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Trial Required in ADA Suit over HIV Medication by In the July, 1999, issue of PLN we reported McNally v. Prison Health Services, 28 F. Supp.2d 671 (D ME 1999) in which the court denied the defendants' motion to dismiss. The case involves David McNally, an HIV positive arrestee who, …
Fifth Circuit Says Rotting to Death in Prison Okay by Ronald Young How often have you heard it said of prisoners, "Let them rot in prison?" Probably more times than you care to remember. In the case of Mississippi prisoner Eugene Stewart, such a hellish and cruel death as literally …
Article • December 15, 1999 • from PLN December, 1999
Many Florida Prison Guards Are Law Breakers by After a review of state records, two Florida newspapers have revealed that state and county prison guards are twice as likely to be disciplined for violations of standards than police officers and that nearly ten percent of Florida state prison guards have …
Sandin Does Not Apply to Pretrial Detainees by The Seventh Circuit court of appeals has held that a pretrial detainee may not be punished for his crime prior to conviction and that Sandin v. Conner, 515 U.S. 472 (1995), does not apply to suits by pretrial detainees. Ricky Joe Rapier …
Administrative Remedies Exhausted When Response Time Elapses by The court of appeals for the Fifth circuit held that prison administrative remedies are deemed exhausted when the time period for the prison's response elapses, regardless of whether or not the prison has responded. 42 U.S.C. § 1997e requires that prisoners exhaust …
Article • December 15, 1999 • from PLN December, 1999
Sleep Deprivation Not Frivolous Claim by Ronald Young by Ronald Young The court of appeals for the Fifth circuit held that a prisoner's claim based on custodial classification was frivolous, and the prisoner's Eighth Amendment claim was frivolous insofar as it sought damages for emotional suffering. The court also held …
Article • December 15, 1999 • from PLN December, 1999
Washington Court of Appeals Holds Restitution Orders Invalid by The Washington state Court of Appeals held that restitution orders entered under the pre-1995 version of RCW 9.94A.142 are invalid if entered more than 60 days after sentencing and entered: (1) as an ex parte order, if the defendant objected, regardless …
Dismissal of Haircut Suits Reversed by In two brief, separate rulings, the court of appeals for the Eighth circuit reversed and remanded the dismissal of lawsuits challenging prison haircut rules by Rastafarian prisoners. In one case, the court held the district court had improperly concluded the plaintiff had not exhausted …
Illinois Prison Home to Illegal Tire Dump by What do you do with 17,000 tons of scrap truck tire casings? The administration of Illinois's Logan Correctional Center has to figure that one out, says the Illinois Environmental Protection Agency and the Lincoln Fire Department. The veritable mountain of tire casings, …
Retaliation Verdict Remanded for Damages by The court of appeals for the Eighth circuit held that a district court abused its discretion when it only awarded nominal damages to a prisoner who won a grievance retaliation claim against a jail guard. The court also notes cases on damage awards for …
Prisoner Withstands Summary Judgment on Cell Condition Claim by A federal district court in Virginia held that a genuine issue of material fact as to whether a prisoner's cell was adequately heated, had bedding and was maintained in a sanitary condition, precluded summary judgment. Virginia Department of Corrections prisoner Robb …
Article • December 15, 1999 • from PLN December, 1999
Washington Good Time Ban Unconstitutional by In a ruling with far reaching implications, a Washington state court of appeals held that a "three strikes" ballot initiative that eliminated good time and early release credits for first time offenders convicted of first degree murder, first degree rape and assault and assault …
Article • December 15, 1999 • from PLN December, 1999
Satellite Tracks Parolees by Willie Wisely by W. Wisely Defense Department satellites designed to help guide nuclear missiles hang in geosynchronous orbit 12,500 miles above. The network of 24 military satellites hasn't been used much raining thermonuclear destruction on godless communists since the end of the Cold War. So, the …
Article • December 15, 1999 • from PLN December, 1999
Filed under: News, News in Brief
News in Brief by AR: On August 11, 1999, a Lafayette Co. jail guard received a 5 year suspended sentence for having forcible sex with the wife of a prisoner as "payment" for letting her have a private visit with her husband. Michael A. Null, 38, pleaded guilty to felony …
Article • December 15, 1999 • from PLN December, 1999
From the Editor by Paul Wright by Paul Wright The August issue of PLN had the last column Laura Whitehorn wrote for us before getting out of prison on August 5, 1999. Laura believed it was important that her column be written by current prisoners, as opposed to a former …
Brief • December 9, 1999
Blackburn v. Moss, WA, Settlement and Release Agreement, Disability Access, 1999 IEPT OF GENERAL ADMINISTRATION EE BART T BLACKBURN DOC #961795 ) DAY INVOICE YR NUHBER 2 08 99 DOL-9/15/98 31050592 150-0 REfERENCE 275542C AMOUNT INVOICE DISCOUNT 06C2019 01 () D 1'\ NET DUE 2 500.00 e 2 500.00 3E …
Brief • December 2, 1999
Filed under: Civil Commitment
Turay v. Seling, WA, Stipulations, Civil Commitment, 1999 Turay v. Seling ™ H • • • • HH • • • • PC-WA-004-003 Honorable William L. Dwyer 1 2 ENTERED 3 4 °tC 1 1999 J K 5 WASHINGTON DEPUTY 6 7 8 UNITED STATES DISTRICT COURT FOR THE WESTERN …
Brief • November 28, 1999
Hardt v. WA DOC, WA, Complaint, Miscalculation of Earned Time, 1999 STANUAlUJ TUKT LLA.lNll'UW"~ Pursuant to RCW 4.91, tlIiS AUtin is provided Cor your conveni~ce whc:n filing a tort claim against the Slate of Washington. If filing a claim involving an accident with a vehicle operated by a state employee. …
Brief • November 17, 1999
Taylor v. District of Columbia, DC, Release, Vehicle Collision, 1999 ...• RELEASE KNOW ALL MEN BY THESE PRESENTS, That I, Sharell Taylor, residing at 8205 Consett,Court, Severn, Maryland, with Social Security Number for consideration ofthe sum of Seven Thousand and No DaHars ($7,000), lawful money of the United States, the …
PLRA Attorney Fee Cap Not Retroactive in Attorney Client Case by A federal district court in Colorado has held that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d) does not apply to attorney fees accrued prior to the enactment of the PLRA, but …
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