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Wisconsin Transfers Spark Protest by On Sunday June 28, 1998, prisoners at the Fox Lake Correctional Institution staged a protest against the scheduled transfer of 160 Wisconsin prisoners to a private prison in Oklahoma. According to eye-witnesses, about 155 prisoners refused orders to return to their cells from a recreation …
Article • October 15, 1998 • from PLN October, 1998
The Buck Stops Where? by Alex Friedmann When Georgia prisoner Stanley Reed filed a federal habeas petition in January 1997 he probably didn't expect the response he received: The warden refused to answer the petition, raising the possibility that Reed might be released by default. The reason? Reed, although a …
UNICOR Worker Receives $928.32 for Lost Hand by The court of appeals for the Seventh Circuit held that a prisoner could bring a Bivens claim separate from any claim brought under a workers' compensation scheme. However, because the evidence of the prison officials' failure to protect did not rise to …
Article • October 15, 1998 • from PLN October, 1998
Utah Porn Ban Rescinded; Suit Settled by In 1997 Utah prison officials wrote a policy which prohibited prisoners in that state from ordering, receiving or possessing any written or printed materials that contained "sexually explicit materials." The policy also prohibited prisoners from receiving or possessing any written or printed materials …
Berton v. District of Columbia, Complaint, No Due Process, 1998 \~l i"~ SUPERIOR'LOURT OF THE DISTRICT OF C~8tJMBIA CIVIL DIVISION ?:'.,:,y.'" --~~" ~-", BERNARD E. BERTON, Jlt.~~"­ DCDC Number 146-447 POst Office Box 85 Occoquan Facility Lorton, Virginia 22199 (\( "\(p ~\ Plaintiff CIVIL ACTION us. (;; DISTRICT OF COLUMBIA, …
Brief • October 5, 1998
Logan v. District of Columbia, DC, Complaint, Prisoner Assault, 1998 SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Ciyil Bivision ~C~~:o~ce ~ G\fJ''f:. K£DN LOGAN acne #277-141 Distri.ct of Columbia Department of Corrections C\~ ~. ,~,~ ~~ ~~;~ ·01. ~"V.'ge~ c). 0\ GO'; '0~ Plaintiff, DISTRJCT OF COLUMBIA GOVERNMENT ?Y1unicipal Corporation …
Brief • September 23, 1998
Filed under: False Arrest
Riggio v. Bank of America, CA, Complaint, False Arrest, 1998 1 Anthony Boskovich, No. 121198 2 Law Offices of Anthony Boskovich 28 N. First Street, 6th Floor 3 San Jose, California 95113-1210 4 (408) 286-5150 5 Attorney for plaintiff GARY RIGGIO 6 7 8 IN THE DISTRICT COURT OF THE …
Article • September 15, 1998 • from PLN September, 1998
MI Prison "Fee" Law Preempted by ERISA by Afederal district court in Michigan held that the State Correctional Facility Reimbursement Act (SCFRA), Mich.Comp.Laws.Ann. § 800.401 and Mich.Stat.Ann. § 28.1701, is preempted by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1000, which prevents the state from seizing pension …
No Immunity for Abestos Exposure; Toxic Water Claim Remanded by The court of appeals for the second circuit held that prison officials are not entitled to qualified immunity for exposing a prisoner to airborne asbestos. The court also held that a prisoner plaintiff was entitled to present evidence that a …
Article • September 15, 1998 • from PLN September, 1998
Kansas Prisoners Entitled to Notice of Prison Rules by The Kansas state court of appeals held that Kansas prisoners have a due process liberty interest in their good time credits and are entitled to notice of prison rules before they can be punished for violating them. Xuan Hiep Le is …
Legislative Immunity For Local Jail Budget Votes by The Eleventh Circuit has held that county commissioners are entitled to absolute legislative immunity for failing to adequately fund a jail, thereby causing inadequate jail conditions Current and former Alabama jail prisoner plaintiffs sued alleging overcrowding, inadequate medical care and medical facilities, …
Article • September 15, 1998 • from PLN September, 1998
Illinois Suing Prisoners for Cost of Incarceration by Illinois prisoner Kenneth Williams has spent much of the last 12 years working in the Stateville Correctional Center tailor shop sewing prison pants, coats, jumpsuits and shirts. As a result of the job, Williams has saved about $5,000. Money he says he'll …
Dismissal for Incompetent Appointed Lawyer Reversed by The court of appeals for the seventh circuit held that district courts should not dismiss cases for want of prosecution where court appointed counsel is plainly incompetent. Lawrence Dunphy, an Illinois state prisoner filed suit claiming prison officials violated his eighth amendment rights …
Article • September 15, 1998 • from PLN September, 1998
Fee Payment Orders Not Immediately Appealable by Fee Payment Orders Not Immediately Appealable: The court of appeals for the Fifth Circuit held that district court orders requiring partial payment of filing fees under the PLRA cannot be appealed prior to the entry of final judgment. Kirk Thompson, a Texas state …
Article • September 15, 1998 • from PLN September, 1998
Filed under: News, News in Brief
News in Brief by AZ : In July, 1998, a jury acquitted Bruce Howell, a Perryville prisoner, of murder and all charges but one related to the killing of prison guard Brent Lumley. Howell faces a second trial on a single charge of deadly assault by a prisoner. AZ : …
Article • September 15, 1998 • from PLN September, 1998
Sixth Circuit Requires Administrative Exhaustion by The court of appeals for the sixth circuit ruled that all prisoners filing § 1983 actions involving prison or jail conditions must allege, and prove, they have exhausted administrative remedies and a failure to do so will result in the dismissal, without prejudice, of …
Article • September 15, 1998 • from PLN September, 1998
Pro Se Tips and Tactics by John Midgley Pro Se Tips And Tactics by John Midgley Arecent Supreme Court decision, Crawford-EI v. Britton , 118 S.Ct. 1584 (1998), highlights some issues of importance for prisoners doing pro se cases. Crawford-El , which was summarized in detail in the July 1998 …
Article • September 15, 1998 • from PLN September, 1998
Publications Lawsuit Settled in Alabama by Cayce Moore On February 28, 1998, U.S. district judge U.W. Clemon approved the final settlement in a lawsuit challenging a year of blanket censorship at Donaldson Correctional Facility (DCF), Alabama's highest security prison. In March, 1997, DCF warden Steve Dees implemented a policy that …
Strip Searched Massachusetts Women Settle Suit for $80,000 by On December 12, 1997, the Massachusetts DOC settled a lawsuit filed by women prisoners for a total of $80,000 plus attorney fees. The class action suit was filed in Suffolk county superior court on behalf of 112 female prisoners by Massachusetts …
Struggling Against the Death Machine by Dan Pens Imagine your entire life concentrated within one tiny cage. Twenty-four hours, by seven days, times three-hundred sixty-five. The state of Pennsylvania owns the cage. Everything you own, everything you do, is squeezed into that suffocating space. There is nothing else. The State …
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