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Tennessee Prison Privatization Bill Fails to Pass by Alex Friedmann Adramatic confrontation between the private corrections industry and opponents of prison privatization played out in Tennessee earlier this year, ending in an embarrassing defeat for the prison profiteers. Similar struggles can be expected in other states as privatization continues to …
Bivens Action is Not Time Barred When in Compliance With Rule 3 by Afederal court of appeals reversed a district court's dismissal of a wrongful death complaint filed by the mother of a federal prisoner, Shelia Moore. Moore was put in an administrative segregation cell on suspicion of taking an …
Article • September 15, 1998 • from PLN September, 1998
Court Refunds PLRA Deferred Fee Overpayment by A federal court in Illinois has held that neither prison officials nor the courts have the statutory authority to take more than 20% of a prisoner's monthly income to satisfy deferred filing fees under the PLRA. James Higgason, an Illinois prisoner, filed suit …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Reviews, Court Access
Criminal Law by Paul Wright Criminal Law is an 809 page book designed for criminal justice personnel, judges, prosecutors, police, etc. The book is extremely useful for anyone seeking a basic understanding of substantive criminal law. It does not deal with criminal procedure. With extensive state and federal case citations …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Organizing
Critical Resistance Conference by Critical Resistance: Beyond the Prison-Industrial Complex is a national conference and strategy session that will occur at the University of California in Berkeley, September 25-27. There is still time for outside activists to register to attend the conference. If you are among the 1.8 million who …
Article • September 15, 1998 • from PLN September, 1998
Allan Ellis' Federal Prison Guidebook by Paul Wright Allan Ellis' Federal Prison Guidebook is a 312 page book that gives a detailed rundown of federal Bureau of Prisons (BOP) facilities. Alan Ellis is a California attorney who specializes in the pre-sentence and post conviction representation of federal prisoners. He is …
An End to Silence by Paul Wright An End to Silence: Women Prisoners' Handbook on Identifying and Addressing Sexual Misconduct is a 67 page booklet published by the National Women's Law Center. The booklet is designed for women prisoners, their advocates, prison officials and attorneys. It contains chapters on recognizing …
Article • September 15, 1998 • from PLN September, 1998
Cigarette Health Hazards by Paul Wright Cigarette Health Hazards: The January 14, 1998, Volume 279, No. 2, issue of the Journal of the American Medical Association (JAMA) contains an article on the risks of cigarette smoke in increasing the risk of heart disease. Title "Cigarette Smoking and Progression of Athero …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Reviews, Court Access
Connecticut Prisoner Rights by Paul Wright Connecticut Prisoner Rights is a brand new 232 page book produced by the Connecticut Civil Liberties Union and the Jerome Frank Legal Services Organization of Yale Law School. A group effort by Peter Stern and numerous other law students and attorneys, the end result …
California Guard Gets Prison in Child Molester Attacks by Willie Wisely by W. Wisely Jose Ramon Garcia, 42, was sentenced to four years and eight months in prison for soliciting Pelican Bay prisoners to assault alleged child molesters. The former prison guard's April sentencing in Del Norte County Superior Court …
Cases of Interest From the U.S. Supreme Court's 1997-98 Term by Forfeitures: In a federal criminal case the supreme court held that the Excessive Fines clause of the Eighth amendment prohibits "grossly disproportionate" forfeitures of funds. The court held that forfeitures are "fines'' if they are punishment for a crime. …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Reviews, Court Access
Briefs of Leading Cases in Corrections by Paul Wright Briefs of Leading Cases in Corrections is a 268 page book by Rolando Del Carmen, Susan Ritter and Betsy Witt, which gives a summary and synopsis of 113 United States supreme court cases dealing with prisons, jails, probation, parole, the death …
CA ADA/RA Injunction Affirmed by In the September, 1997, issue of PLN we reported Armstrong v. Wilson , 942 F. Supp. 1252 (ND CA 1996) where a federal district court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § …
Article • September 15, 1998 • from PLN September, 1998
CA Death Row Decree Ended by CA Death Row Decree Ended: A federal district court in California upheld the constitutionality of 18 U.S.C. § 3626 and terminated a consent decree that governed numerous conditions of confinement for death row prisoners at San Quentin. Shortly after the PLRA's enactment in 1996 …
ADA and RA Suits Not Barred by 11th Amendment by The court of appeals for the ninth circuit held that the eleventh amendment does not bar suits under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131, or the Rehabilitation Act (RA), 29 U.S.C. § 794. Developmentally disabled prisoners …
ADA Applied to AR Jail by In the first ruling out of the eighth circuit on this issue, a federal district court in Arkansas held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to state correctional facilities. …
ADA Applies to State Prisons by A federal district court for Pennsylvania held that the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101-12213, applies to state prisons. This is the second recently published opinion in this case. The first, Saunders v. Horn , 959 F.Supp. 689 (ED …
ADA/RA Apply to FL Prison Gain Time Issues; Suit Settled by ADA/RA Apply To FL Prison Gain Time Issues; Suit Settled A federal district court in Florida held that the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C § 12101 et seq., and Rehabilitation Act of 1973 (RA), 29 …
Administrative Exhaustion by Administrative Exhaustion: A federal district court in California held that prisoners filing suit under 42 U.S.C. § 1983 must first exhaust administrative remedies under 42 U.S.C. § 1997e(a). A California prisoner sued for money damages and declaratory relief after he was removed from a prisoner advisory council. …
Administrative Exhaustion Still Required by Administrative Exhaustion Still Required: A federal district court in New York dismissed a prisoner's suit due to the plaintiff's failure to exhaust administrative remedies under § 1997e(a). Anthony Soto, a New York state prisoner, filed suit claiming prison officials failed to protect him from attack …
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