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Cancellation of TDCJ/VitaPro Contract Reversed by ATexas appellate court held that a material fact issue of whether dehydrated textured vegetable protein (TVP) is an agricultural commodity precludes the trial court from granting the Texas Department of Criminal Justice (TDCJ) summary judgment declaring its contract with VitaPro invalid. In mid-1994, TDCJ …
Our Sisters' Keepers by Daniel Burton-Rose No one can imagine. What it's like. Not unless you've gone through it. Christina Foos has. While incarcerated in a for-profit prison in Arizona, Christina says she was accosted by a guard, Ernesto Rivas, as she stepped out of the shower in March of …
Human Rights Report Details Women in Prison by A recent report from the group Human Rights Watch, titled Nowhere to Hide: Retaliation Against Women in Michigan State Prisons , charges both that Michigan holds female prisoners in horrid conditions and that women who challenge these conditions are subject to retaliation …
Article • February 15, 1999 • from PLN February, 1999
Campaign to End Slavery in American Prisons by Campaign to End Slavery In American Prisons The purposes of the Campaign to End Slavery in American Prisons (CTES) are To identify a socially responsible prison labor standard. To assess working conditions in various prisons and identify those that meet or exceed …
Article • February 15, 1999 • from PLN February, 1999
Book Review: Breaking the Walls of Silence by Laura Whitehorn Book review by Laura Whitehorn Breaking The Walls Of Silence: AIDS and Women in a New Youk State Maximum Security Prison was written by the members of the ACE Program (AIDS Counseling and Education) of Bedford Hills Women's Prison. It …
Article • February 15, 1999 • from PLN February, 1999
Notes from the Unrepenitentiary by Laura Whitehorn If all goes well, and my 6-month halfway house is approved, this will be my last column as a prisoner contributor to PLN . This column will be written in the future by my co-defendants and comrades, Marilyn Buck and Linda Evans, both …
Felony Trial for Planted Knife Is Malicious Prosecution by Felony Trial for Planted Knife is Malicious Prosecution In an unpublished opinion, the Tenth Circuit held that a felony prosecution for possession of a knife planted by a guard in a prisoner's cell in retaliation for complaining about the guard was …
Attorney Fee Cap Inapplicable to Pre-PLRA Suits; PLRA Automatic Stay Provisions Constitutional by S.Ct. Grants Review of Fee Issue by Matthew T. Clarke The Court of Appeals for the Sixth Circuit has held that the attorney fee cap contained within the Prison Litigation Reform Act, 42 U.S.C. §1997e(d), (PLRA) does …
Article • February 15, 1999 • from PLN February, 1999
Dismissal with Prejudice for Failure to Exhaust; Prison Must Process Grievance within Time Limits by In an opinion of great importance to prisoners filing civil rights suits, the Fifth Circuit court of appeals has upheld a district court's dismissal with prejudice toward future in forma pauperis (IFP) filing of a …
California Guards Indicted in Rapes by Willie Wisely By W. Wisely More than five years after they set two prisoners up to be raped, then concealed their crimes by falsifying documents and lying to investigators, five guards from California's Corcoran prison were indicted on October 8, 1998, by a Kings …
New York Prison Guard Nailed with DNA Evidence by Aformer New York state prison guard was sentenced in September, 1998, to three years imprisonment after admitting he forced a male prisoner to perform oral sex. Michael W. Roberts was a guard at the Adirondack Correctional Facility in upstate New York …
Article • February 15, 1999 • from PLN February, 1999
Virginia Prison "Fire Trap" Finding Reversed by Virginia Prison "Fire Trap" Finding Reversed Virginia's state fire marshal overruled an inspector's recommendation to close a prison "fire trap" after reinspecting the building himself at the request of the warden, according to an Associated Press report. Carolyn R. Williams, a state fire …
Threats to File Grievances Protected by Afederal district court in New York held that the existence of a genuine issue of material fact as to whether a prison guard had battered a prisoner in retaliation for the prisoner's threat to file a grievance on the guard, precluded summary judgment on …
Article • February 15, 1999 • from PLN February, 1999
University Professor Shills for Private Prison Industry by Alex Friedmann Much of the statistical and academic information regarding prison privatization that is reported in the media (and consequently relied upon by lawmakers deciding whether to contract with private prison companies) comes from Charles W. Thomas, director of the Private Corrections …
Article • February 15, 1999 • from PLN February, 1999
Samuels v. Mockry Reversed Once Again by The court of appeals for the second circuit held that an issue of fact as to whether prison officials acted with a retaliatory animus when they placed a prisoner in the "Limited Privileges Program" (LPP), precluded summary judgment for the defendants. This is …
Washington 35% Statute Upheld in State Court by AWashington state appeals court upheld the constitutionality of two statutes which allow the seizure by the state of 35% of the wages prisoners earn and of the money sent in to prisoners from outside the prison system. The court held the laws …
Article • February 15, 1999 • from PLN February, 1999
Scott Superceded by In the October, 1998, issue of PLN we reported Scott v. Albury, 138 F.3d 474 (2nd Cir. 1998). The case involves an analysis of the process due in prison disciplinary hearings where only a punishment of disciplinary segregation is imposed. That ruling was superseded by a new …
Settlement in Washington State Deaf Prisoners' Lawsuit by Jeff Crollard Aclass action lawsuit was settled on behalf of deaf and hearing-impaired prisoners in Washington State on September 3, 1998. The settlement agreement obligates the Washington State Department of Corrections to provide qualified sign language interpreters and assistive devices, such as …
Duffy v. Riveland: Some Comments Regarding the Court's January 20, 1998 Summary Judgment Ruling by Leonard Feldman By Leonard J. Feldman On January 20, 1998, the district court in Duffy v. Riveland granted summary judgment on a state law claim presented by plaintiff Sean Duffy. The Court found that it …
Article • February 15, 1999 • from PLN February, 1999
California Gas Chamber Ruling Vacated by In the April, 1995, issue we reported Fierro v. Gomez , 865 F. Supp. 1387 (ND CA 1994), affirmed at 77 F.3d 301 (9th Cir. 1996)[ PLN , Nov. 1996] which held that California's gas chamber was an unconstitutional means of execution. The supreme …
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