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Fifth Circuit Expands Qualified Immunity Defense by In a lengthy opinion which may have dire consequences for prisoners seeking to resist qualified immunity defenses, the Fifth Circuit held that city jail guards had a duty, which was clearly established in 1989, to protect prisoners from suicide. However, the court also …
FL DOC Violates Individuals with Disabilities Education Act by Afederal district court in Florida held that § 944.801(4), Fla. Stat. (1997), which permits prisoners under 22 years of age, who qualify for special educational services and programs pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415, …
Article • October 15, 1998 • from PLN October, 1998
Filed under: News, News in Brief
News in Brief by AZ : In early 1998, 16 DOC guards were fired or quit for sexually harassing other employees or engaging in sexual misconduct with other employees at the Florence prison complex. Eight other guards were disciplined. The misconduct included guards having sex with each other in towers; …
Article • October 15, 1998 • from PLN October, 1998
Filed under: Reviews, Media
Book Review: Project Censored: The News That Didn't Make the News by Paul Wright Washington on $10 Million a Day: How Lobbyists Plunder the Nation by Ken Silverstein. Common Courage Press Project Censored: The News That Didn't Make the News, by Peter Phillips and Project Censored. Seven Stories Press. Prison …
Article • October 15, 1998 • from PLN October, 1998
From the Editor by Dan Pens Not too long ago I viewed two one-hour Nightline prime-time specials back-to-back. The first hour featured non-stop spin control about the day's Tomahawk cruise missile attacks on "terrorist camps" in Afghanistan and (most mind-boggling of all!) a pharmaceutical factory in Sudan. Just weeks before, …
Private Health Care Providers Denied Qualified Immunity by Afederal district court in Alabama held that private party doctors and health care providers are not entitled to qualified immunity when sued by prisoners for Eight Amendment violations. The court further held that the existence of an on-going class action involving similar …
Sandin Analysis Hinges on Punishment Actually Imposed by The court of appeals for the Second circuit held that an analysis of whether due process is required for disciplinary hearings where segregation was imposed as punishment will turn on the punishment actually imposed, not the potential penalty. The court also held …
Article • October 15, 1998 • from PLN October, 1998
Prisoner Attendance at Depositions Discussed by The court of appeals for the Sixth circuit held that a district court erred when it issued an order permitting a prisoner plaintiff to attend the pretrial deposition of prison officials conducted by his lawyer. In doing so, the court set forth standards lower …
Article • October 15, 1998 • from PLN October, 1998
Serious Crime Down Again by For the sixth year in a row, serious crime rates fell during 1997, particularly in the Northeastern states, and big cities, according to recent Justice Department figures. In a survey of 16,000 city, county and state agencies, the overall rate of serious crime fell by …
Sign Language Interpreters Required in Missouri by Sign Language Interpreters Required In Missouri The federal district court in Missouri granted a deaf prisoner injunctive relief and partial summary judgment for prison officials' failure to provide a sign language interpreter at disciplinary hearings, routine medical visits, classification hearings, and educational programs. …
Article • October 15, 1998 • from PLN October, 1998
Filed under: Work, Prison Industries
Texas State Symbol Sewn by Slaves by Designers of the Texas state flag meant for its red, white and blue colors to represent bravery, loyalty and purity. But the flag of the Lone Star state also represent modern-day prison slavery. For more than 20 years, female prisoners at the Hilltop …
Article • October 15, 1998 • from PLN October, 1998
Loompanics Unlimited by Paul Wright Loompanics modestly bills itself as "the best book catalog in the world." If it's not the best it is certainly the most diverse, having all the books you've heard about but probably haven't seen in the neighborhood bookstore. Loompanics is a publisher and vendor that …
Corcoran Prison Sex, Lies, and Videotape by Willie Wisely by W. Wisely Iheard yelling and screaming. I heard batons hitting," Connie Foster told California lawmakers at a joint legislative hearing into brutality at Corcoran prison July 28, 1998. Foster, who worked at the prison from 1987 to 1996, spoke quietly …
Arizona DOC Paralegal Fraud: Law Libraries Closed, Replaced by Scam Artists by Dan Pens One year ago this month, PLN reported that 34 Arizona prison law libraries were permanently closed and replaced with visiting paralegals under contract with the state. [See: "Experiment in Access: Law Libraries Eliminated in Arizona Prisons" …
Article • October 15, 1998 • from PLN October, 1998
Arizona Paralegals Obstruct Court Access by by [AZ prisoner, name withheld by request] The elimination of Arizona prison law libraries is an experiment that other states (and the courts) are watching. Does the contract paralegal system work? And does it provide constitutionally adequate access to the courts? After one year …
Alabama Counties Not Liable for Jail Conditions by The court of appeals for the eleventh circuit, sitting en banc, held that Alabama counties cannot be held liable for the operation of county jails. In doing so the court overturned prior circuit precedent on this issue. Phillip Turquitt was killed by …
Amnesty International Seeks Human Rights Abuse Info by Amnesty International Seeks Human Rights Abuse Info Amnesty International (A.I.) is working on a comprehensive report on human rights in the United States, inclusive of prisons, jails, and immigration detention centers. The primary purpose of this report is to document where there …
Anatomy of a Whitewash by Mumia Abu-Jamal "Authority is never without hate" --Euripides In a decision that was as remarkable as it was predictable, the Greene County DA, David Pollock, announced his office would take no criminal action against prison guards who were viewed on videotape, "roughing up" men in …
Article • October 15, 1998 • from PLN October, 1998
California Lifers Covered by Tolling Statute by The court of appeals for the Ninth circuit held that California prisoners serving sentences of life with the possibility of parole fall within California Civil Procedure Code § 352(a)(3), which tolls the statute of limitations for persons "in execution under the sentence of …
Trial Required in New Jersey Diabetic Care Suit by Afederal district court denied New Jersey prison authorities their motion for summary judgment against diabetic prisoners' class action suit under 42 USC § 1983. The prisoners' complaint was that the medical care provided by the Adult Diagnostic and Treatment Center (ADTC) …
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