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Article • October 15, 1999 • from PLN October, 1999
Perp Walks Unconstitutional According to New York Federal Court by A federal district court in New York has ruled that "perp walks" staged by the police at the behest of the media are unconstitutional. John Lauro, Jr. was the doorman at a building In Manhattan. Matthew Eberhart was a building …
Insanity, Brutality and Fatality: Florida's X-Wing Marks the End of the Line by Dan Pens Upon the ranks of such as we, They enforce their mastery. And yet we bleed the same as they, The tie that binds us day to day. The public interest uppermost, So some say while …
Death Row Eulogy by Van Poyck, William By William Van Poyck On July 17, 1999, my friend and co-defendant, Frank Valdes, was stomped and beaten to death in his X-Wing cell by a large group of Florida State Prison (FSP) guards. As FSP prisoners know only too well, this beating …
Article • October 15, 1999 • from PLN October, 1999
Worst of the Worst? by Prison officials have attempted to justify the cruel and inhumane conditions of confinement in control units by claiming that only the "worst of the worst" are confined in them. PLN editor Paul Wright has made the rounds of Washington state's control units. At the Intensive …
Article • October 15, 1999 • from PLN October, 1999
Florida Jail Workers Busted in Bribery Investigation by On Dec. 4, 1998, fourteen Miami-Dade County jail employees were indicted on state bribery charges and federal marijuana and cocaine trafficking conspiracy charges. Five other jail workers were suspended pending the outcome of internal investigations. The indictments followed a year-long probe by …
Article • October 15, 1999 • from PLN October, 1999
Pro Se Tips and Tactics (Discovery) by John Midgley In my last column, I discussed discovery generally and introduced the tools of discovery. In this column I provide more detail on some specific discovery topics: how "mandatory disclosure" rules in effect in many federal district courts can be used to …
$90,000 Settlement in Utah Jail Suicide by On May 28, 1999, Salt Lake county, Utah, paid $90,000 to the family of a detainee who committed suicide in the county jail. Henry Delgado was arrested on Jul 16, 1997, on charges of assaulting a police officer, resisting arrest and carrying a …
Utah Jail Settles ADA Suit by On May 6, 1999, Salt Lake County, Utah, settled a lawsuit by paying $2,000 in damages, $4,000 in attorney fees and agreeing to modify its jail for the handicapped. Robert Earls, a former jail detainee, is missing a leg and must use a prosthesis. …
Private Transportation Company Liable Under 42 USC § 1983 by Private Transportation Company Liable Under 42 USC § 1983 A federal district court in Colorado held that alleged sexual assaults committed by an employee of a private transportation company, under contract with the state Department of Corrections, were committed under …
Article • October 15, 1999 • from PLN October, 1999
Michigan's Female Prisoners Have Educational Parity by A federal district court in Michigan held that the educational, vocational, and apprenticeship opportunities provided to male and female prisoners in the Michigan Department of Corrections (MDOC) are now sufficiently comparable for equal protection purposes to require termination of the court's 20 year …
Article • October 15, 1999 • from PLN October, 1999
Go Directly to Jail: At the Academy in Alpharetta, Men Pay Big Bucks to Pretend They're in Prison by Dan Savage By Dan Savage Alpharetta, Georgia- I'm naked, and I'm not happy. In just under an hour, I've been subjected to two of three punishments I'd specifically asked to be …
Concealment of Info Tolls Statute of Limitations by A federal district court in New York held that a prisoner could amend his complaint to add new defendants, and that the amendment relates back to the original complaint, overcoming an otherwise time-barred amendment. The court further held that official concealment of …
Texas Settles with Hanged Prisoner's Family by The state of Texas agreed in June 1999 to pay $215,000 to settle a lawsuit filed by the family of Rodney Hulin, a 17-year-old Texas state prisoner who was found hanging in his cell in 1996. About 30 days after arriving at the …
Prison Officials Waive Untimely Asserted Heck Defense by The Seventh Circuit court of appeals has held that prison officials' untimely assertion of the Heck defense waived the defense. Richard Carr, a middle-aged minimum- security Illinois prisoner was 96 days from release in 1989 when young gang members on his unit …
Article • October 15, 1999 • from PLN October, 1999
Georgia Parole Regulation Still Ex Post Facto by The U.S. court of appeals for the Eleventh Circuit held that the retroactive application of an amendment to the Georgia parole regulations, changing the frequency of required parole reconsideration hearings, continues to violate the Ex Post Facto Clause of the federal constitution. …
Article • October 15, 1999 • from PLN October, 1999
Racial Segregation in Double Celling Unconstitutional by A federal district court in Pennsylvania held that the creation of racial segregation for double-cell assignment may be unconstitutional even if the classification policy specifically forbids such segregation in cell assignments. Seifuddin M. A. Simpson, a Pennsylvania state prisoner, brought suit under 42 …
Georgia Court Access Consent Decree Terminated by After being in effect less than a decade, a consent decree stemming from a class action lawsuit and providing for a mixed system of court access for Georgia state prisoners was dissolved on November 11, 1998, as U.S. District judge Anthony Alaimo vacated …
Arizona DOC Settles Sexual Abuse Suit by On March 11, 1999 the Arizona Dept. of Corrections (ADOC) agreed to settle a lawsuit filed by the U.S. Dept. of Justice (DOJ) which alleged that state prison officials failed to protect female prisoners from systemic sexual abuse, misconduct and harassment by guards. …
FBI Investigates CCA-Run INS Center in New Jersey by A Corrections Corporation of America operated immigrant detention center in Elizabeth, New Jersey is under investigation due to alleged misconduct by company employees. Federal officials confirmed on April 13, 1999 that the U.S. Dept. of Justice had requested the probe, which …
Pro Se Texas Prisoner Awarded $1.08 Million in Failure to Protect Suit by In May, 1999, a federal jury in San Antonio, Texas, awarded Texas prisoner William Wallace Campbell $80,000 in compensatory damages and $1 million in punitive damages in a failure to protect lawsuit. Campbell represented himself pro se …
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