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AA Probation Requirement Continues to Violate Establishment Clause by In a long running case, the court of appeals for the Second circuit held that requiring an atheist to attend Alcoholics Anonymous (AA) meetings as a probation condition, violates the establishment clause of the First amendment to the U.S. constitution. Robert …
Article • August 15, 1999 • from PLN August, 1999
California Guard Union Doles Out Millions to Politicians by The California Correctional Peace Officers Association (CCPOA) is the union which represents California's 28,000 prison guards. The union is also one of the most powerful political players in state politics. The union supports mandatory sentencing, including "three strikes" laws; increased prison …
Article • August 15, 1999 • from PLN August, 1999
Pro Se IFP Litigant Entitled to Amend Suit in Second Circuit by The court of appeals for the Second circuit held that district courts must grant leave to indigent pro se litigants to amend their complaints before the suit is dismissed. The suit in this case was filed by a …
Article • August 15, 1999 • from PLN August, 1999
Costs Imposed Regardless of Ability to Pay by The court of appeals for the Sixth circuit held that the Prison Litigation Reform Act (PLRA) allows courts to impose costs on losing prisoner litigants regardless of their ability to pay. The court held that the PLRA overruled prior circuit precedent to …
Article • August 15, 1999 • from PLN August, 1999
PLRA Consent Decree Termination Provision Upheld by 2nd and 3rd Circuits by The courts of appeal for the Second and Third circuits have upheld the consent decree termination provisions of the Prison Litigation Reform Act (PLRA) against a wide array of constitutional challenges. In the July, 1998, issue of PLN …
PLRA Attorney Fee Cap Applies in $65,000 Beating Case by Afederal district court in Texas has ruled that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, applies to work performed by attorneys appointed after the enactment of the PLRA to represent pro se …
Article • August 15, 1999 • from PLN August, 1999
Filed under: News, News in Brief
News in Brief by Bolivia: On April 27, 1999, more than 1,500 prisoners in seven prisons went on hunger-strike to protest overcrowding, delays in case processing and the denial of good time credits. At least five prisoners sewed their lips shut, 19 tied themselves to prison bars in a mock …
Article • August 15, 1999 • from PLN August, 1999
From the Editor by Paul Wright Starting with last month's issue of PLN we have expanded the number of books we offer for direct sale. This month we have added some more titles. As funds become available we hope to expand our list of titles further. For years PLN has …
Brief • August 13, 1999
Belden v. WA DOC, WA, Complaint, Failure to Reasonably Accommodate Employee, 1999 •• • • STANDARD TORT CLAIM FORM Pursuant to RCW 4.92, this form is provided for your convenience when filing a tort claim against the State of Washington.. If filing a claim involving an accident with a vehicle …
In Re Northeast Ohio Correctional Center, OH, Class Action Settlement, Excessive Force and Failure to Protect, 1999 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION IN RE NORTHEAST OHIO CORRECTIONAL CENTER : Case No. 4:97 CV 01995 (Polster, J.) : : CLASS ACTION SETTLEMENT AGREEMENT The Plaintiffs (as …
Brief • August 3, 1999
Filed under: Medical, Failure to Treat
Monroy-Vargas v. US, FL, Complaint, Deficient Medical Care, 1999
Brief • July 23, 1999
Filed under: Failure to Treat
Wagner v. WA DOC, WA, Protective Order, Medical Neglect, 1999 • 1 . AP;,.;... ~; t"J ..;.. .~ BEFORE THE PERSONNEL APPEALS BOARD FOR THE STATE OF WASHINGTON 2 .' ... 3 GLORIA WAGNER, NO. RED-99-0057 4 Appellant, 5 PROTECTIVE ORDER v. 6 DEPARTMENT OF CORRECTIONS, 7 Respondent. 8 9 …
Brief • July 23, 1999
Harris v. District of Columbia, DC, Release, Youth Center Attack, 1999 '...........,' RELEASE 23 JUL 1999 KNOW AL MEN BY THESE PRESENTS, That I, Roy P. Harris, SS# _ residing at Central Treatment Facility, in the City of _ Washington DC for consideration of the sum of Ten Thousand Dollars …
Article • July 15, 1999 • from PLN July, 1999
Retaliation Suit States Claim by Afederal district court in Illinois held that a jail prisoner had stated a claim upon which relief could be granted in his lawsuit alleging retaliation. David Lewis was a prisoner in the Cook county (Chicago) jail in Illinois where he worked as a law library …
Article • July 15, 1999 • from PLN July, 1999
376 Days in New York Seg "Atypical and Significant" Hardship by 376 Days in New York Seg "Atypical and Significant" Hardship Afederal district court in New York held that a state prisoner's 376-day confinement in segregation was an atypical and significant hardship pursuant to Sandin v. Conner, 515 U.S. 472 …
Article • July 15, 1999 • from PLN July, 1999
FRAP 24 Good Faith Standard Not High by The court of appeals for the Seventh Circuit held that district courts should not apply inappropriately high standards when making "good faith" determinations on in forma pauperis (IFP) motions under Rule 24 of the Federal Rules of Appellate Procedure (FRAP). The court …
Florida Guards Acquitted in Brutality Case by Alex Friedmann Florida prisoner John Edwards, 28, an HIV+ double-murderer serving a life sentence, was transferred to the Charlotte Corr. Institution (CCI) on Aug. 18, 1997 after biting a Zephyrhills prison guard on the cheek. According to federal prosecutors, once Edwards arrived at …
Article • July 15, 1999 • from PLN July, 1999
Filed under: Reviews, Mental Health
The Mentally Disordered Inmate and the Law, by Fred Cohen (Book Review) by Paul Wright Civic Research Institute, 578 pp. Reviewed by Paul Wright With the steady criminalization of mental illness over the past thirty years, prisons and jails now hold hundreds of thousands of mentally ill prisoners. Conservative estimates …
Behind Bars in Brazil (Review of Human Rights Watch Report) by Julia Lutsky Reviewed by Julia Lutsky Since Brazil is the largest nation in Latin America it comes as no surprise to know that its prisons hold more people than do the prisons of any other Latin American nation. Its …
Article • July 15, 1999 • from PLN July, 1999
Human Feces in California Prison's Water by Willie Wisely Human Feces In California Prison's Water by W. Wisely For years, guards and staff at California's Tehachapi prison have kept a secret. A secret now exposed in a lawsuit pending trial in a Fresno County federal court. A secret discovered by …
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