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Guard Awarded $300,000 for ETS Exposure in ADA Suit by Afederal district court in New York held that an asthmatic prison guard was "disabled" under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., but compensation under 42 U.S.C. § 1981a(b)(3) could not exceed $300,000. The court …
Article • December 15, 1998 • from PLN December, 1998
Ex-Prisoner Sues Over Phony Jail Dentist by When Timothy Stanley, 32, was in the Marion County (FL) Jail in January, 1997, facing drug charges, he needed some dental work done. According to the jail's medical log, Sheriff Ken Ergle's "dentist", Illya Fitzgerald Hathorn, pulled one of Stanley's teeth. Now Stanley …
Discipline for Possessing Legal Papers Vacated by AColorado state appeals court held that no evidence supported an infraction against a prisoner found guilty of bartering and possessing another prisoner's legal papers. John Tebbetts, a Colorado state prisoner, was infracted and found guilty of "bartering'' after prison officials found letters from …
Article • December 15, 1998 • from PLN December, 1998
Denial of Social Security Benefits to Prisoners Upheld by The court of appeals for the Ninth circuit held that a statute denying Social Security benefits to prisoners is constitutional. Robert Butler is a 77 year old Nevada state prisoner. Butler was granted social security retirement benefits in 1983. He was …
Article • December 15, 1998 • from PLN December, 1998
Deportation Moots Federal Habeas Appeal by The Court of Appeals for the Seventh Circuit has ruled that deportation, during the appeal from the denial of a petition for a writ of habeas corpus by a state prisoner, moots the appeal. Fabio Diaz, a citizen of the Dominican Republic, was an …
Article • December 15, 1998 • from PLN December, 1998
Filed under: News, News in Brief
News in Brief by AZ : On July 30, 1998, Tempe Jailer Chris Perry was suspended for 16 hours after an internal investigation found he had punched prisoner Jon M. Harding on the head three times after Harding bit him. Perry was cleared of excessive force charges arising from two …
Article • December 15, 1998 • from PLN December, 1998
From the Editor by Paul Wright By now PLN subscribers should have received a fund raiser letter from PLN . We are requesting donations from our readers in order to upgrade PLN 's aging computer equipment. Two PLN supporters have recently donated up to date software, including a state of …
Article • December 15, 1998 • from PLN December, 1998
Filed under: Civil Procedure, Complaints
Pro Se Tips and Tactics - Motions to Dismiss by John Midgley 1. Rule 12(b)(6) Motions To Dismiss For Failure To State A Claim In some prison cases filed pro se by prisoners, the defendants will file a "motion to dismiss for failure to state a claim." In cases filed …
Article • December 15, 1998 • from PLN December, 1998
PLRA Termination Provision Unconstitutional in Ninth Circuit by The court of appeals for the Ninth circuit held that the section of the Prison Litigation Reform Act (PLRA), which requires immediate termination of previously granted prospective relief in litigation challenging prison conditions, violates separation of powers principles. This decision is unique …
Article • December 15, 1998 • from PLN December, 1998
Preliminary Injunction Granted in Kosher Diet Claim by Prisons must provide a diet which conforms to prisoners' sincerely held religious beliefs according to a federal court in Colorado. Charles Beerheide, Sheldon Perlman, and Allen Fistell, Colorado state prisoners who are Orthodox Jews, filed suit under 42 U.S.C. § 1983, alleging …
Article • December 15, 1998 • from PLN December, 1998
Rule 12(b) Dismissal Requires Inability to Prove Claim by The Second Circuit has held that a civil rights claim may only be dismissed under Federal Rules of Civil Procedure 12(b)(6) for failure to state a claim if it is beyond doubt that the plaintiff can prove no set of facts …
Segregated Prisoners Retain Religious Congregation Rights by Prisoners in disciplinary segregation (keeplock) in the Second Circuit have a clearly established right to attend religious services according to a New York federal district court. The court also required the attorney general's office to explain why it should not be sanctioned for …
Article • December 15, 1998 • from PLN December, 1998
SWAT Team Ends Juvenile Center Standoff by SWAT teams were called in to saw through a 3- to 4-inch thick steel door to reach four teens who had barricaded themselves in an office after allegedly leading an uprising at a juvenile detention center. The power saw cut through the door …
Article • December 15, 1998 • from PLN December, 1998
Filed under: Reviews, Media, Prisoner Media
Prison Writing in 20th-Century America (Book Review) by Daniel Burton-Rose H. Bruce Franklin,Editor, Penguin, 1998 by Daniel Burton-Rose Closing a conversation about how hideous and abysmal prisons are these days, the great ex-con sociologist John Irwin remarked to me with a muted note of pleasure which I found somewhat unethical …
Article • December 15, 1998 • from PLN December, 1998
Prisoners' Legal Services of NY Victim of Budget Ax by Dan Pens September 13, 1971 Bloody Monday. New York Governor Nelson Rockefeller unleashes a firestorm of bullets and shotgun blasts into Attica's D-Yard. Eight minutes and 3,000 rounds of ammo later, 29 prisoners and 10 hostages lay fatally gunshot in …
Seventh Circuit Split on Self-Defense in Prison by The court of appeals for the Seventh circuit held that a federal prisoner criminally charged with assault could not assert a defense of self defense when he had the time and opportunity to seek protection from guards. Charles Haynes was a prisoner …
Qualified Immunity No Protection for ADA Injunctive Claims by In the October, 1998, issue of PLN we reported Rouse v. Plantier , 987 F. Supp. 302 (D NJ 1997) which involves a class action lawsuit challenging the adequacy of treatment that diabetic prisoners receive in New Jersey state prisons. In …
Rehabilitation or Corporate Profit by Peaceful efforts, by Alaskan prisoners, on August 30, 1998, to address grievances and concerns repeatedly ignored at the Central Arizona Detention Center, in Florence, Arizona, were mercilessly squashed following a sit down demonstration in the prison exercise yard. What was initially a peaceful, sit-down demonstration …
Article • December 15, 1998 • from PLN December, 1998
RFRA Still Applies to Federal Government by The court of appeals for the eighth circuit held that the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb, still applies to the federal government. In the September, 1997, issue of PLN we reported City of Boerne v. Flores , 117 S.Ct. 2157 …
Texas Prisons Not Immune In Tort Claims Act Suits by A Texas appellate court held that the prison system and its employees are not entitled to common-law immunity, official immunity, or sovereign immunity for a claim under under the Texas Tort Claims Act (TTCA), Texas Civil Practice & Remedies Code …
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