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Colorado Prisoner Acquitted of Kidnapping
Article • May 15, 1999 • from PLN May, 1999
Filed under: Guard Misconduct, Crime/Demographics, Criminal Prosecution, Assaults on Staff
Colorado Prisoner Acquitted of Kidnapping by Colorado state prisoner William Sojka may have had a "fool for an attorney" (he represented himself at trial). But a jury did acquit him of kidnapping, attempted murder and assault charges for allegedly taking guard Mary Henderson hostage, shocking her with an electrical cord …
New Jersey Guard's Killer Gets Life
Article • May 15, 1999 • from PLN May, 1999
Filed under: Racial Discrimination, Crime/Demographics, Prison/Jail Murders, Assaults on Staff
New Jersey Guard's Killer Gets Life by Steven Beverly was convicted for the 1997 killing of a Bayside State Prison (New Jersey) guard. But two days later, November 11, 1998, the jury of seven men and five women said they were deadlocked on whether he should be executed. Under state …
New York Paroles for Sale
Article • May 15, 1999 • from PLN May, 1999
Filed under: Misconduct/Corruption, Parole Board Misconduct, Government Misconduct, Parole
New York Paroles for Sale by Julia Lutsky In January 1997 the parents of a young Korean prisoner walked into the Brooklyn offices of federal prosecutor Zachary Carter to report that a volunteer fund raiser for Republican Governor Pataki said he would use his influence to win parole for their …
New Jersey Porn Ban Struck Down
Article • May 15, 1999 • from PLN May, 1999
Filed under: Sex Offenders (Discrimination), Injunctions, Preliminary Injunctions/TRO's, Mail, Sexually Explicit Materials
New Jersey Porn Ban Struck Down by In two separate rulings a federal court in New Jersey held that a New Jersey statute prohibiting imprisoned sex offenders from receiving or possessing sexually oriented materials was unconstitutional. The two rulings consist of a preliminary injunction and a permanent injunction enjoining the …
180 Days in SHU Not "Atypical and Significant"
Article • May 15, 1999 • from PLN May, 1999
Filed under: Disciplinary Hearings, Liberty Interests, Hearing Officers
180 Days in SHU Not "Atypical and Significant" by 180 Days in SHU Not "Atypical and Significant" A federal district court in New York held that 180 days in a Special Housing Unit (SHU) , along with loss of package, commissary and telephone privileges, does not give rise to a …
$4,000 Awarded to Paraplegic Prisoners Segregated Under Improper Conditions
Article • May 15, 1999 • from PLN May, 1999
Filed under: Disabled Prisoners, Food, Eighth Amendment, Toilets, Bedding, Damages, Control Units/SHU/Solitary Confinement
$4,000 Awarded to Paraplegic Prisoners Segregated Under Improper Conditions by The Eighth Circuit court of appeals held that the administrative segregation prison conditions two paraplegic prisoners were subjected to were unconstitutional and upheld a total award of $4,000 in compensatory damages. Bobby Franklin Simmons and Ricky Lee Marshall (plaintiffs), two …
News in Brief
Article • May 15, 1999 • from PLN May, 1999
Filed under: News, News in Brief
News in Brief by AR : On October 13, 1999, Mark Lucas escaped from the Miller County jail in Texarkana by sawing through a cell lock and running through open fire escape doors. Lucas, awaiting trial on murder charges, was later recaptured. CA : In December, 1998, Sacramento sheriff's deputy …
From the Editor
Article • May 15, 1999 • from PLN May, 1999
Filed under: Commentary/Reviews, Editorials
From the Editor by Dan Pens Welcome to the ninth anniversary issue of PLN . Many people, supporters and detractors alike, are amazed by PLN 's longevity. We're not amazed. We're proud, not to mention weary. It takes an incredible amount of commitment and hard work to keep PLN going. …
In Re Northeast Ohio Correctional Center, OH, Memo Approving Class Action Settlement, Conditions of Confinement, 1999
Brief • May 11, 1999
Filed under: Conditions of Confinement, Eighth Amendment
In Re Northeast Ohio Correctional Center, OH, Memo Approving Class Action Settlement, Conditions of Confinement, 1999 ,t:,I ' • ., . '9 UNITED STATES D1STRJcr COURT NORTHERN I)JSTRJCT OF OHIO EASTER>'\' DIVISION IN RE: NORTHEAST 01110 CORJ~ECTIONALCENTER ) CASE NO. 4:97 CV 1995 ) ) ) JUDGE DAN AARON POLSTER …
Key v. District of Columbia, DC, Complaint, Prisoner Assault, 1999
Brief • April 28, 1999
Key v. District of Columbia, DC, Complaint, Prisoner Assault, 1999 SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Civil Division REGINALD KEY Jr. 5622 Livingstone Terrace Apt. #302 Oxon Hill, MD 20745 \\ Plaintiff v. THE DISTRICT OF COLUMBIA A Municipal Corporation 441 Fourth Street, NW Washington, DC 20001 Defendant COMPLAINT …
Pagan v. US, CT, Defendant Hasan Release, 1999
