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Private Prison Denied Wiretap Exception by A federal district court in Rhode Island held that a private jail is neither a "law enforcement" agency, nor a federal Bureau of Prisons (BOP) facility, that would shield it from liability under federal wiretapping statutes, 18 U.S.C. §§ 2510-2520 (the Act). The court …
Article • September 15, 1999 • from PLN September, 1999
Wright Dismissed on Remand by In the July, 1998, issue of PLN we reported Wright v. Coughlin, 132 F.3d 133 (2nd Cir. 1998). The case involves a New York state prisoner who spent 288 days in segregation after being infracted for participating in a prison rebellion. A state court reversed …
Article • September 15, 1999 • from PLN September, 1999
No Court Access Right to Litigate Civil Forfeiture by The U.S. court of appeals for the Eleventh Circuit held that prisoners do not have an access-to-court right to defend against civil forfeiture. The court also accorded qualified immunity, sua sponte, to all defendants on the prisoner's conditions of confinement claims. …
Prisoners Have First Amendment Right to Private Conversations with Their Attorneys by Prisoners Have First Amendment Right to Private Conversations With Their Attorneys A federal district court in Pennsylvania held that prisoners have privacy and free speech rights to private conversations with their attorneys. Pennsylvania state prisoners incarcerated on death …
Article • September 15, 1999 • from PLN September, 1999
Liberty Interest in Erroneous Parole Release by Ronald Young The court of-appeals for the Fourth circuit held that a parolee's interest in his continued liberty crystallized during his two years of successful parole, even though he had been released in error, requiring strict scrutiny of the State's intentional infringement of …
Article • September 15, 1999 • from PLN September, 1999
Prisoner Suing Prison Physician for Deliberate Indifference by A federal district court in New York denied summuary judgment to a prison physician being sued for medical neglect. The court held that a genuine issue of material fact was in dispute in that the physician may have acted with deliberate indifference …
Article • September 15, 1999 • from PLN September, 1999
Prisoner Can Attend His Civil Trial at Government Expense by A federal district court in Maryland held that it would permit a federal prisoner, confined in Pennsylvania, to personally attend his three-day civil rights trial in Greenbelt, Maryland, at government expense. In separate incidents in 1993 and 1994, Anthony Hawks …
Article • September 15, 1999 • from PLN September, 1999
DC Circuit Lifts Injunction on BOP Porn Ban by In the March 1997 issue of PLN we reported that Congress passed the "Ensign Amendment," prohibiting the use of Bureau of Prisons (BOP) funds to distribute sexually explicit material to prisoners. The BOP adopted regulations defining the terms of the ban …
Article • September 15, 1999 • from PLN September, 1999
Tobacco Smoke Exposure Requires Trial by A federal district court in New York held that a prisoner's exposure to environmental tobacco smoke (ETS) may present a sufficient risk to his future health to implicate Eighth Amendment concerns, and factual disputes regarding the risk precludes summary judgment. The court further recognized …
Article • September 15, 1999 • from PLN September, 1999
Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively by Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively The court of appeals for the Third circuit held that 28 U.S.C. § 1915(g) does not allow courts to revoke the In Forma Pauperis status of litigants …
Article • September 15, 1999 • from PLN September, 1999
Filed under: PLRA, Filing Fees (PLRA)
De Novo Review for § 1915A Dismissals by The court of appeals for the Fifth circuit held that dismissals by district courts under 28 U.S.C. § 1915A should be reviewed de novo on appeal. Section 1915A requires district courts to screen prisoner lawsuits and dismiss those which are frivolous, malicious …
Article • September 15, 1999 • from PLN September, 1999
Three Strikes Upheld by Ninth Circuit by The court of appeals for the Ninth circuit upheld the constitutionality of 28 U.S.C. § 1915(g). Section 1915(g) generally denies in forma pauperis status to prisoner litigants that have had more than three lawsuits dismissed as frivolous, malicious or for failing to state …
Article • September 15, 1999 • from PLN September, 1999
Administrative Exhaustion Required in all Cases by A federal district court in New York held that a prisoner claiming guards beat him was required to exhaust his administrative remedies pursuant to 42 U.S.C. § 1997e. This case is especially useful because it summarizes all the conflicting rulings on this issue. …
Article • September 15, 1999 • from PLN September, 1999
State Court Dismissals Don't Count as Strikes by A federal district court in the District of Columbia held that the dismissal of frivolous suits in state courts do not count as "strikes" under 28 U.S.C. § 1915(g). Section 1915(g) prohibits in forma pauperis status for prisoner litigants that have had …
Article • September 15, 1999 • from PLN September, 1999
Automatic Stay Provision Unconstitutional by A federal district court in New Mexico held that 18 U.S.C. § 3626(e), a PLRA provision that automatically stays prospective relief 30 days after a party files a motion for immediate termination of such relief, violates the separation of powers doctrine. The case involves a …
Article • September 15, 1999 • from PLN September, 1999
Total Administrative Exhaustion Not Required by A federal district court in Michigan held that 42 U.S.C. § 1997e(a) does not require administrative exhaustion of all claims raised in a complaint. Instead, a court can dismiss the unexhausted claims without prejudice rather than dismiss the entire complaint. The court held that …
Article • September 15, 1999 • from PLN September, 1999
No Exhaustion Required in Wisconsin When Only Money Damages Are Sought by A federal district court in Wisconsin held that Wisconsin prisoners filing suit and seeking only money damages, are not required to exhaust their administrative remedies under 42 U.S.C. § 1997e(a) because the Wisconsin prison grievance system does not …
Article • September 15, 1999 • from PLN September, 1999
Filed under: News, News in Brief
News in Brief by AZ: On January 30, 1999, prisoners Jeffrey Camper and John Lofton escaped from the state prison in Douglas by cutting through two perimeter fences with wirecutters from the prison's yard. Both men were serving life sentences for murder. They were recaptured five hours later by police …
Article • September 15, 1999 • from PLN September, 1999
From the Editor by Dan Pens Greetings and welcome to another issue of PLN. Labor Day is upon us a holiday that used to commemorate workers' struggle. But what does it mean now? Summer's last hurrah? One final barbecue or hiking trip and back home just in time for the …
Brief • September 8, 1999
Ryan v. Lehmann, WA, Judgment, Gender Discrimination, 1999 lR1~~~O~~[Q) 1 2 SEP ., oJ OFFICE OF THE ATTORNEY GENERAL LABOR &PERSONNEL DIVISION 4 "99 SEP -3 AlO:26 8 1999 BETI Y ; :'.oJ ('j!,. -.' ~ 'BY h' lO 0_. • _ . : J,..". _ OEPl'T~: 5 IN THE …
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