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DC Women Prisoners' Suit Settled by In the December 1995, June 1996 and September 1997 issues of PLN we reported the saga of Womens Prisoners of the District of Columbia DOC v. District of Columbia , which is cited in 877 F.Supp. 634, 899 F.Supp. 659, and 93 F.3d 910, …
Grievance Exhaustion Required by The court of appeals for the sixth circuit held that 42 U.S.C. § 1997e(a) requires administrative exhaustion of all claims filed after the April 26, 1996, enactment of the Prison Litigation Reform Act (PLRA). Section 1997e(a) states that "no action shall be brought with respect to …
Florida Prisoners Have Right to Present Evidence at Disciplinary Hearings by Florida Prisoners Have Right To Present Evidence At Disciplinary Hearings A Florida state appellate court held that a denial by prison authorities of an opportunity for a prisoner to present exculpatory evidence at a prison disciplinary hearing states a …
Fact Dispute Bars Qualified Immunity Appeal by The court of appeals for the fifth circuit held that it lacked jurisdiction to hear an interlocutory appeal on the denial of qualified immunity to prison officials where the lower court denied qualified immunity due to disputed facts. Two Louisiana state prisoners sued …
Fact Finding Required in Disciplinary Suits by In two separate rulings federal district courts in New York held that prisoners litigating disciplinary due process cases must be given an opportunity to develop a factual record to support their claims before the court rules on a motion to dismiss or for …
Delay in Treatment for Jail Prisoner Actionable by Afederal district court in Mississippi held that disputed issues of fact involving claims by a jail prisoner that he was beaten by his cellmates required a trial to resolve. Emmett Davis was sentenced to 54 days in the Greenville, Mississippi, jail because …
Article • May 15, 1998 • from PLN May, 1998
Delay of Dental Service Violates 8th Amendment by The court of appeals for the eighth circuit held that a district court erred when it dismissed a prisoner's suit over delays in dental care. The appeals court also held that untimely service of the suit by the marshalls service was not …
Article • May 15, 1998 • from PLN May, 1998
Deliberate Indifference Applies to Detainees by The court of appeals for the tenth circuit held that county jail officials have a constitutional duty to protect the health and wellbeing of prisoners in their custody. The appropriate standard of liability under these circumstances is deliberate indifference, not objective reasonableness. Under the …
Article • May 15, 1998 • from PLN May, 1998
Denial of Counsel Reversed by The court of appeals for the third circuit held that a district court abused its discretion in refusing to appoint counsel to an indigent pro se prisoner litigant. Paul Parham, a Pennsylvania state prisoner, filed suit after receiving inadequate medical treatment for tinnitus (ringing in …
Article • May 15, 1998 • from PLN May, 1998
Filed under: PLRA, Filing Fees (PLRA)
Fee Required in Voluntary Dismissal by A federal district court in Nebraska held that the IFP fee requirements of the PLRA, 28 U.S.C. § 1915(b)(2) require payment of the full filing fee even if the prisoner plaintiff later decides to voluntarily dismiss the action. See: Conley v. Henderson , 980 …
Article • May 15, 1998 • from PLN May, 1998
Florida Finally Learns the Meaning of Ex Post Facto by In a one paragraph memorandum opinion the Supreme Court of Florida held that the retroactive cancellation of provisional credits, previously awarded pursuant to statute, violates the ex post facto restrictions of the state and federal constitutions. As a result of …
Article • May 15, 1998 • from PLN May, 1998
Filed under: News, News in Brief
News in Brief by CA : On January 8, 1998, Lancaster state prison guard Elizabeth Begaren was shot and killed by four men while driving on a freeway. The assailants chased Bergaren's vehicle and forced it to stop on an on ramp in Anaheim where she was shot in front …
Article • May 15, 1998 • from PLN May, 1998
Filed under: Work, Prison Industries
Book Reviews by Paul Ortiz Profits First! Convict Labor in America Alex Lichtenstein, Twice the Work of Free Labor: The Political Economy of Convict Labor in the New South (London and New York: Verso, 1996). Matthew J. Mancini, One Dies Get Another: Convict Leasing in the American South (Columbia S.C.: …
Article • May 15, 1998 • from PLN May, 1998
Filed under: Work, Prison Industries
Profits First! Convict Labor in America, book: Worse than Slavery, D. Oshinsky by Paul Ortiz In Worse than Slavery, David Oshinsky writes about a world of forced toil with which we are more familiar: the great agricultural slave labor camp of Parchman Farm in the Mississippi Delta. Actually, Oshinsky's canvas …
Article • May 15, 1998 • from PLN May, 1998
Filed under: Work, Prison Industries
Profits First! Convict Labor in America, book: Twice the Work of Free Labor (Book Review) by Paul Ortiz A. Lichtenstein The United States, in the throes of a vicious social war against the poor, is poised on the brink of dismantling New Deal legislative prohibitions such as the Ashurst-Sumners Act …
Article • May 15, 1998 • from PLN May, 1998
Prior Dismissals Count as Strikes by The court of appeals for the third and ninth circuits joined the fifth, seventh and tenth circuits in holding that 28 U.S.C. § 1915(g) applies to cases dismissed before the PLRA's April 26, 1996, enactment. Section 1915(g) prohibits prisoners from proceeding with in forma …
Prison Disciplinary Proceedings Cognizable Under § 1983 in Florida by Prison Disciplinary Proceedings Cognizable Under § 1983 In Florida AFlorida state appellate court held that a denial of staff assistance, documentary evidence, and witness testimony in a prison disciplinary hearing states a due process claim under 42 U.S.C. § 1983, …
Article • May 15, 1998 • from PLN May, 1998
Filed under: Work, Prison Industries
Prison Jobs and Free World Unemployment by Adrian Lomax In May, 1996, the Fabry Glove & Mitten Company opened a production facility in Wisconsin's Green Bay Correctional Institution. The company hired 70 prisoners as laborers, later adding 30 more. The prisoners, who operate cutting and sewing machines, earn $5.25 per …
Article • May 15, 1998 • from PLN May, 1998
Prison Phones Discussed by As more and more prison systems use automated phone systems that automatically record and monitor conversations there are increased questions about the legality of such systems. This ruling arose from an indirect challenge to the Massachusetts Inmate Telephone System (MITS). The MITS requires prisoners to obtain …
Article • May 15, 1998 • from PLN May, 1998
Tenth Cir. Upholds IFP Provisions by The court of appeals for the tenth circuit held that the PLRA's IFP provisions, requiring full payment of all filing fees, were constitutional. All circuit courts to consider the issue have held likewise. The court also upheld the censorship of the magazine Muhammad Speaks …
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