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Denial of HIV Medication Subjects Medical Contractor to Liability by Afederal district court in Maine held that a former pretrial detainee had stated a claim when a jail's medical contractor denied him his HIV medication for three days. David McNally was arrested and booked into the Cumberland County jail in …
Article • July 15, 1999 • from PLN July, 1999
Filed under: Sentencing, Habeas Corpus
BOP Erred in Running State Sentence Consecutive to Federal Sentence by Afederal district court in Oregon granted a federal prisoner's petition for habeas corpus, ordering his immediate release from confinement. The court held that the federal Bureau of Prisons (BOP) improperly treated the prisoner's concurrent California state sentence as consecutive …
Infraction Inadmissable at Criminal Trial by The court of appeals for the Seventh circuit held that a district court erred when it admitted testimony on the outcome of a prison disciplinary hearing in a criminal trial on the same charges. Anthony Thomas was convicted in federal court of mailing death …
Article • July 15, 1999 • from PLN July, 1999
Arizona Prisoners Can Pay Filing Fee in Installments by An Arizona appellate court held that a lower court had erred in ruling incarcerated felons were required to prepay, in its entirety, all filing fees when filing civil actions. Jose Inzunza-Ortega attempted to file a civil suit in Maricopa county (Phoenix) …
Article • July 15, 1999 • from PLN July, 1999
Exhaustion Required by A federal district court in New York held that a New York state prisoner was required to exhaust the prison grievance system before filing suit. The court held that exhaustion under 42 U.S.C. § 1997e(a) is required even if the grievance process is futile. The case involved …
PLRA Doesn't Affect Court Contempt Powers by A federal district court in New Jersey held that 18 U.S.C. § 3626, which allows for the immediate termination of prison and jail consent decrees, does not affect the contempt powers of courts. The underlying case involves a motion by jail detainee plaintiffs …
Illinois Exhaustion Described by A federal district court in Illinois held that a prisoner had fully exhausted all available administrative remedies under 42 U.S.C. § 1997e when he submitted a grievance through all levels of the Illinois Department of Corrections. Brian Jones filed suit claiming a prison guard beat him …
PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive by A federal district court in Illinois held that 42 U.S.C. § 1997e(a), which requires administrative exhaustion before prisoners file suit, and 42 U.S.C. § 1997e(e), which requires physical injury, before prisoners can file suit, do not apply retroactively to suits …
Wisconsin Prisoners Stage Food Protest by On January 18 and 19, 1999, Wisconsin prisoners housed at a private prison in Sayre, Oklahoma, refused to show up at the prison's chow hall for meals. John Wisener, chief of security at the North Fork Correctional Center, said that only 75-80 of the …
Article • July 15, 1999 • from PLN July, 1999
PLRA Physical Injury Requirement Not Retroactive by The Tenth circuit court of appeals held that the Prison Litigation Reform Act's physical injury requirement, codified at 42 U.S.C. § 1997e(e), does not apply retroactively to lawsuits filed before the PLRA's enactment on April 26, 1996. Bobby Craig, a pretrial detainee at …
Guard Guilty of Penis Stomping by Afederal district court in Buffalo categorically rejected a jail guard's post-trial motions in a criminal proceeding, in which he was found guilty of violating a prisoner's Eighth Amendment rights. John Walsh was a lieutenant at the Orleans County (NY) jail. He weighed 400 pounds …
Article • July 15, 1999 • from PLN July, 1999
Florida Prison Erupts by On March 17, 1998, shortly after Hendry Correctional Institution (HCI) began feeding the prisoners supper, a melee broke out on the yard in front of the chowhall. Within moments, several guards, including the shift supervisor, were lying unconscious in the dirt. The seeds of discord were …
Washington Gift Subscription Ban Injunction Affirmed by In the February, 1998, issue of PLN we reported Crofton v. Spalding and Crofton v. Ocanaz. Both were unpublished rulings from the U.S. district court in Spokane, Washington. Two separate judges ruled that a Washington State Penitentiary (WSP) policy requiring that prisoners purchase …
Article • July 15, 1999 • from PLN July, 1999
$660,000 Awarded in Post-Sandin Segregation Suit by On February 26, 1999, a federal jury in Rochester, New York, awarded New York state prisoner David McClary $660,000 in damages after finding he was improperly held in administrative segregation for over four years. In the March, 1999, issue of PLN we reported …
Article • July 15, 1999 • from PLN July, 1999
Filed under: News, News in Brief
News in Brief by AR: Little Rock parole officer William Lambert was arrested March 17, 1999 after police found 10 grams of methamphetarnine in his possession. He was charged with intent to deliver and released on a $52,500 bond. AZ: Robert Wayne Vickers, sentenced to death for killing fellow death …
Article • July 15, 1999 • from PLN July, 1999
Filed under: Editorials, Media, Censorship
From the Editor by Dan Pens Greetings and welcome to another issue of PLN . I'd like to bring to your attention a slight change in PLN 's mailing address. The U.S. Postal Services decided that mail addressed to "private mail boxes" (those handy mail centers that offer friendlier and …
Brief • July 1, 1999
Bigelow v. District of Columbia, DC, Complaint, Prisoner Assault, 1999 . , SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Civil Division VINCENT BIGELOW DCDC No. 259-728 Maximum Facility Lorton, VA 22199 Plaintiff ci;':i)..:Action No. ····.i".f'.. l>o .... v. Calenda.~> . ,) Judge '.p THE DISTRICT OF COLUMBIA A Municipal Corporation …
Brief • July 1, 1999
Filed under: Eighth Amendment
Battle v. District of Columbia, DC, Complaint, Inhumane Conditions, 1999 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KENNISON BATTLE DCDC #228-223 CCAINEOH Correctional Facility 2240 Hubbard Road Youngstown, Ohio 44505 V (303) 746-3777 SHANNON BATTLE DCDC #263-505 l/ CCAINEOH Correctional Facility 2240 Hubbard Road Youngstown, Ohio 44505 (303) …
Brief • June 16, 1999
Filed under: Medical
Bartlett v. State of Washington, WA, Judgment, Substandard Healthcare, 1999 FILED JUN 16 1999 THOMASR SPOKANE C6~NALTYLOU'ST CLERK 2 ... .J 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SPOKANE 5 6 7 VALERIE 1. BARTLETT, 8 9 10 Plaintiff, NO. 97-2-04659-3 …
Article • June 15, 1999 • from PLN June, 1999
Notes from the Unrepenitentiary by Laura Whitehorn By Laura Whitehorn I had thought I'd be gone to a halfway house by now, since I'm only five months from my mandatory release date. But it seems the decision on releasing me has been relegated to "a higher authority." This reminds us, …
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