanks to the response our fundraiser has achieved, PLN was recently able to hire a second staff person, Linda, to help with our essential office tasks. Right now the main thing she has been doing is helping Fred, our office manager, get caught up …
Article • March 15, 2000 • from PLN March, 2000
Filed under: Civil Procedure, Appeals
Pro Se Tips and Tactics by John Midgley In my last column, I discussed when you can appeal from a trial court ruling against you and how to appeal if you decide to. I left for this second column on appeals the large question: Should I appeal? In other words, …
Hearing Required Prior to Automatic Termination Under PLRA by The Eleventh Circuit has held that a federal district court must hold a hearing on the current conditions at the prison and the scope of the prospective relief to be terminated before terminating prospective relief in a prison conditions lawsuit under …
Guarding Their Silence: Corcoran Guards Acquitted of Rape by Christian Parenti The acquittal in November, 1999, of four California prison Guards charged with arranging for a young prisoner to be raped by Corcoran State Prison's notorious "Booty Bandit" was the result of a massive legal and political show of force …
Megan's Law Fallout by Willie Wisely by W. Wisely The 1996 Megan's Law, an amendment to the 1994 Wetterling Act, requires public notice when convicted sex offenders move into a community. Some 14 states provide that public notice by posting photographs, addresses, and conviction records of sex offenders on Web …
Michigan Legislature Kills Class Action Suit by Female Prisoners by Maia Justine Storm In March, 1996, seven women pris- oners filed suit in the Washtenaw County Circuit Court against the Michigan Department of Corrections, Director Kenneth McGinnis, and ten individual wardens and officers. (96-6986 CZ) The complaint alleged that the …
Article • March 15, 2000 • from PLN March, 2000
No Liberty Interest in Erroneous Parole Release by Paul Wright The Court of Appeals for the Fourth Circuit, sitting en banc, held that a North Carolina prisoner had no liberty interest in remaining free when he was erroneously paroled, lived a law abiding life, and was then reimprisoned two years …
PLRA Attorney Fees Cap Violates Equal Protection Clause by by Matthew T. Clarke A federal district court in Michigan has held that the attorney fees cap in the Prison Litigation Reform Act (PLRA), codified at 42 U.S.C. § 1997e(d), violates the equal protection component of the Due Process Clause of …
Article • March 15, 2000 • from PLN March, 2000
Third Circuit Evenly Split on PLRA Attorney Fee Cap by Circuit has barely upheld the constitutionallity of the Attorney Fee Cap Provision of the Prison Litigation Reform Act (PLRA) 42 U.S.C. § 1997e(d). Michael Collins brought suit alleging the defendants violated his constitutional rights when he was attacked by a …
CCA Facility Cited for Sex Scandal by On Sept. 17, 1999, Colorado Dept. of Corrections officials confirmed that they are investigating allegations of brutality, sexual misconduct and drug trafficking involving guards at the CCA-operated Kit Carson Corr. Facility in Burlington, which houses around 650 state prisoners. The investigation began in …
Brazoria Trial Brings Acquittals, Convictions in Jail Beatings by In October, 1999, a federal jury returned acquittals and a minor conviction against private prison guards charged with beating and abusing Missouri prisoners. As previously reported in PLN, some 100 Missouri prisoners were sent to the Brazoria county jail in Texas …
ADA and RA May Require Sign Language Interpreters by Eighth Circuit held that a deaf-mute prisoner stated a prima facie claim against the Missouri Department of Corrections (MDOC) for violations of the Rehabilitation Act (RA) and Title II of the Americans with Disabilities Act (ADA) for failing to provide him …
Out-of-State Prisoner Housing Contracts Subject to Long-Arm Jurisdiction by A federal court in Missouri has held that Missouri prisoners whose incarceration was contracted to Brazoria County, Texas, could sue Brazoria County in Missouri. This is a lawsuit filed in Missouri federal district court by Missouri state prisoners who were abused …
Article • March 15, 2000 • from PLN March, 2000
CCPOA Runs Corcoran TV 'Ads' by The California Correctional Peace Officers Association (CCPOA), a union representing California prison guards, has launched a year-long campaign of 30-second television ads aimed at improving the public perception of Corcoran prison guards. The five 30-second ads all begin with the line: "Corcoran officers: They …
Article • March 15, 2000 • from PLN March, 2000
Review: With Liberty for Some: 500 Years of Imprisonment in America by Rick Card by Scott Christianson,Northeastern University Press, 1998 Review by Rick Card Prisoners have played an important role in the entire story of America. From the founding of the New World by Christopher Columbus to the economic power …
Article • March 15, 2000 • from PLN March, 2000
The Keeper of the Keys by Rick Card by Lee Dickenson, Lost Coast Press, 1999, 161 pages Review by Rick Card In a sequel to The Sounding Tree, published last year [PLN, May 1999], Lee Dickenson now offers a bundle of unrelated tales about his experience as a Connecticut prison …
Article • March 15, 2000 • from PLN March, 2000
Gender and Justice: Women, Drugs, and Sentencing Policy by A new study reveals a dramatic surge nationwide of women incarcerated for drug offenses - an 888% increase between 1986-96, in comparison to a rise of 129% for all non-drug offenses. The study by The Sentencing Project documents that while the …
Article • March 15, 2000 • from PLN March, 2000
Dean Injunction Clarified in Washington 35% Suit by Wright Acted On PLN has extensively reported the state and federal litigation challenging the constitutionality of RCW 72.09.480. RCW 72.09.480 is the statute which allows the Washington Department of Corrections (DOC) to seize 35% of all funds sent to Washington prisoners. As …
Washington DOC Settles Mail Censorship Suit by In early October, 1999, the Wash- ington Department of Corrections settled a wide ranging lawsuit challenging various aspects of its mail censorship policies. PLN reported the filing of the suit in its November, 1997, issue. The lawsuit had publisher plaintiffs Humanists of Washington, …
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 …
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