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Article • September 15, 1998 • from PLN September, 1998
AEDPA Successive Petitions Clause Not Applicable to Disiplinary Hearings by AEDPA Successive Petitions Clause Not Applicable to Disciplinary Hearings The court of appeals for the fifth circuit held that habeas corpus petitions challenging prison disciplinary hearings that became final after prior habeas petitions challenging a criminal conviction have become final, …
Article • September 15, 1998 • from PLN September, 1998
$1,000 Awarded in Denial of Dental Care in TX by On July 14, 1997, federal magistrate Judith Guthrie held that Texas prison dentists were deliberately indifferent in refusing to provide dental care to a prisoner. Following a bench trial magistrate Guthrie awarded the plaintiff $1,000 in damages. Garmon Coats, a …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Civil Procedure, Damages
$13,501 Jury Award in Seg Case Affirmed; New Trial Denied by A federal district court in Pennsylvania denied defendants' motion for a new trial or to remit a jury's damage award of $13,501 to a wrongfully segregated prisoner. Jerry Wilson, a federal prisoner awaiting sentencing at a city jail, was …
Article • September 15, 1998 • from PLN September, 1998
Washington Felon Voting Suit Proceeds by In the October, 1997, issue of PLN we reported Farrakhan v. Locke , a lawsuit challenging the felon disenfranchisement provisions of the Washington state constitution which prohibit convicted felons from voting. The defendants filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6), arguing the suit …
Two Year Limitations on Illinois § 1983 Suits by The court of appeals for the seventh circuit held that a district court erred in dismissing a prisoner's lawsuit because it had miscalculated the statute of limitations. The court also held that 28 U.S.C. § 1915(g), the "Three Strikes" provision of …
U.S. Supreme Court Reverses Reed by In the July, 1998, issue of PLN we reported Reed v. State Ex Rel Ortiz , 947 P.2d 86 (NM 1997) where the New Mexico state supreme court affirmed a lower court ruling that granted asylum to former prison activist Timothy "Little Rock" Reed. …
Article • September 15, 1998 • from PLN September, 1998
ADA Roundup by After the U.S. Supreme Court granted review in Yeskey v. Pennsylvania DOC to decide whether the Americans with Disabilities Act (ADA) applied to state prisoners we stopped running articles on the ADA until the supreme court resolved this important question. Below are cases that were decided before …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Reviews, Organizing
The Razor Wire by Paul Wright The Razor Wire is a 24 page bi-monthly tabloid published by the November Coalition. Its focus is on federal drug policy issues, specifically mandatory minimums and sentencing issues. A grassroots movement, the November Coalition encompasses prisoners, their families, as well as academics and other …
Article • September 15, 1998 • from PLN September, 1998
Three Strikes Doesn't Apply to Pending Cases by Three Strikes Doesn't Apply to Pending Cases: The court of appeals for the Tenth Circuit held that 28 U.S.C. § 1915(g), which prohibits In Forma Pauperis (IFP) status for prisoners that have had three prior suits dismissed as frivolous, does not apply …
Whitewash in Greene County by Mumia Abu-Jamal "There's an atmosphere created by (prison officials) in which this kind of thing has been going on for years. The attitude is, 'you're in Greene County now, boy.'" -- Randy Gauger, PA Prison Society, Eayette-Greene Chapter, ( PGH Post-Gazette , 4/26/98) Ahandcuffed man …
U.S. Supreme Court Rules That ADA Applies to Prisoners by Paul Wright By Paul Wright On June 15, 1998, a unanimous United States supreme court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, applies to prisoners. In doing so the court resolved a split between the …
Article • September 15, 1998 • from PLN September, 1998
Zero Tolerance Drug Policy in New Jersey by New Jersey Corrections authorities began a "zero tolerance" policy in May, 1998. Under the new policy, prison staff are cracking down on prisoners who use drugs or alcohol by taking contact visits as punishment according to an article published by the Associated …
Article • September 15, 1998 • from PLN September, 1998
From the Editor by Paul Wright PLN 's book, The Celling of America , (TCOA) continues to do well. The first print run of 3,000 copies was sold out by June, less than three months after its official release date of March 1, 1998. All publications that have reviewed TCOA …
Brief • September 9, 1998
Ashford v. District of Columbia, DC, Court Order Denying Motion for Counsel and Summary Affirmance, 1998 ~nite.o ~tates ([ourt of J\pp£als FOR THE DISTRICT OF COLUMBIA CIRCUIT v. District of Columbia, a municipal corporation, et aI., Appellees BEFORE: ~U.319B· Wald, Snberman, and Henderson·, Circuit Judges ORDER Upon consideration of the …
Brief • September 7, 1998
Landberg Tort Claim Disability Discrimination 1998 STANDARD TORT'CLAIM FORM .. . . Pw_1D RCW 4.92. tbiI II. Iided k.YQUf ccm;veaJaa wba miDI au. Jaim apinu the State of . - ,WutiDP'L It SIble • claim iaYotriDIlil ICCidcDt wiCla • vebide opeIltlDd by . . . eaapla)u. pScue QJ"lIhee • StaadUII …
Brief • September 1, 1998
Lee v. Singletary, FL, Appeal Brief, Prisoner Transport Black Box Handcuffs, 1998 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT CASE NO. 97-3428 WILLIAM L. LEE, et al., Plaintiffs - Appellants, vs. HARRY K. SINGLETARY, et al., ) ) ) ) ) ) ) ) Defendants - …
Oregon Guard Pleads Guilty to Perjury by Aformer Oregon prison corporal pleaded guilty to one count of perjury on April 17, 1998, after prosecutors offered to downgrade the felony perjury charge to a misdemeanor. The guard, Cpl. Ronald Robertson, 32, was sentenced to two days in jail and 36 months …
Article • August 15, 1998 • from PLN August, 1998
Mock Prison Riot Staged by On April 25 and 26, 1998, there was a weekend-long riot at the old West Virginia State Penitentiary. This wasn't your typical prison riot, though. First of all, it was anything but spontaneous. Rather, the two-day event was meticulously planned, and carried out by prison …
Article • August 15, 1998 • from PLN August, 1998
Notes from the Unrepenitentiary by Laura Whitehorn On June 1, Rosalind Simpson Moore-Bey died at home in Washington, D.C. To anyone who has passed through the D.C. Jail or CTF (Central Treatment Facility), Roz's name is not only familiar it is well-known. Her name is known, as well, to many …
Article • August 15, 1998 • from PLN August, 1998
NJ Prisoners Refuse to Swallow PINs by Approximately two years ago, the entire NJ prison system switched to an "automated call" phone system. Despite a predicted hike in costs to family and friends of prisoners, very few prisoners objected in a short-lasting boycott. On September 15, 1997, the prison population …
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