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Medical Restraint Requires Doctor's Supervision by The Eighth Circuit has held that the law was clearly established in 1988 requiring specific approval from a doctor when a prisoner is placed in segregation and restraints for psychiatric treatment purposes. Eddie Buckley, an Iowa state prisoner, sued alleging that he was routinely …
MT Prisoners Win Damages and Fees in Riot Suit by On April 2, 1998, a federal jury in Montana ruled that state prison officials had violated the Eighth amendment rights of 13 prisoners. In September, 1991, a riot occurred at the Montana State Prison in Deer Lodge. Five prisoners in …
Article • November 15, 1998 • from PLN November, 1998
NC AG Opinions Reversed in Consecutive Sentence Servitude by Roger Grubb By Roger Grubb The North Carolina Court of Appeals handed North Carolina prisoners a long sought victory in how consecutive sentences are computed by the Department of Correction for purposes of determining parole eligibility. On August 5, 1997, the …
Article • November 15, 1998 • from PLN November, 1998
No Immunity in Failure to Protect Informant Suit by In the April, 1998, issue of PLN we reported Dowling v. Hannigan , 968 F. Supp. 610 (D KS 1997). The case involved Kansas state prisoner and informant Mark Dowling, who claimed prison officials were deliberately indifferent to his safety when …
No Qualified Immunity for Private Health Care Provider by Afederal district court in Florida denied qualified immunity to a private provider of health care services to a county jail. Health care personnel failed to give a prisoner with a history of heart attacks her heart medication and ignored her complaints …
Article • November 15, 1998 • from PLN November, 1998
No Refund of PLRA Fees by The court of appeals for the Seventh circuit held that the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA) are constitutional and prisoners do not get a refund of the partial filing fees they pay if they later refuse to …
No Exhaustion Required in Guard Attack by A federal district court in New York held that 42 U.S.C. § 1997e of the PLRA did not require a prisoner to exhaust administrative remedies before filing suit over being beaten by prison guards. Candido Rodriguez is a New York state prisoner who …
Liberty Interest Created By Fine by A federal district court in Nevada held that a Nevada prisoner had no liberty interest in remaining free of one year of disciplinary segregation. The court also ruled that the prisoner had a property interest in money taken from his account for restitution and …
Article • November 15, 1998 • from PLN November, 1998
D.C. Smoking Injunction Reversed by In the December, 1997, issue of PLN we reported Crowder v. District of Columbia , 959 F. Supp. 6 (D DC 1997), where a district court in the District of Columbia (D.C.) issued an injunction requiring that three prisoners in the D.C. prison system not …
Article • November 15, 1998 • from PLN November, 1998
DC Circuit Resurrects Hewitt v. Helms by The court of appeals for the DC Circuit held that prisoners challenging placement in administrative segregation (ad seg) are not required to petition for habeas corpus relief. The case was remanded for further record development regarding what occurred at the prisoner's ad seg …
Article • November 15, 1998 • from PLN November, 1998
Holding Pretrial Detainee in Prison May Violate Due Process by A federal district court in New York ruled that holding a prisoner in a prison ten months after his conviction was reversed may violate the due process clause and entitle him to damages. In 1991 Vincent Robbins was convicted of …
Hawaii Prisoners Challenge 'Sex Offender' Label by Hawaii prisoners labeled as "sex offenders" and ordered to participate in a sex offender treatment program as a pre-condition of parole eligibility have a protected liberty interest in receiving minimal due process before being thus labeled. In 1992, Hawaii enacted a law authorizing …
Article • November 15, 1998 • from PLN November, 1998
Failure to Exhaust Administrative Remedies Not Jurisdictional by A federal district court in California held that 42 U.S.C. § 1997e(a) is not a jurisdictional prerequisite for federal courts to hear prisoner lawsuits; administrative exhaustion under that statute is not required when a prisoner seeks money damages as relief and the …
Article • November 15, 1998 • from PLN November, 1998
Fired SCI Greene Guards Regain Jobs by After months of negotiation with the union, the Pennsylvania DOC agreed to reinstate two guards who were fired from its Greene County prison. George Reposky and Mark Powell were fired and other guards were disciplined in May 1998 for using excessive force against …
Article • November 15, 1998 • from PLN November, 1998
Filed under: News, News in Brief
News in Brief by CA: Effective September 1, 1998, smoking and tobacco possession by prisoners is banned at the California Rehabilitation Center in Norco and 12 state prison reception centers. The tobacco ban was ordered by Governor Pete Wilson as a first step towards ending smoking by prisoners throughout the …
Article • November 15, 1998 • from PLN November, 1998
State Audit Exposes VCE Mismanagement by Aweek after the Island of Dr. Moreau scandal broke, the Virginia Auditor of Public Accounts released an audit of Virginia Correctional Enterprises (VCE) covering the period between July 1, 1996 and May 11, 1998. The report said that VCE posted an operating loss of …
Article • November 15, 1998 • from PLN November, 1998
State Auditor Blasts Texas Correctional Industries by by Matthew T. Clarke The Texas State Auditor has issued a report on Management Controls at Texas Correctional Industries (TCI) concluding that its management controls are so poor TCI cannot fulfill its statutory mandates of training prisoners for post-incarceration jobs and reducing the …
Article • November 15, 1998 • from PLN November, 1998
PLRA Termination Provision Constitutional in Eleventh Circuit by The court of appeals for the Eleventh circuit held that the termination provision of the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626(b)(2), does not violate the separation-of-powers doctrine, the due process clause, nor the equal protection clause of the fifth …
Article • November 15, 1998 • from PLN November, 1998
Successive Texas Habeas Corpus Defined by The Texas Court of Criminal Appeals has held that a state post-conviction petition for a writ of habeas corpus (petition) which does not challenge the prosecution or judgment does not count as a first petition for purposes of the state law restricting successive petitions, …
Segregation Requires Less Due Process by The court of appeals for the Seventh circuit held that prisoners facing only the prospect of disciplinary segregation are entitled to less due process than when the sanction imposed involves the loss of good time credits. The court also questioned, but did not decide, …
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