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PLN Writer Settles Nude Photo Suit for $3,000 by On June 2, 1998, a Florida prisoner and Assistant Attorney General struck a settlement deal in the midst of a federal trial. The prisoner regained possession of two nude photos confiscated by DOC officials in 1993 and received approximately $3,000 in …
Article • February 15, 1999 • from PLN February, 1999
Filed under: News, News in Brief
News in Brief by CA : On October 1, 1998, about 100 prisoners at the privately run Victor Valley Community Correctional Facility were involved in a fight. Three prisoners required hospital treatment for minor injuries. The prison is run by Maranatha Private Corrections. CA : On September 19, 1998, the …
Article • February 15, 1999 • from PLN February, 1999
From the Editor by Paul Wright Since PLN began publishing in 1990 we have had to confront prison censors that have sought to prevent prisoners from receiving PLN . We have usually been able to resolve these problems administratively. In those cases where letters or phone calls prove fruitless we …
Brief • February 5, 1999
Filed under: Accidents
Swartz v. WA DOC, WA, Release and Settlement Agreement, Gym Roof Accident, 1999 .. . '.", ~. @"" Christine O. Gregoire ATTbRNEY GENERAL OF WASHINGTON .. Tort Claims Division 629 Woodland'Sqtiare Loop SE First Floor • PO Box 40126 • Olympia WA 98504-0126 -., ~. ,. "I RELEASE AND SETTLEMENT …
Brief • February 5, 1999
Davis v. Bureau of Prisons, DC, Complaint, Lost Property, 1999 (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c (b)(7)c
Juvenile Crime Still Pays -- But at What Cost? by Alex Friedmann Juvenile Crime Still Pays – But at What Cost? by Alex Friedmann [Last February, PLN published a cover article, "Juvenile Crime Pays," concerning the proliferation of for-profit juvenile justice services. This month we revisit the topic following recent …
Article • January 15, 1999 • from PLN January, 1999
Guard's Death Threats May Violate Eighth Amendment by The court of appeals for the District of Columbia (DC) Circuit held that a guard's death threats to a prisoner stated a claim under the Eighth amendment. The court also held that the In Forma Pauperis (IFP) provisions of the Prison Litigation …
No Immunity for Forcing Disabled Prisoner to Work by The court of appeals for the Eighth circuit held that a prison guard was not entitled to qualified immunity from money damages for forcing a prisoner to perform work he was physically incapable of doing. Ramon Sanchez, a Missouri state prisoner, …
Article • January 15, 1999 • from PLN January, 1999
BOP Exceeds Statutory Authority in Denying Sentence Reductions by Afederal district court in the District of Columbia held that the Bureau of Prisons (BOP) had exceeded its statutory authority by defining "violent" offenses to preclude a sentence reduction for convictions the courts have consistently defined as "non-violent." In 1994 congress …
Article • January 15, 1999 • from PLN January, 1999
Utah Strip Search Suit Settled by On January 21, 1998, the Utah Department of Corrections settled a strip search lawsuit with prisoner David Hansen. Hansen had filed suit claiming his Fourth amendment rights were violated when he was handcuffed and subjected to a strip search where prison guards manipulated his …
$15,001 Excessive Force Verdict Affirmed by The court of appeals for the First circuit affirmed a jury verdict awarding $15,001 in damages to a prisoner beaten by prison guards. The court affirmed several evidentiary rulings by the district court excluding evidence of a disciplinary hearing guilty plea by the plaintiff …
AEDPA Statute of Limitations Tolled by The court of appeals for the Third circuit held that the one year statute of limitations in which to file a federal habeas corpus petition is a statute of limitation subject to tolling. In 1994 Frank Miller, a New Jersey state prisoner, was found …
Article • January 15, 1999 • from PLN January, 1999
California Parolee Gag Order Lifted by The California Department of Corrections (CDC) admits it made a mistake when one of its agents tossed a parolee in jail for refusing to sign off on a parole condition banning him from talking to the media. Arthur Putney, 52, was jailed after parole …
Article • January 15, 1999 • from PLN January, 1999
BOP Visitors Subjected to Ion Scan by M L A memo has been posted alerting the population at USP-Lompoc [federal prison in Calif.] that a pilot program has been implemented whereby visitors will be scanned with a nuclear ion machine that detects "drug use". There are graduated penalties for those …
Article • January 15, 1999 • from PLN January, 1999
PLRA Immediate Termination Provisions Unconstitutional by Afederal district court in. New Jersey has declared unconstitutional the provisions of the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626(b)(2)(3), permitting the immediate termination of consent decrees. In 1983, Robert Lee Denike and Kenneth Vespa, New Jersey state prisoners, sued prison officials …
PLRA Allows Fees on Fees in Failure to Protect Suit by The court of appeals for the Third circuit held that the Prison Litigation Reform Act (PLRA) allows lawyers to collect attorney fees in litigating attorney fee awards. The practice is sometimes referred to as "fees on fees." The court …
Article • January 15, 1999 • from PLN January, 1999
En Banc Review Granted in Taylor by In the December, 1998, issue of PLN we reported Taylor v. United States , 143 F.3d 1178 (9th Cir. 1998). In that case, a panel of the Ninth circuit court of appeals unanimously held that 18 U.S.C. § 3626(b)(2) is unconstitutional. This provision …
Article • January 15, 1999 • from PLN January, 1999
PLN Sues Oregon DOC Over Bulk Mail Ban by On October 29, 1998, Prison Legal News ( PLN ) sued the Oregon Department of Corrections (DOC) in federal district court for damages and declaratory and injunctive relief. Since at least 1991 the Oregon DOC has had a policy requiring that …
Article • January 15, 1999 • from PLN January, 1999
Tennessee Prisoners Fight to Keep Money by Eight Tennessee prisoners have filed suit to challenge the constitutionality of a state law that allows the Department of Corrections to seize up to 90 percent of a prisoner's trust account to pay for the cost of their own imprisonment. The new law …
Article • January 15, 1999 • from PLN January, 1999
Georgia Prison Officials Take Taxpayers for a Long Ride by Georgia prison officials used $23,602 from state prison industries profits to attend a conference on prisons in Israel tied to the country's 50th anniversary celebration. DOC chief Wayne Garner defended the trip, saying he has been a" good steward of …
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