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Article • November 15, 1998 • from PLN November, 1998
Fired SCI Greene Guards Regain Jobs by After months of negotiation with the union, the Pennsylvania DOC agreed to reinstate two guards who were fired from its Greene County prison. George Reposky and Mark Powell were fired and other guards were disciplined in May 1998 for using excessive force against …
Article • November 15, 1998 • from PLN November, 1998
Filed under: News, News in Brief
News in Brief by CA: Effective September 1, 1998, smoking and tobacco possession by prisoners is banned at the California Rehabilitation Center in Norco and 12 state prison reception centers. The tobacco ban was ordered by Governor Pete Wilson as a first step towards ending smoking by prisoners throughout the …
Article • November 15, 1998 • from PLN November, 1998
State Audit Exposes VCE Mismanagement by Aweek after the Island of Dr. Moreau scandal broke, the Virginia Auditor of Public Accounts released an audit of Virginia Correctional Enterprises (VCE) covering the period between July 1, 1996 and May 11, 1998. The report said that VCE posted an operating loss of …
Article • November 15, 1998 • from PLN November, 1998
State Auditor Blasts Texas Correctional Industries by by Matthew T. Clarke The Texas State Auditor has issued a report on Management Controls at Texas Correctional Industries (TCI) concluding that its management controls are so poor TCI cannot fulfill its statutory mandates of training prisoners for post-incarceration jobs and reducing the …
Article • November 15, 1998 • from PLN November, 1998
PLRA Termination Provision Constitutional in Eleventh Circuit by The court of appeals for the Eleventh circuit held that the termination provision of the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626(b)(2), does not violate the separation-of-powers doctrine, the due process clause, nor the equal protection clause of the fifth …
Article • November 15, 1998 • from PLN November, 1998
Successive Texas Habeas Corpus Defined by The Texas Court of Criminal Appeals has held that a state post-conviction petition for a writ of habeas corpus (petition) which does not challenge the prosecution or judgment does not count as a first petition for purposes of the state law restricting successive petitions, …
Segregation Requires Less Due Process by The court of appeals for the Seventh circuit held that prisoners facing only the prospect of disciplinary segregation are entitled to less due process than when the sanction imposed involves the loss of good time credits. The court also questioned, but did not decide, …
Article • November 15, 1998 • from PLN November, 1998
Restorative Justice Booklet Available by Dan Pens Review by Dan Pens Long time readers of PLN know that I have an interest in Restorative Justice. I have reviewed and recommended several publications on the topic. I bring your attention now to a very well-produced and affordable booklet that offers an …
Article • November 15, 1998 • from PLN November, 1998
Texas May Not Retroactively Stop Mandatory Release by The Texas Court of Criminal Appeals has held that Texas cannot reinterpret a law to retroactively deny a state prisoner mandatory release. Randy Sullivan Schroeter, a Texas state prisoner, was convicted of indecency with a child (IWC) in 1994 and sentenced to …
Article • November 15, 1998 • from PLN November, 1998
Texas Prisoners Bake to Death by Alex Friedmann More than one hundred people have died during a searing heat wave in Texas this past summer, including at least three prisoners. Dozens of convicts have been treated for heat-related health problems. "I've been with the system 13 years and this has …
Abuses Continue at Private INS Facility by Alex Friedmann The Immigration and Naturalization Service (INS) continues to experience problems at a privately -operated detention center in Elizabeth, New Jersey. In June 1995 detainees rioted at the facility, which was then run by Esmore Correctional Services. The detainees mostly asylum-seekers who …
Article • November 15, 1998 • from PLN November, 1998
Filed under: Telephones, Telephone Rates
Colorado Supreme Court Holds Utility Commission Lacks Jurisdiction Over Prison Phone Gouging by The Colorado state supreme court held that the state Public Utilities Commission (PUC) had no jurisdiction over the Colorado Department of Corrections (DOC) with regards to inflated phone costs charged to prisoners. Several Colorado state prisoners filed …
BOP Sentence Reduction Granted to Non-Violent Offender by Afederal district court in Oregon granted a federal prisoner's petition for habeas corpus because the Bureau of Prisons (BOP) had wrongly denied him a one year sentence reduction. Kenneth Johnson is a federal prisoner who was convicted of possessing stolen explosives. He …
ADA/RA Apply to Jails and Give Deaf Right to TDD by The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., (ADA) and Rehabilitation Act of 1973, 29 U.S.C. § 794, (RA) apply to jails and require that deaf prisoners be given access to alternate assistance in …
Article • November 15, 1998 • from PLN November, 1998
$28,719 Assessed Against Pro Se Litigant by Afederal district court in Virginia assessed $28,719.25 in defendants' attorney fees against an unsuccessful pro se prisoner litigant but declined to impose Rule 11 sanctions. John McGlothlin, a Virginia state prisoner, filed suit claiming violation of his right to the free exercise of …
Virginia Prisons 'Wide Open to Business' by Dan Pens Slave Labor Meets Hollywood In a warehouse near the Baltimore airport in 1997, California businessman Trek Kelly observed a supplier peeling tags off crates of merchandise. Later he found a tag that had been overlooked. A tag with the words "Virginia …
Article • November 15, 1998 • from PLN November, 1998
Filed under: Organizing, Work Strikes
With Advocates Lke These: Capitulation, Collaboration and CURE-Ohio by Paul Wright In the May, 1998, issue of PLN we reported on the November 1, 1997, statewide work strike in Ohio. The purpose of this article isn't to rehash last year's events but to examine basic questions of advocacy versus activism, …
Youngstown Break-Out Leads to Political, Financial Fall-Out by Alex Friedmann On July 25, 1998 a half-dozen prisoners, including four convicted murderers, cut through two fences and escaped from the CCA-operated Northeast Ohio Correctional Center in Youngstown, Ohio. According to Warden Jimmy Turner the successful break-out was due to errors by …
Article • November 15, 1998 • from PLN November, 1998
Trial Required in Kosher Diet Claim by Afederal district court in Kansas held that a trial was required to resolve disputed issues of material fact in a Jewish prisoner's lawsuit over the denial of a Kosher diet. Jimmy Searles is a Kansas state prisoner. While housed at the Hutchinson Correctional …
Washington Good Time Loss Implicates Due Process by AWashington state appeals court held that prisoners have a due process right to challenge the validity of prior minor infractions at disciplinary hearings that involve the loss of good time for allegedly incurring more than four minor infractions in a six month …
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