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Youth in Washington Prisons Challenge Lack of Education by David C Fathi by David C. Fathi Youth incarcerated in the Washington Department of Corrections (WDOC) are challenging the state's failure to provide them with basic and special education, as required by state and federal law. The lawsuit, Tunstall v. Bergeson …
Transgender Treatment Questioned by The court of appeals for the seventh circuit issued a ruling that prisoners suffering from gender dysphoria (i.e., transexualism) are not entitled to curative treatment under the eighth amendment. The ruling is extremely unusual in that it comes as an "advisory opinion." A long standing judicial …
Article • July 15, 1998 • from PLN July, 1998
Where International Law Ain't Law by Mumia Abu-Jamal The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. One of the first duties of government is to afford that protection. . . Marbury v. …
Article • July 15, 1998 • from PLN July, 1998
From the Editor by Paul Wright We would like to thank Youth Emergency Services in Texas for awarding PLN a $1,000 grant with which to do sample mailings. We would also like to thank an East coast prisoner, who prefers to stay anonymous, for his donation of $500 so we …
Brief • July 10, 1998
Filed under: Accidents
Martin v. WA DOC, WA, Complaint, Cargo Accident, 1998 4&~"""'" \~ * . f" -~ . _.~ :CEtVED SO JUL 1 0 1998 \() 1 ,----_._-_._--_. '-"---'" . FILED RECEIVED Office of the Attorney General r.\ .JUN I R IS03-"! JUL 15 98 Vancouver Office 2 3 , IN TIlE …
Brief • July 1, 1998
Burrell v. City of New York, Complaint, NY, Assault by Staff, 1998 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------x VERNON BURRELL, Plaintiff, FIRST AMENDED COMPLAINT 98 Civ. 2673 (SHS) - against THE CITY OF NEW YORK, NOEL MARCED and JOHN DOE 1, the name being unknown and …
Brief • June 24, 1998
Filed under: Religious Freedom
Kikumura v. US, CO, Complaint, Denial of Religious Rights, 1998
Article • June 15, 1998 • from PLN June, 1998
PA County Medical Co-Payment Constitutional by The court of appeals for the third circuit held that a program charging prisoners a small ($3-$5) fee when they sought medical care, is not per se unconstitutional, nor as implemented, under the eighth amendment. The court further held that the program is not …
Article • June 15, 1998 • from PLN June, 1998
Michigan's Parole Amendments Constitutional by The court of appeals for the Sixth Circuit held that the 1992 amendments to Michigan's parole laws, that postpone initial mandatory review hearings for certain state prisoners and reduce the frequency of subsequent mandatory parole hearings, do not violate the Ex Post Facto Clause of …
Mis-Managed Health Care in Texas Prisons by In 1993, Texas state prisons over-flowed with 70,000 prisoners. But the state was nearing completion of a $1.5 billion prison construction program that would more than double the number of state prisons. State Comptroller John Sharp appreciated what few Texans knew: the $1.5 …
New York Prisoner Awarded $56,000 for Beating by U.S. Magistrate Judge Daniel Scanlon (Northern District, NY) ordered two guards at the Clinton Correctional Facility (CCF) in Dannemora, NY, to pay $56,000 in compensatory punitive damages to former CCF prisoner Nelson Cay to punish them for their "sadistic and savage beating" …
Article • June 15, 1998 • from PLN June, 1998
Parolee Must Receive Morrissey Hearing by A parolee who is convicted of a new crime has a due process right to a parole revocation hearing that fulfills all six requirements of accurate fact-finding set out in Morrissey v. Brewer , 408 U.S. 471, 92 S.Ct. 2593 (1972). William John was …
Pelican Bay Cellie Slayings by Felipe Cruz, more than seven years into a 17-to-life sentence for second degree murder out of L.A. County, was found unconscious in his Pelican Bay SHU cell on the morning of November 1, 1997. He was taken to a local hospital, where he was pronounced …
PLN Writer Exiled by CCA by PLN Writer Exiled by CCA Alex Friedmann is a prisoner and a journalist. Until recently he also warmed a for-profit bunk at the Corrections Corporation of America's (CCA) South Central Correctional Facility in Clifton, Tennessee. That is, until his corporate warders decided that Alex …
Article • June 15, 1998 • from PLN June, 1998
Filed under: PLRA, Filing Fees (PLRA)
PLRA Filing Fee Provisions Not Retroactive by The court of appeals for the fourth circuit held that the provisions of the Prison Litigation Reform Act (PLRA) that require prisoners filing civil actions or appeals in forma pauperis (IFP) to ultimately pay the filing fees in full, do not apply retroactively. …
Involuntary Medical Experiments Violate Due Process by The court of appeals for the ninth circuit held that doctors who administer drugs without a patient's consent for research purposes violate the right to substantive due process. The court also held that fact questions existed which precluded summary judgment. Charles Johnson was …
Article • June 15, 1998 • from PLN June, 1998
Delay in Medical Treatment States Claim by The court of appeals for second circuit held that a district court erred when it dismissed as frivolous a prisoner's claim that his eighth amendment rights were violated when a leg injury was misdiagnosed and treatment delayed. Allen Hemmings was being held in …
Human Rights Watch Condemns Indiana Control Units by Daniel Burton-Rose In October, 1997 the international human rights organization Human Rights Watch (HRW) released Cold Storage: Super-Maximum Security Confinement in Indiana , a report on the Maximum Control Facility at Westville and the Secured Housing Unit at the Wabash Valley Correctional …
Article • June 15, 1998 • from PLN June, 1998
Illinois Court Access Suit Dismissed by When the U.S. supreme court decided Lewis v. Casey , 116 S.Ct. 2174 (1996) [ PLN , Aug. 1996] PLN noted that the ruling essentially gutted prisoners' right of access to the courts and made it virtually impossible for class action court access claims …
Discriminatory Policy Enforcement Actionable by The court of appeals for the eighth circuit held that the discriminatory enforcement of prison policies is actionable as an equal protection violation. William Foster is a black Missouri state prisoner. A prison policy required that all electronic equipment be bought from the prison commissary. …
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