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Article • July 15, 1998 • from PLN July, 1998
FBI Law Enforcement Sting Nabs 53 in Ohio by FBI Law Enforcement Sting Nabs 53 In Ohio In February, 1998, a federal grand jury indicted 53 Cleveland area people as a result of an FBI sting operation where federal agents posed as drug kingpins and hired police, county jail guards, …
Article • July 15, 1998 • from PLN July, 1998
Filed under: News, News in Brief
News in Brief by AZ : On March 17, 1998, Michael Garvey, executive director of the Arizona Board of Executive Clemency was fired for sexually and racially harassing employees. Francine Williams, a former board employee, filed suit claiming Garvey had repeatedly and frequently made sexually offensive and suggestive remarks. Williams, …
Article • July 15, 1998 • from PLN July, 1998
PLRA Three Strikes Ruling Vacated by In the February, 1997, issue of PLN we reported Lyon v. Vandekrol , 940 F. Supp. 1433 (SD IA 1996) where a federal district court held that 28 U.S.C. § 1915(g), section 804 of the PLRA, violates the equal protection clause of the U.S. …
Presence of Prison Rape in Utah Denied by Julia Lutsky Early in 1996 Utah's Legislature mandated that state prison hospitals achieve national accreditation. Consequently, the National Commission on Correctional Health Care (NCCHC) was given a three-day review of Utah prison medical records and a tour of Utah prisons, including interviews …
Right to Psychiatric Care Clearly Established by The court of appeals for the sixth circuit held that prisoners' right to psychiatric care was clearly established and prison psychiatrists who failed to properly treat a suicidal prisoner were not entitled to qualified immunity from money damages. Anthony Wade was a mentally …
Seg Conditions Analyzed for Sandin Purposes by Building on prior recent decisions, the court of appeals for the second circuit held that district courts must analyze segregation conditions when determining whether prisoner plaintiffs have a federal due process liberty interest in remaining free from such confinement. Thomas Wright, a New …
Article • July 15, 1998 • from PLN July, 1998
Prisoner 'Stress Response Syndrome' Described by Dan Pens The Prison Litigation Reform Act (PLRA) and related court rulings have raised imposing obstacles to prison civil rights litigation, effectively gutting class action claims against overcrowding and other conditions of confinement. Increasingly, courts require a showing of how such conditions are violating …
Article • July 15, 1998 • from PLN July, 1998
Seventh Circuit Upholds Constitutionality of Physical Injury Requirement by The court of appeals for the seventh circuit upheld the constitutionality of section 803(d) of the Prison Litigation Reform Act (PLRA) which limits money damages to only those cases involving physical injury. Several Indiana state prisoners filed suit under the Eighth …
Sexual History Evidence Limited in Rape Suit by Afederal district court in New Mexico held that private prison officials were limited in what questions they could elicit about a prison rape victim's sexual history. Tanya Giron is a prisoner who was forcibly raped by private prison guard Danny Tor2ez while …
Behind Closed Doors: Struggle in Washington IMU's by Jennifer Vogel In the "Intensive Management Unit" at the state prison in Shelton, WA a man who looks to be in his 50s is wearing an orange plastic rain jacket and pacing the parameter of the "yard." The yard is really just …
Article • July 15, 1998 • from PLN July, 1998
Criminal History Inadmissable for Impeachment by In a ruling useful to prisoner litigants whose claims go to trial, a federal district court in New York gave a detailed discussion on the limits of using prior criminal history to impeach the testimony of felon witnesses. While not involving prison or jail …
Article • July 15, 1998 • from PLN July, 1998
Another Florida Gain-Time Statute Unconstitutional by In a 5-2 decision the Supreme Court of Florida held that a recently enacted statute requiring the mandatory abrogation of state prisoners' right to earn "incentive gain-time"1 for up to six months following prison disciplinary convictions, was an unconstitutional ex post facto law, as …
Article • July 15, 1998 • from PLN July, 1998
8th Circuit Orders BOP Sentence Reductions by Joining the third and ninth circuits, the eighth circuit court of appeals held that a BOP program statement denying sentence reductions to non violent drug offenders was contrary to the purpose of 18 U.S.C. § 3621(e)(2)(B), an early release statute which allows a …
Article • July 15, 1998 • from PLN July, 1998
Consent Decree Termination Upheld by In the June, 1997, issue of PLN we reported Inmates of Suffolk County Jail v. Sheriff of Suffolk County , 952 F. Supp. 869 (D MA 1997) in which a federal district court in Massachusetts upheld 18 U.S.C. § 3626, the PLRA provision which allows …
California Whistleblowers Silenced, Punished by Two California prisoners, suspected of tipping reporters to a controversial story inside the R.J. Donovan Correctional Facility near San Diego, were placed in administrative segregation (aka "the hole") and later transferred to other prisons. A San Diego television station reported in September, 1997, that workers …
Article • July 15, 1998 • from PLN July, 1998
$350,000 Awarded in Ohio Prisoner Death by $350,000 Awarded In Ohio Prisoner Death Sybil Norris, 29, was doing a six-month stretch for shoplifting at the Ohio Reformatory for Women when she died, needlessly, of an asthma attack. Two years later, in December 1997, the Ohio Court of Claims awarded $350,000 …
Washington Child Support Minimum Struck Down by The Washington state court of appeals, Division I, held that RCW 26.19.065, which requires a statutory minimum child support payment of $25 per month, violates federal law and the supremacy clause. David Gilbert, a Washington state prisoner, was court ordered to pay $25 …
Article • July 15, 1998 • from PLN July, 1998
Truth Takes a Holiday in Virginia DOC Press Release by Virginia state prisons chief Ron Angelone announced in July, 1997, that he would drop his blanket ban on reporters entering prisons for face-to-face interviews with prisoners, but said reporters would still not be allowed into 10 of Virginia's 52 state …
U.S. Supreme Court Rejects Heightened Pleading Standards for Intent Based Claims by Paul Wright By Paul Wright On May 4, 1998, the United States supreme court held that civil rights plaintiffs do not have to meet a heightened standard of pleading when filing suit against government officials. Lawsuits alleging an …
Article • July 15, 1998 • from PLN July, 1998
Filed under: Organizing, Censorship
Wisconsin Joins the Control-Unit Fraternity by Wisconsin Joins The Control-Unit Fraternity On the morning of December 17, 1997, as thirty protesters gathered in a parking lot in Boscobel, a small farm town isolated in the rural southwest corner of Wisconsin, police squad cars wheeled into the lot. Sheriff's deputies informed …
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