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Article • August 15, 1999 • from PLN August, 1999
Kentucky Jail Settles Strip Search Suit for $11.5 Million by On December 23, 1998, the Jefferson county jail in Louisville, Kentucky, settled a class action suit by agreeing to pay $11.5 million to thousands of people who were strip searched after being arrested for minor offenses. The lawsuit and settlement …
CCA Settles Youngstown Suit for $2.48 Million by by Alex Friedmann On March 1, 1999 the Corrections Corp. of America agreed to pay $1.65 million plus $803,000 in attorney fees and expenses to settle a class-action lawsuit filed by Washington, D.C. prisoners at the company's Northeast Ohio Corr. Center in …
Attorney Fees Must Be Expressly Reserved by The court of appeals for the Eighth Circuit held that a failure to expressly raise the issue of attorney fees during settlement negotiations waives any subsequent claim thereto. This case involves several prisoners, who sued the director of the Nebraska DOC, under 42 …
First Amendment Guarantees Kosher Meals by The court of appeals for the Third 1 Circuit held that under the First Amendment, prison officials must provide Jewish prisoners with a diet sufficient to sustain them in good health without violating kosher laws. However, the food need not be hot, nor even …
Article • August 15, 1999 • from PLN August, 1999
PLN Sues Utah Jail over "Bulk Mail" Ban by PLN Sues Utah Jail over "Bulk Mail" Ban 0n March 30, 1999, PLN sued the San Juan county jail in Utah over its ban on third class mail (AKA "bulk mail"). The jail has a policy under which it refuses to …
Frivolous Qualified Immunity Appeals Warrant Sanctions by The court of appeals for the Sixth Circuit that it lacked jurisdiction over an interlocutory appeal from an order denying qualified immunity because the prison medical personnel defendants would not concede to view the facts in a light most favorable to the prisoner. …
Individual Capacity Claims Not Applicable to RA and ADA by Afederal district court in Colorado held that individual defendants in their individual capacities are not liable under the Rehabilitation Act (RA) or the Americans with Disabilities Act (ADA). Additionally, these defendants were held to be entitled to qualified immunity from …
Franklin Reversed; DC Prisoners Have No Right to Qualified Interpreters by The court of appeals for the D. C. Circuit held that Spanish-speaking prisoners have no right to qualified interpreters at parole hearings, disciplinary hearings, or for medical and mental health treatment. Spanish-speaking prisoners in the District of Columbia (District) …
No Qualified Immunity for Texas Sheriff and CCRI Guards Who Abused Missouri Prisoners by by Matthew Clarke Afederal district court in Texas has ruled that prisoners who were kicked, bitten by dogs, shocked, and subjected to a public strip and body cavity search by untrained, improperly supervised private guards during …
Article • August 15, 1999 • from PLN August, 1999
No Liberty Interest in Illinois Parole Laws by The court of appeals for the Seventh circuit held that Illinois prisoners have no liberty interest in parole. In doing so, the court overruled a prior ruling that had held otherwise. Two Illinois state prisoners filed a habeas corpus petition in federal …
Article • August 15, 1999 • from PLN August, 1999
Denial of Pain Medication Violates Eighth Amendment by The court of appeals for the Seventh circuit held that a guard's denial of prescribed pain medication to a prisoner undergoing cancer treatment violates the Eighth Amendment's ban on cruel and unusual punishment. James Ralston, a Wisconsin state prisoner, was given radiation …
Article • August 15, 1999 • from PLN August, 1999
Washington 35% Law Struck Down by State Court by 0n May 17, 1999, King County (Seattle) superior court judge Glenna Hall held that RCW 72.09.480 was unconstitutional. In 1995 the Washington legislature enacted RCW 72.09.480 which mandates the seizure by the Department of Corrections (DOC) of 35% of all funds …
Article • August 15, 1999 • from PLN August, 1999
Washington Legislature Amends 35% Law, Again by Paul Wright RCW 72.09:480 was enacted in 1995 as part of House Bill (FIB) 2410, a massive prisoner bashing bill that unanimously passed the legislature that year. RCW 72.09.480 was slipped into HB 2010 with no public hearings, debate or notice. The law …
Article • August 15, 1999 • from PLN August, 1999
Washington DOC Illegally Penalizes Indigents by On December 24, 1998, Thurston county superior court judge Daniel Bershauer held that Washington prison officials had unlawfully converted an indigent prisoner's funds. Roger Smith, a prisoner at the Airway Heights Correctional Center (AHCC), was indigent when he was sent $10. AHCC officials then …
Article • August 15, 1999 • from PLN August, 1999
Filed under: Telephones, Telephone Rates
Class Action Suits Challenge Rip-Off Prison and Jail Phone Rates by Suit Filed in Illinois On May 5, 1999, a class action suit was filed by Illinois consumers who receive collect calls from Illinois state and county jail prisoners alleging that they are forced to pay exorbitant phone rates as …
Article • August 15, 1999 • from PLN August, 1999
Filed under: Telephones, Telephone Rates
FCC Requires Rate Disclosure for Prison Phones by The Federal Communications Commission, (FCC) has issued regulations mandating the disclosure rates consumers will actually pay for phone calls received from prisoners. Effective October 1, 1999, 47 C.F.R. § 67.710 "Operator Services for Prison Inmate Phones", states in its entirety: "(a) Each …
Article • August 15, 1999 • from PLN August, 1999
Filed under: Telephones, Telephone Rates
Kentucky Utilities Commission Reduces Prison and Jail Phone Rates by On January 10, 1999, the Kentucky Public Service Commission (PSC) issued an order, requiring: prison and Jail phone service providers to reduce the rates they charge for prison and Jail collect calls to the tariff charged for non prison and …
Private Prison Operators Enter Medical Care Market by Alex Friedmann As criminals receive longer sentences and serve a greater portion of them under threestrikes, truth-in-sentencing and mandatory minimum laws, the number of elderly prisoners with health problems has increased accordingly. Some consider this trend to be the result of a …
Warden Used "Force" in Sexual Assault by Warden Used "Force" in Sexual Assault Walter Lucas was Acting Warden of the River County Jail in River City, Mississippi, when he asked a male prisoner to act as lookout so that he could take care of some "business" with a female prisoner …
Article • August 15, 1999 • from PLN August, 1999
Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure by The court of appeals for the Third Circuit held that a prisoner does not have a cause of action, under 42 U. S. C. section 1983, for damages for emotional distress caused by exposure to asbestos, without proof of physical injury. …
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