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Parole Officials Liable for False Information in Parole Violation Arrest Warrant by A federal district court in New Jersey has held that parole officials are liable for causing the arrest of a parolee based upon false information. Robert Friedland, a New Jersey state prisoner, was paroled in August, 1995. Subsequently …
Article • June 15, 1999 • from PLN June, 1999
Pardon Satisfies Heck by The court of appeals for the Eighth circuit held that a governor's pardon invalidates a criminal conviction in order to permit a 42 U.S.C. 1983 claim for damages to proceed. Johnny Wilson, a mentally retarded Missourian, pleaded guilty to a murder he did not commit in …
Fifth Circuit Upholds PLRA Exhaustion Requirement by Ronald Young The court of appeals for the Fifth circuit affirmed a lower court's dismissal of a prisoner's 42 U.S.C.A. § 1983 claims for failure to exhaust administrative remedies prior to filing suit as required by 42 U.S.C. § 1997e. However, the claims …
Article • June 15, 1999 • from PLN June, 1999
Federal Prisoners Must Exhaust Administrative Remedies Before Suing by The court of appeals for the Eleventh Circuit has held that federal prisoners must exhaust administrative remedies before filing a Bivens suit against prison officials. Michael Alexander, a federal prisoner, filed a Bivens suit challenging the constitutionality of prison regulations prohibiting …
Article • June 15, 1999 • from PLN June, 1999
Imminent Danger Overrides Three Strikes by The court of appeals for the Third Circuit held that conditions allegedly resulting from a vent emitting particles of dust and lint into a cell constitute a serious physical injury for purposes of circumventing the "three strikes" provision of the Prison Litigation Reform Act …
Exhaustion Not Required for Bivens Claim by Exhaustion Not Required for Bivens Claims The court of appeals for the Fifth Circuit held that federal prisoners pressing Bivens claims against federal officials for only monetary relief need not exhaust meaningless administrative remedies. The court further held that a party is entitled …
Article • June 15, 1999 • from PLN June, 1999
Pennsylvania Brutality Suit Settled for $5,000 by In June, 1998, the Lancaster County prison in Lancaster, Pennsylvania, settled a brutality suit with former prisoner Ruben DeJesus by paying him $5,000 in damages and waiving 4,180 in prison rent and $1,128.23 in medical costs. DeJesus filed suit after being beaten by …
Article • June 15, 1999 • from PLN June, 1999
Warden's Smoking Ban Violates BOP Rules by The court of appeals for the Ninth circuit held that a warden's ban on smoking in a prison camp violated federal Bureau of Prison (BOP) rules requiring that warden's designate outdoor smoking areas. The warden of the BOP camp in Sheridan, Oregon banned …
Interstate Compact Violations Not Cognizable Under § 1983 by Interstate Compact Violations Not Cognizable Under § 1983 The court of appeals for the Ninth circuit held that violations of the Interstate Corrections Compact (ICC) cannot be challenged via 42 U.S.C. § 1983 in federal court. Emory Ghana, a New Jersey …
Article • June 15, 1999 • from PLN June, 1999
Weapon Possession in Federal Prison Always Considered a "Violent Offense" by The court of appeals for the Seventh circuit held that possession of any weapons in prison constitute a "violent offense" for federal sentencing guidelines purposes. Grant Vahovick, a federal prisoner, stabbed prisoner Jeremy Darin in the head and neck …
Article • June 15, 1999 • from PLN June, 1999
Felon Possession of Firearm Nonviolent Offense by The court of appeals for the Sixth Circuit held that possesion of a firearm by a previously convicted felon is a "nonviolent offense," and federal prisoners who are otherwise eligible for one-year sentence reductions under the "Comprehensive Drug Abuse Treatment Program" (Program) are …
Prisoner May Not File Unsigned Complaint for Another Prisoner by The Fifth Circuit court of appeals has held that the a pro se prisoner's civil rights complaint was time barred even though a prisoner assisting the pro se prisoner filed a timely unsigned complaint. Raul Gonzales, a Texas state prisoner, …
Article • June 15, 1999 • from PLN June, 1999
Error to Dismiss Rule 41(C) Motion Without Allowing Conversion to Bivens Action by Error to Dismiss Rule 41(c) Motion Without Allowing Conversion to Bivens Action The Fifth Circuit court of appeals has held that a district court erred when it dismissed a prisoner's motion under Rule 41(c), Federal Rules of …
Article • June 15, 1999 • from PLN June, 1999
They Killed a Man, Not a Number by David Hill [Editor's Note: South Carolina killed Andy Smith on December 18, 1998. He was the 500th person executed in the U.S. since the death penalty was reinstated in 1976. Like a thousand other editors, I wanted to cover it. I asked …
Violence Takes a Toll at New Mexico Wackenhut Prison by Ronald Young The 1200-bed Lea County Correctional Facility (LCCF), a New Mexico state prison operated by Florida-based Wackenhut Corrections Corp., has been plagued by nine prisoner stabbings during its first six months of operation, including two that resulted in the …
Article • June 15, 1999 • from PLN June, 1999
Filed under: News, News in Brief
News in Brief by News In Brief Antigua: A fire started by prisoners at the centuries-old Her Majesty's Prison in St. John, capital of the former British colony, sent 17 people to a hospital with minor injuries on Jan. 28, 1999. AZ : On Feb. 18, 1999 charges against three …
Article • June 15, 1999 • from PLN June, 1999
From the Editor by Paul Wright Since the November, 1996, issue of PLN we have had a Prison Litigation Reform Act News section. Starting with next month's issue we will no longer run a separate PLRA News section in PLN . When the PLRA was enacted in April, 1996, it …
The Lucasville Trials by Staughton Lynd [Editors' note: The identity of persons who provided information to the author confidentially has been withheld. ] On April 21, 1993, 407 prisoners who for eleven days had occupied the L cell block at the Southern Ohio Correctional Facility (SOCF) in Lucasville, Ohio, surrendered …
Brief • June 15, 1999
Day v. District of Columbia, DC, Complaint, Guard Beating, 1999 \ . SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Civil Division LEONARD DAY DCDC No. 201-154 Maximum Security Facility ~O P.O. Box 52 T;. 'f, ~....#~ • Lorton, VA 22119 "-l: i- ~ ') a~ Cit'J\\.. !tI;::;y,.··~, - Plaintiff. , …
Brief • June 14, 1999
Filed under: Injury -- Misc.
Debruyne v. WA DOC, WA, Judgment, Head and Back Injuries, 1999 -'. 1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF THURSTON 2 3 4 MlCHAEL DEBRUYNE and KATHERINE E. DEBRUYNE, husband and wife and the marital community comprised thereof, .. NO. 96-2-04484-6 …
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