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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, …
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 …
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