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New Mexico Riot Rooted in Religious Rights by On April 6, 1999, up to 400 prisoners at the Wackenhut-oper- ated Lea County Correctional Facility in Hobbs, New Mexico, rioted and ransacked the prison's kitchen and dining areas. Thirteen guards, including two state employees, and one prisoner were injured in the …
Prison Realty Board Member Settles Ethics Complaints by Prof. Charles W. Thomas, director of the Private Corrections Project at the University of Florida and a board member of Prison Realty Corp., has long been criticized for his close connections with the private prison companies he researches [see: "University professor shills …
Stun Belts in Court Unconstitutional by A federal district court in California held that the use of stun belts, as a control device on criminal defendants in courtroom proceedings, raises serious questions as to the practices' constitutionality. As a result, the court issued a preliminary injunction (PI) enjoining the Los …
Article • September 15, 1999 • from PLN September, 1999
Lack of Standing Eviscerates Court Access Class Action by The U.S. court of appeals of the Seventh Circuit held that the two nominal prisoner/plaintiffs in a long-running class action lacked standing to assert a denial of their right of access-to-the-courts. Without standing, the district court was without jurisdiction, and the …
Article • September 15, 1999 • from PLN September, 1999
Federal Parolee Has Right to Hearing Under 18 USC § 4211(a)(2) by Federal Parolee Has Right to Hearing Under 18 USC § 4211(a)(2) The Seventh Circuit court of appeals has held that a pre-Guidelines federal parolee has the right to a hearing under 18 U.S.C. § 4211(a)(2), five years after …
Article • September 15, 1999 • from PLN September, 1999
PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo by The Tenth Circuit court of appeals has held that prisoner suits dismissed for failure to plead a physical injury, as required by the Prison Litigation Reform Act (PLRA), must be reviewed de novo. Darren Eugene Perkins, an HIV-positive …
Denial of Exercise Is "Atypical and Significant" by Denial of Exercise Is "Atypical and Significant" The U.S. court of appeals for the Eleventh Circuit held that Florida state prisoners, who are being held in Close Management (CM) status, have a state-created liberty interest in outdoor exercise, which is protected by …
Tennessee Supreme Court Upholds Private Prison Disciplinary Procedures by When the Tennessee legislature passed the Private Prison Contracting Act of 1986, codified at TCA § 41-24- 101 to 115, the following provision was included: "No contract for correctional services shall authorize, allow or imply a delegation of the authority or …
Article • September 15, 1999 • from PLN September, 1999
Rikers Island Detainee Shot by In March, 1999, Rikers Island, New York City, jail prisoner Petros Bedi, 27, was shot in the chest with a .25 caliber pistol by another prisoner. Bedi was awaiting trial on murder charges. Jail guard Edward Quinn was suspended after the shooting for allowing Norman …
Pro Se Pennsylvania Prisoner Awarded $100,000 in Guard Attack by On February 25, 1999, a federal jury in Harrisburg, Pennsylvania awarded state prisoner Gerald Henderson $100,000 in compensatory and punitive damages stemming from an attack by prison guards. On March 29, 1995, while imprisoned at SCI-Rockview, Henderson was using the …
Article • September 15, 1999 • from PLN September, 1999
West Virginia DOC Commissioner Resigns After Beating Wife by On March 10, 1999, West Virginia Department of Corrections commissioner Bill Davis resigned his position "effective immediately." Davis cited "personal reasons" for resigning. The "personal reasons" in question is Davis's arrest on spousal abuse charges. On March 5, 1999, Davis's estranged …
Article • September 15, 1999 • from PLN September, 1999
Washington 35% Spousal Suit Update by In last month's issue of PLN we reported the trial court ruling striking down RCW 72.09.480. This Washington statute allows the Department of Corrections to seize 35% of all funds sent to prisoners. Dean v. Lehman is the state court lawsuit filed by the …
Texas Jail Whistleblower Awarded $3.3 Million by On January 26, 1999, the Lubbock county commissioners court approved a $3.3 million settlement with fired jailer Karen Strube. Strube was a jail guard in the Lubbock County jail in Texas. She complained to the Texas Department of Health (DOH) that she had …
Article • September 15, 1999 • from PLN September, 1999
Arizona DOC Settles Kosher Diet Suit by On January 29, 1999, the Arizona Department of Corrections settled a lawsuit involving a Jewish prisoner's right to a kosher diet. Kenneth Ashelman, an orthodox Jewish prisoner, filed suit when the DOC refused to provide him with a kosher diet. The suit was …
Article • September 15, 1999 • from PLN September, 1999
US Supreme Court Holds Media Ride-Alongs Unconstitutional by A unanimous United States Supreme Court held that police violate the Fourth amendment of the U.S. constitution when they allow members of the news media to ride along with them while executing search and arrest warrants. The court also held police were …
Article • September 15, 1999 • from PLN September, 1999
Transsexual Awarded $755,000 in Jail Strip Search by In May, 1999, a federal jury in San Francisco, California, awarded Victoria Schneider $755,000 in damages for a strip search she was subjected to in the San Francisco county jail in 1996. Schneider, a post operative male to female transsexual, was arrested …
PLRA Physical Injury Requirement Constitutional by James Quigley The U.S. Court of Appeals for the D.C. Circuit held that the "Limitation on Recovery" provision (physical injury rule) of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e), does not violate a prisoner's rights to equal protection or access to …
Article • September 15, 1999 • from PLN September, 1999
No Written Screening or Administrative Exhaustion Required by A federal district court in Alaska chided the Alaska attorney general's office when the latter complained the court was not providing a written summary of its screening of prisoner lawsuits under 28 U.S.C. § 1915A. The court held it was under no …
Article • September 15, 1999 • from PLN September, 1999
Physical Injury Requirement Doesn't Apply to Court Access Claims by A federal district court in Illinois held that 42 U.S.C. § 1997e(e), which conditions prisoners' right to file suit in federal court on the suffering of physical injury, does not apply to court access claims. The court held that it …
Fact Issue of Physical Injury Precludes Summary Judgment by Ronald Young The court of appeals for the Fifth circuit held that the material fact issue as to whether prisoner suffered more than de minimis physical injury from alleged excessive force precluded summary judgement in favor of prison officials. Juan Gomez, …
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