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Article • October 15, 1998 • from PLN October, 1998
Filed under: Work, Prison Industries
Ohio Union Officials Protest Prison Labor by Ohio state prisoners performed 2.9 million hours of unpaid "community service" labor in 1997 at schools, fairgrounds, churches and other locations. But when the St. Clairsville, Ohio, Board of Education recruited unpaid prison labor in the construction of an outdoor classroom, representatives of …
Article • October 15, 1998 • from PLN October, 1998
Nebraska Prisoners Have Right to Defend Against Suit by The Nebraska court of appeals held that prisoners have a due process right to defend themselves against lawsuits. Frances Thompson, an animal rights activist, and PLN subscriber, imprisoned in Nebraska, was sued by the University of Nebraska for unpaid student loans. …
Article • October 15, 1998 • from PLN October, 1998
New Trial After Magistrate Conducts Jury Selection by The court of appeals for the Eleventh circuit held that a magistrate presiding over jury selection, when the plaintiff objects, constitutes reversible error and is not subject to a harmless error analysis. Albert Thomas, a Georgia state prisoner, sued state prison officials. …
Nine Florida Prison Guards Indicted, Fired by Nine Florida state prison guards were indicted July 10, 1998, on federal conspiracy and civil rights violation felony charges in the death of a prisoner who was chained, beaten, and left to bleed to death. A tenth guard, presumably the one who broke …
No Administrative Exhaustion for Bivens Suit by No Administrative Exhaustion for Bivens Suits The court of appeals for the Ninth and Tenth circuits held that federal prisoners filing Bivens suits for money damages against Bureau of Prisons (BOP) officials need not exhaust administrative remedies where congress has made no provision …
No Exhaustion Required for Money Damage Claims by A federal district court in Illinois held that where prison administrative remedies do not provide for money damages there is no administrative remedy available for prisoner plaintiffs to exhaust within the meaning of 42 U.S.C. § 1997e(a) of the PLRA. Section 1997e(a) …
Article • October 15, 1998 • from PLN October, 1998
Phone Profits 'Benefit' Jail Detainees by The Stanislaus County (CA) Jail has a contract with Correctional Communication Corp., a private telephone company that caters to the Prison-Industrial Complex, to provide phone service to the jail's 1,100 captive consumers. There are more than 100 phones in the county's jails. More than …
Manslaughter Charges Against Three TX Guards Dismissed by In the July '97 issue of PLN we reported the beating death of Texas prisoner Gary Crenshaw, 31, at the hands of French Robertson unit guards. On June 30, 1997, a Jones County grand jury indicted Sgt. Monte Baker and guards Michael …
Article • October 15, 1998 • from PLN October, 1998
Maryland Indigent Court Cost Suit Settled by On July 1, 1997, U.S. district court judge Marvin Garbis approved the settlement of a class action suit involving the collection of previously waived indigent court costs. In 1991 the Maryland legislature enacted a Budget Reconciliation Act, 1991 Md. Laws, Ch. 3, § …
Article • October 15, 1998 • from PLN October, 1998
Kansas Prisoners Entitled to Halfway House Credits by The Kansas court of appeals held that prisoners whose halfway house status is revoked are entitled to credit for the time spent in the facility, but are not entitled to credit for time spent on house arrest. Bradley Cordill, a Kansas state …
PLRA Physical Injury Requirement Does Not Apply to Ex-Cons by The court of appeals for the Seventh circuit held that the PLRA's physical injury requirement does not apply to suits filed after a prisoner is released from prison. The court also held that secular substance abuse programs do not violate …
CT Prisoners Pinched for Cost of Imprisonment by A1995 "get tough" state law mandated that the Connecticut Department of Correction write a regulation for assessing prisoners for the cost of their incarceration In 1997, that mandate was codified into sections 18-85a-1 to 18-85a-4 of the "Regulations of State Agencies: cost …
Garnishment Proceeding Part of Underlying § 1983 Action by The court of appeals for the Seventh circuit held that proceedings to garnish the wages of civil rights defendants against whom judgment has been entered are part of the underlying civil rights actions and district courts retain jurisdiction to enforce the …
Georgia Brutality Suit Settled for $283,500 by In a brief hearing on April 23, 1998, U.S. district judge Harold Murphy finalized an agreement that allowed 14 prisoner plaintiffs and their attorneys to receive $283,500. After approving the settlement judge Murphy was quoted as saying, "The settlement is fair, responsible and …
Georgia DOC Turns to Private Prisons by Alex Friedmann According to a report by the Georgia Board of Pardons and Paroles, by July 2003 the state will have just 42,000 prison beds for a projected 55,000 state prisoners. This imbalance is primarily due to a "two strikes" law that took …
Four Indicted in Videotaped Brazoria Jail Beatings by FBI agents arrested three current and former Brazoria County jailers indicted July 29, 1998, on charges stemming from the infamous videotaped shakedown of Missouri prisoners in the Brazoria County "Rent-A-Jail." The three, Lester Arnold, David Cisneros and Robert Percival, along with former …
Article • October 15, 1998 • from PLN October, 1998
FRCP 12(b)(6) Standard Applied to PLRA Dismissals by The court of appeals for the Fifth circuit held that district court dismissals of prisoner lawsuits for failure to state a claim under 42 U.S.C. § 1997e(c) are subject to de novo review on appeal under the Federal Rules of Civil Procedure …
Failure to Protect in Prison Fight Violates 8th Amendment by Failure To Protect In Prison Fight Violates 8th Amendment In 1994, the duty of guards to protect prisoners in prison fights was clearly established by Farmer v. Brennan, 511 U.S. 825 (1994) according to a federal district court in Texas. …
Article • October 15, 1998 • from PLN October, 1998
Denial of Legal Materials Sent by Relatives Upheld by The court of appeals for the Eighth circuit, sitting en banc, held that Missouri prison officials were entitled to qualified immunity from money damages for denying a prisoner a package of legal materials sent by a relative. The court held it …
Article • October 15, 1998 • from PLN October, 1998
Devil's Island Redux by Devil's Island Redux? Tucked away in the mammoth $238 billion 1997 defense spending authorization bill was a four paragraph section, approved by the House Armed Service Committee, that asked the Pentagon to study the feasibility of imprisoning drug offenders on isolated islands in the Pacific Ocean. …
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