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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. …
Article • June 15, 1998 • from PLN June, 1998
Eighth Circuit Issues PLRA IFP Procedures by The court of appeals for the eighth circuit has issued a ruling describing the procedures it and all district courts in that circuit will use to assess and collect filing fees from prisoners who file with In Forma Pauperis (IFP) status. The court …
Article • June 15, 1998 • from PLN June, 1998
Descent Into Madness: An Inmate's Experience in the New Mexico State Prison Riot by Daniel Burton-Rose by Mike Rolland, 1997 If the 1971 rebellion at Attica typified the internal cohesion, strength, and political awareness of the U.S. prison movement in the late 60s and early 70s, the 1980 riot at …
Fatal Mismanagement at Ohio CCA Prison by In February 1998, federal judge Sam Bell ordered the Corrections Corp. of America to halt the transfer of inmates from Washington, D.C., to the Northeast Ohio Correctional Center (NOCC), a CCA-owned prison in Youngstown, Ohio. Bell agreed with Alphonse Gerhardstein, the Cincinnati attorney …
Article • June 15, 1998 • from PLN June, 1998
Filed under: News, News in Brief
News in Brief by AZ : On April 1, 1998, former Perryville prison warden Thomas Sullivan was convicted by a Maricopa county jury of raping three girls, ages 8-16. A 16 year Arizona DOC employee, Sullivan was arrested in March, 1996, when DOC employees reported the allegations to superiors. One …
Article • June 15, 1998 • from PLN June, 1998
Some PLRA Fee Questions Answered by the Seventh Circuit by The court of appeals for the seventh circuit held that once a trial court determines that an appeal is taken in bad faith, a prisoner is disqualified from proceeding in forma pauperis on appeal. Any subsequent appeal, if determined to …
Article • June 15, 1998 • from PLN June, 1998
Spokane County Corrections Officials Accused of Cover-up by An independent counsel hired by Spokane County, Washington, says that top officials at the county's Geiger Corrections Center wrongly fired a former guard and then conspired to falsify evidence so the firing would stick. The guard, Sandra "Sunny" Pilkington, was fired for …
Article • June 15, 1998 • from PLN June, 1998
State Weasel Monitors Private Prison Chicken Coop in Texas by Robert L. Dearing is the deputy director of the Texas Commission on Jail Standards. The jail commission is in charge of inspecting and certifying county jails, including those that are privately operated. The jail commission's authority to enforce state standards, …
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