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Brief • March 21, 2000
Jackson v. DC, Opinion for Defendants, Religious Practice, 2000 89 F.Supp.2d 48 (2000) Louis JACKSON, Isadore Gartrell, Carl Wolfe & Roddy McDowell, Plaintiffs, v. DISTRICT OF COLUMBIA, Odie Washington, & The Federal Bureau of Prisons, Defendants. No. Civ.A. 99-03276 (HHK). United States District Court, District of Columbia. March 21, 2000. …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
$1.5 Million Settlement in CA Jail Suicide Attempt by On June 6, 1996, a California man was arrested on charges of drunk driving after being involved in a traffic accident. He was unable to make bail and was confined in the Los Angeles county jail to await trial. While in …
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 …
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