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Article • August 15, 1998 • from PLN August, 1998
Plaintiffs Must Be Allowed to Present Evidence in PLRA Motions to Terminate Prospective Relief by The court of appeals for the Eighth circuit held that court injunctions limiting jail or prison populations must be dissolved unless findings to justify such relief are entered by a three judge district court. Once …
Los Angeles Jail Death Ruled Homicide by Los Angeles County coroner's investigators revealed in early April that a jail detainee who died in November during a "physical altercation" with seven sheriff's deputies at the L.A. Twin Towers jail was a victim of homicide. The incident occurred on Wednesday, November 26, …
Article • August 15, 1998 • from PLN August, 1998
Filed under: Habeas Corpus, Mail, Legal Mail
Mailbox Rule Applied to Habeas Petitions by The court of appeals for the Third circuit extended the mailbox rule to habeas corpus petitions, holding that habeas petitions are considered filed when given to prison officials for mailing. Donald Burns, a New Jersey state prisoner, gave his federal habeas petitions to …
Article • August 15, 1998 • from PLN August, 1998
MCI Refund to Florida Prisoner Families by Friends and family of Florida prisoners may be entitled to $190,000 worth of free telephone calls under a recommendation issued by the Florida Public Service Commission (PSC). Between February and July 1996, as previously reported in several PLN articles, telephone giant MCI overcharged …
Article • August 15, 1998 • from PLN August, 1998
PLRA Fees Don't Apply to Mandamus by The court of appeals for the tenth circuit held "that this circuit will no longer require mandatory fees under the PLRA for filing petitions for writs of mandamus seeking to compel district courts to hear and decide actions brought solely under 28 U.S.C. …
Article • August 15, 1998 • from PLN August, 1998
PLRA Filing fees Don't Apply to Civil Commitments by PLRA Filing Fees Don't Apply to Civil Commitments: A federal district court in Wisconsin held that the filing fee provisions of the PLRA do not apply to so called "sex predators" civilly committed in detention facilities for "treatment." 28 U.S.C. § …
Article • August 15, 1998 • from PLN August, 1998
PLRA Finding Required for Injunctive Relief by The court of appeals for the Ninth circuit held that district courts must make specific findings under the Prison Litigation Reform Act (PLRA) before granting prospective relief regarding prison conditions and this requirement applied retroactively to cases pending at the time of the …
Jailers Charged in Bribery, Kickback Schemes by Asenior administrator in the Los Angeles County Sheriff's Department and an independent contractor face felony bribery charges involving padded contracts for millions of dollars in jail food. And, in Texas, a McLennan County grand jury indicted a county sheriff's Sgt. on misdemeanor charges …
Article • August 15, 1998 • from PLN August, 1998
Jericho '98 March and Rally by Between 5,000 and 7,000 people gathered in Washington, D.C. on March 27, 1998 to protest the Big Lie: The U.S. has no political prisoners. And like Joshua at the legendary battle of Jericho, the marchers circled the citadel of their foes -- the White …
Article • August 15, 1998 • from PLN August, 1998
Idaho Law Libraries Closed, Pillaged by M.M. Following the lead of Arizona [See: "Experiment in Access" Oct '97 PLN ], the Idaho DOC, on January 19, 1998, revised their method of providing court access to Idaho prisoners. Under the revised policy, the law libraries in Idaho prisons will permanently close. …
Article • August 15, 1998 • from PLN August, 1998
Filed under: PLRA, Filing Fees (PLRA)
Dismissal for Lying About Poverty Affirmed by Dismissal for Lying About Poverty Affirmed: The court of appeals for the seventh circuit held that 28 U.S.C. § 1915(c) requires courts to dismiss cases if applicants for In Forma Pauperis (IFP) status lie about their poverty. Courts have the discretion to make …
Disciplinary Hearing Violations Enjoined by A federal district court entered an injunction in a class action suit which challenged the systematic denial of due process in prison disciplinary hearings. Prisoners at the Statevile Correctional Center in Illinois filed a class action suit claiming they were denied due process under a …
Article • August 15, 1998 • from PLN August, 1998
Filed under: News, News in Brief
News in Brief by Brazil: On May 28, 1998, 22 prisoners were killed by other prisoners at the Barretto Campelo prison. Designed to hold 400 prisoners, the prison held 1,200 at the time of the incident. Police claim the killings occured as a group of prisoners sought to avenge the …
Article • August 15, 1998 • from PLN August, 1998
The Tough-On-Crime Myth: Real Solutions to Cut Crime by Daniel Burton-Rose American penal reform movements have a long and distinguished history: that of middle-class activists working to check the excesses of the centralized state against the underclass. Some of the reformers had good hearts, some didn't. Either way, they're responsible …
Article • August 15, 1998 • from PLN August, 1998
The Rich Get Richer and the Poor Get Prison: Ideology, Class and Criminal Justice by Daniel Burton-Rose Jeffrey Reiman's book is an excellent antidote to The Real War on Crime and The Tough on Crime Myth. First published in 1979 and now in its fifth revised edition, The Rich Get …
Probable Cause Required for Visitor Body Cavity Search by A federal district court in Utah held that prison officials must have probable cause and a valid search warrant before subjecting a prison visitor to a body cavity search. Stana Laughter is married to a Utah state prisoner. Laughter visited her …
Article • August 15, 1998 • from PLN August, 1998
Proof of Administrative Exhaustion Required by Proof of Administrative Exhaustion Required: A federal district court in California held that prisoners filing suit have to provide proof, at the time of filing, that they have exhausted their administrative remedies pursuant to 42 U.S.C. § 1997e(a). "Before he may properly file an …
Risk of Serious Harm States Claim by A federal district court in New York held that jail officials can be held liable for exposing jail detainees to a significant risk of serious harm, whether or not any injury actually occurs. The court also held that jail conditions intended to be …
Article • August 15, 1998 • from PLN August, 1998
STGMU-tized in New Jersey by T.R. On March 4, 1998, approxmately 170 NJ state prisoners were rounded up by the Special Operation Group (S.O.G.) and Internal Affairs, cameras in hand, and shipped to this [Northern State] prison. We were handed a memo signed by the Assistant Commissioner, Howard Beyers and …
Article • August 15, 1998 • from PLN August, 1998
Prisons Promoting Tourism by Alex Friedmann As states spend an increasing amount of their budgets to expand their prison systems they increasingly seek ways to replenish impoverished state coffers. One major source of revenue is tourism, and some states are well-known for their tourist attractions -- such as Disneyworld and …
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