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Article • December 15, 1998 • from PLN December, 1998
Rule 12(b) Dismissal Requires Inability to Prove Claim by The Second Circuit has held that a civil rights claim may only be dismissed under Federal Rules of Civil Procedure 12(b)(6) for failure to state a claim if it is beyond doubt that the plaintiff can prove no set of facts …
Segregated Prisoners Retain Religious Congregation Rights by Prisoners in disciplinary segregation (keeplock) in the Second Circuit have a clearly established right to attend religious services according to a New York federal district court. The court also required the attorney general's office to explain why it should not be sanctioned for …
Article • December 15, 1998 • from PLN December, 1998
SWAT Team Ends Juvenile Center Standoff by SWAT teams were called in to saw through a 3- to 4-inch thick steel door to reach four teens who had barricaded themselves in an office after allegedly leading an uprising at a juvenile detention center. The power saw cut through the door …
Article • December 15, 1998 • from PLN December, 1998
Filed under: Reviews, Media, Prisoner Media
Prison Writing in 20th-Century America (Book Review) by Daniel Burton-Rose H. Bruce Franklin,Editor, Penguin, 1998 by Daniel Burton-Rose Closing a conversation about how hideous and abysmal prisons are these days, the great ex-con sociologist John Irwin remarked to me with a muted note of pleasure which I found somewhat unethical …
Article • December 15, 1998 • from PLN December, 1998
Prisoners' Legal Services of NY Victim of Budget Ax by Dan Pens September 13, 1971 Bloody Monday. New York Governor Nelson Rockefeller unleashes a firestorm of bullets and shotgun blasts into Attica's D-Yard. Eight minutes and 3,000 rounds of ammo later, 29 prisoners and 10 hostages lay fatally gunshot in …
Seventh Circuit Split on Self-Defense in Prison by The court of appeals for the Seventh circuit held that a federal prisoner criminally charged with assault could not assert a defense of self defense when he had the time and opportunity to seek protection from guards. Charles Haynes was a prisoner …
Qualified Immunity No Protection for ADA Injunctive Claims by In the October, 1998, issue of PLN we reported Rouse v. Plantier , 987 F. Supp. 302 (D NJ 1997) which involves a class action lawsuit challenging the adequacy of treatment that diabetic prisoners receive in New Jersey state prisons. In …
Rehabilitation or Corporate Profit by Peaceful efforts, by Alaskan prisoners, on August 30, 1998, to address grievances and concerns repeatedly ignored at the Central Arizona Detention Center, in Florence, Arizona, were mercilessly squashed following a sit down demonstration in the prison exercise yard. What was initially a peaceful, sit-down demonstration …
Article • December 15, 1998 • from PLN December, 1998
RFRA Still Applies to Federal Government by The court of appeals for the eighth circuit held that the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb, still applies to the federal government. In the September, 1997, issue of PLN we reported City of Boerne v. Flores , 117 S.Ct. 2157 …
Texas Prisons Not Immune In Tort Claims Act Suits by A Texas appellate court held that the prison system and its employees are not entitled to common-law immunity, official immunity, or sovereign immunity for a claim under under the Texas Tort Claims Act (TTCA), Texas Civil Practice & Remedies Code …
Texas Prisons Subject to Civil Liability by ATexas appellate court has held that the prison system was subject to liability when a prisoner slipped and fell in a prison butcher shop. Doyle Dean Cobb, a Texas prisoner, filed a state lawsuit under the Texas Tort Claims Act, Texas Civil Practice …
Article • December 15, 1998 • from PLN December, 1998
Blanket Jail Strip Search Policy Unconstitutional by Afederal court in Utah has held that a blanket strip search policy by a jail may be unconstitutional. Kristin Foote, a motorist, was stopped, arrested, and taken to a county jail by two Utah Highway Patrol officers, one of whom was a drug …
Article • December 15, 1998 • from PLN December, 1998
Corrupt Cleveland Cops/Guards Sentenced by In the July 1998 issue of PLN , we reported the arrest of 51 Cleveland area police and jail guards who were lured into an FBI sting with promises of high-paying "moonlighting" jobs as security guards for illegal drug shipments. On August 19, 1998, 49 …
Article • December 15, 1998 • from PLN December, 1998
Court Responsible for Prisoner Access to Teleconference by The Court of Appeals for the State of Wisconsin held that the court is responsible for a pro se prisoner's access to a telephone to attend a court-ordered teleconference hearing. Debra Christie, a Wisconsin prisoner, filed a pro se state petition for …
Article • December 15, 1998 • from PLN December, 1998
Filed under: Organizing
Bay Area Students Protest Prison Spending by About 2,500 high school students from throughout the San Francisco Bay Area left class on Thursday, October 1, 1998 to attend a rally. They converged on a Bayfair train station in San Leandro. From there, protesters marched to an Alameda County Sheriff's Department …
Article • December 15, 1998 • from PLN December, 1998
Consent Decree Termination Requires Fact Finding by Consent Decree Termination Requires Fact Finding The court of appeals for the Eighth circuit held that a district court failed to articulate its reasons for terminating its jurisdiction over a consent decree and remanded the case for an evidentiary hearing and an articulation …
Article • December 15, 1998 • from PLN December, 1998
Bureau of Prisons Transsexual Policy Challenged by Bureau Of Prisons Transsexual Policy Challenged Afederal district court in the District of Columbia held that trans-sexualism is a "serious medical condition" for which prisoners have a constitutional right to treatment. Dee Farmer is a federal prisoner who sued the Bureau of Prisons …
Utah Prison Guard Faces Sodomy Charges by In a bizarre case involving the use of DNA fingerprinting, a 34-year-old Utah prison guard was charged with sexually assaulting two prisoners at the Utah State Prison in Draper. After months of allegedly being forced to perform oral sex on the guard, a …
Article • December 15, 1998 • from PLN December, 1998
Filed under: Organizing
Notes From Other Conference Participants by Notes from Other Conference Participants The conference was many things to many people. Perhaps, its biggest fault was that it tried to be all things to all people. The opening plenary, attended by more than 800 participants, had some inspiring moments. Unfortunately, it trailed …
Article • December 15, 1998 • from PLN December, 1998
Them Today, Us Tomorrow by The state of Idaho has overhauled its sex offender registration program. Offenders must now register upon release or when they move, and annually thereafter. There is a $10 administrative fee (read: tax) charged for the privilege. More significantly, for a nominal fee of $5, any …
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