Brief • April 19, 1999
Pagan v. US, CT, Defendant Hasan Release, 1999 UNITED STATES DISTRICT COURT . DISTRICT OF CONNECTICUT ELIZABETH PAGAN, Plaintiff, CIVIL NO. 3:97CV1798(RNC) v. UNITED STATES OF AMERICA, Defendant. RELEASE I, SHAGUFTA HASAN, M.D., one of the defendants originally named in this action, hereby release any and all claims, demands, rights, …
Michigan Department of Corrections Fined $300,000 in Contempt Case
Article • April 15, 1999 • from PLN April, 1999
Filed under: Gender Discrimination -- Women, Civil Procedure, Damages, Contempt (Civil Procedure)
Michigan Department of Corrections Fined $300,000 in Contempt Case by On July 23, 1998, a federal court in Michigan imposed contempt sanctions against the Michigan Department of Corrections for its failure to comply with previous court orders. This is the latest installment in the decades long suit filed by women …
Jailhouse Journalism: The Fourth Estate Behind Bars by James McGrath (Book Review)
Article • April 15, 1999 • from PLN April, 1999
Filed under: Reviews, Media, Prisoner Media
Jailhouse Journalism: The Fourth Estate Behind Bars by James McGrath (Book Review) by Paul Wright Reviewed By Paul Wright Little has been written about the prison press. Jailhouse Journalism is a first step in chronicling the history of prison publications. The book is organized largely in chronological order combined with …
Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States (Book Review)
Article • April 15, 1999 • from PLN April, 1999
Filed under: Racial Discrimination, Reviews, Organizing, Voting
Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States (Book Review) by Alex Friedmann Review by Alex Friedmann "The expansion of suffrage toall sectors of the population is one of the United States' most important political triumphs .... Today, all mentally competent adults have the right …
PLRA Exhaustion Requirement Not Retroactive
Article • April 15, 1999 • from PLN April, 1999
Filed under: Ventilation, PLRA, Administrative Exhaustion (PLRA), Administrative Exhaustion
PLRA Exhaustion Requirement Not Retroactive by The court of appeals for the Ninth circuit held that the administrative remedies exhaustion provision of 42 U.S.C. § 1997e(a), as amended by the PLRA, does not apply retroactively to prisoner actions filed prior to its enactment date of April 26, 1996. The court …
Eighth Circuit Upholds, Defines IFP Provisions
Article • April 15, 1999 • from PLN April, 1999
Filed under: Filing Fees (PLRA), Seizure of Prisoner Funds, Federal Statutory Law, All Writs Act
Eighth Circuit Upholds, Defines IFP Provisions by The court of appeals for the Eighth circuit, in two separate rulings, has upheld and defined the In Forma Pauperis (IFP) provisions of the PLRA. Kenneth Murray filed a petition under the All Writs Act, 28 U.S.C. § 1651, claiming a court clerk …
IFP Application Not Required When Suit Filed
Article • April 15, 1999 • from PLN April, 1999
Filed under: PLRA, Filing Fees (PLRA)
IFP Application Not Required When Suit Filed by The court of appeals for the Eighth Circuit held that the PLRA does not require the filing of a trust fund account statement and an In Forma Pauperis (IFP) application at the same time the complaint is filed. Walter Garret, a Missouri …
Physical Injury Requirement Not Retroactive
Article • April 15, 1999 • from PLN April, 1999
Filed under: Threats by Staff, PLRA, Physical Injury Rule
Physical Injury Requirement Not Retroactive by The court of appeals for the Ninth circuit held that 42 U.S.C. § 1997e(e) does not apply retroactively to suits filed before the Prison Litigation Reform Act's April 26, 1996, enactment. Byron Swan, a California state prisoner, filed suit in 1994 claiming a guard …
PLRA Doesn't Ban Class Actions
Article • April 15, 1999 • from PLN April, 1999
Filed under: Prison/Common Area Searches, Excessive Force, Guard Brutality/Beatings, Class Certification
PLRA Doesn't Ban Class Actions by A federal district court in Georgia held that the Prison Litigation Reform Act (PLRA) does not ban class action suits by prisoners. In the October, 1998, issue of PLN we reported the Georgia DOC's settlement of a class action suit involving the beating and …
No Leave to Amend Complaint for IFP Litigants
Article • April 15, 1999 • from PLN April, 1999
Filed under: Filing Fees (PLRA), Complaints, Control Units/SHU/Solitary Confinement
No Leave to Amend Complaint for IFP Litigants by In an important procedural ruling, the court of appeals for the Ninth circuit held that the Prison Litigation Reform Act (PLRA) had overruled prior circuit rulings requiring that In Forma Pauperis (IFP) litigants be given an opportunity to amend their complaints …
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