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County Bankruptcy Tolls FRCP 4(m) by The court of appeals for the Ninth Circuit held that a county's bankruptcy proceedings tolled Federal Rule of Civil Procedure (FRCP) 4(m) which gives plaintiffs 120 days in which to serve defendants with the lawsuit. In 1995 Gordon De Tie sued Orange County, California, …
Article • May 15, 1999 • from PLN May, 1999
Consenting to Have Magistrate Conduct Trial Not Waiver to Right to Jury Trial by The Fifth Circuit court of appeals held that a pro se prisoner who signed a consent to have a magistrate judge conduct his trial did not knowingly waive his right to a jury trial. Kevin Jennings, …
Article • May 15, 1999 • from PLN May, 1999
District Court Can't Dismiss Appeal for Failure to Pay Filing Fee by The court of appeals for the Seventh circuit held that district courts lack the statutory authority to dismiss appeals due to a party's failure to pay the filing fee. Earl Sperow, an Illinois state prisoner, filed a lawsuit …
Guard Raped, Entire Texas Prison System Locked Down by A female Texas Department of Corrections (TDC) prison guard was dragged into a cell, held hostage for two hours and sexually assaulted by a prisoner armed with an 8-inch piece of sharpened metal, according to several published news accounts. The French …
Grand Jury Reverses Indictment Against Jailers by A Galveston, Texas, grand jury decided to take back an indictment it had issued against four Galveston County sheriff's deputies after three of the four agreed to surrender their peace-officer licenses. The reversal left some law experts scratching their heads. "I've never heard …
Article • May 15, 1999 • from PLN May, 1999
Corcoran Shooting Death Suit Settled for $825,000 by On November 10, 1998, the California Department of Corrections (CDC) settled a lawsuit involving the 1994 shooting death of prisoner Preston Tate for $825,000. Tate, a black gang member, was in the Corcoran prisons Security Housing Unit (SHU) when guards placed him …
Article • May 15, 1999 • from PLN May, 1999
Filed under: Organizing, Voting
New Hampshire Prisoners Gain the Vote by ANew Hampshire Superior Court ruled that state laws prohibiting all incarcerated felons from voting violate the state constitution. On September 4, 1998, state prisoner David J. Fischer sent a letter to the Rochester City Clerk to request "that you register me to vote …
Article • May 15, 1999 • from PLN May, 1999
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 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 …
Article • May 15, 1999 • from PLN May, 1999
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 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 …
Article • May 15, 1999 • from PLN May, 1999
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 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 …
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 …
Article • May 15, 1999 • from PLN May, 1999
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. …
Brief • May 11, 1999
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 …
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 …
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 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 …
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 …
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