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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, …
Pro Se Tips and Tactics: Limiting the Burdens of Pro Se Inmate Litigation by John Midgley Review of Limiting The Burdens Of Pro Se Inmate Litigation: A Technical Assistance Manual For Courts, Correctional Officials, And Attorneys General , by Lynn S. Branham (American Bar Association, 1997). Given all the anti-prisoner …
Article • June 15, 1998 • from PLN June, 1998
PLRA Termination Provisions Unconstitutional by A federal district court in Arizona held that the Prison Litigation Reform Act (PLRA) section providing for termination of consent decrees entered into prior to the PLRA's enactment is unconstitutional, as being violative of the separation of powers doctrine. The court further ruled that the …
San Francisco City and County Jail Conditions Held Unconstitutional by A federal district court in California ruled that numerous conditions of confinement at San Francisco county jail # 3 violated contemporary standards of decency and the eighth and fourteenth amendments. Of particular importance to West coast readers, the court found …
Article • June 15, 1998 • from PLN June, 1998
Prisons and Aids: A Public Health Challenge by Daniel Burton-Rose Prisons and AIDS: A Public Health Challenge by Ronald Braithwaite, Theodore Hammett and Robert Mayberry Prisons and AIDS is a well-informed, highly statistical overview of the issues surrounding HIV/AIDS in prisons and jails. The book focuses on education programs and …
Segregation Conditions Defined for Sandin Purposes by The court of appeals for the seventh circuit held that district courts evaluating the impairment of a liberty interest in prison disciplinary hearings should compare segregation conditions of confinement throughout the entire state prison system. The court expressed doubt that prisoners would ever …
Sexual Harassment Actionable by The court of appeals for the seventh circuit held that sexual harassment by prison staff is actionable under 42 U.S.C. § 1983. The ruling is important because it defines when prison staff act under "color of state law" for liability purposes. Eric Walker, an Illinois state …
Race Requirement for Religion Struck Down by Afederal district court in Louisiana held that a prison rule allowing only ethnic Native Americans to engage in Native American Religious (NAR) practices was unconstitutional. Seven Louisiana state prisoners housed in a private prison operated by the Corrections Corporation of America (CCA) on …
Article • June 15, 1998 • from PLN June, 1998
Refusal of Non-Lethal Injection Kills Arizona Prisoner by Arizona prisoner Teshome Abate, 39, died Jan. 3, 1998, after a four month hunger strike. In 1989 Abate brought suit against the department of corrections seeking to acquire his Ethiopian Orthodox Christian diet. Ethiopian Orthodox leaders had informed officials their faith requires …
Article • June 15, 1998 • from PLN June, 1998
Repeal of South Carolina Furlough Law Violates Ex Post Facto by The court of appeals for the fourth circuit held that amendments to a South Carolina statute which eliminated furlough rights for prisoners convicted before its passage violate the ex post facto clause of the U.S. constitution. In 1983 the …
Beating by Unknown Guards States Claim by Afederal district court in the District of Columbia held that a prisoner's claim that he was beaten unconscious by three unknown guards stated a claim for violation of the eighth amendment. James Arnold, a District of Columbia (DC) prisoner, was returning to his …
Article • June 15, 1998 • from PLN June, 1998
Bob Bensing, Hero, Dies Suddenly by The world lost a hero in the struggle for human rights on February 3, 1998. Southern Center for Human Rights lawyer Bob Bensing, 42, was returning to Atlanta, GA, from Valdosta State Prison after meeting with two prisoner plaintiffs. His car reportedly hydroplaned and …
$6.5 Million Spent in California Sexual Harassment Suit by by W. Wisely The cost to California taxpayers will top $6.57 million in a sexual harassment suit judgment handed down November 30, 1997, against the Department of Corrections. The amount included $2 million in damages, $1.8 million paid to private defense …
Article • June 15, 1998 • from PLN June, 1998
Alabama HIV+ Prisoners Case Remanded Once Again for Proper RA Consideration by The court of appeals for the eleventh circuit held that prisoners asserting a claim to Rehabilitation Act (RA) protection had the burden of showing that they were "otherwise qualified" under the Act, or could be made so by …
Article • June 15, 1998 • from PLN June, 1998
Filed under: Sentencing, Parole
Colorado Prisoners Passing Up Parole by More than 2,500 Colorado state prisoners opted to stay in prison rather than ask for parole during the fiscal year ending June 30, 1997. More than 20 percent of those who waived parole hearings were close to ending their full sentence, usually within six …
Article • June 15, 1998 • from PLN June, 1998
California Prison Psychologist Kills Child, Self by Tracy Lynn Johnson, 33, worked as a prison psychologist at the California Medical Facility (CMF, Vacaville) until she went on "stress leave" on September 5, 1997. [CMF, Vacaville is at the center of a long-running class action suit over inadequate mental health care]. …
Article • June 15, 1998 • from PLN June, 1998
Bureau of Prisons Sexual Abuse Suit Settled for $500,000 by On Tuesday, March 3, 1998, at 3:00 p.m., at the United States District Court in San Francisco, U.S. District Court Judge Thelton E. Henderson was presented with a settlement of a civil rights suit against the United States Bureau of …
Vigilante Attack on Prisoner Requires Trial by The court of appeals for the second circuit held that issues of fact as to whether guards were personally involved in a vicious attack on a prisoner, precluded summary judgment for the guards. The court also held that a statement allegedly made by …
Article • June 15, 1998 • from PLN June, 1998
Trial Required in Religious Diet Claim by Afederal district court in California held that disputed facts required a trial to determine if a segregated Muslim prisoner's religious rights were violated when he was denied a special diet during Ramadan. Roderick Washington, a California state prisoner, filed suit claiming he was …
Article • June 15, 1998 • from PLN June, 1998
Filed under: Sentencing, Good Time
Washington Good Time Cap Clarified by AWashington state court of appeals held that prisoners convicted of violent class B felonies were entitled to a one third good time sentence reduction and not the fifteen percent reduction calculated by the Washington DOC. Craig Mahrle was convicted of solicitation to commit second …
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