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Heck Applied to Segregation Claims by The court of appeals for the seventh circuit held that a prisoner's claim that his due process rights were violated at a prison disciplinary hearing was not cognizable under 42 U.S.C. § 1983 and had to be brought as a habeas corpus challenge, even …
Article • April 15, 1998 • from PLN April, 1998
Florida Prisoners Have Property Interest Under DOC Rules by A Florida appellate court held that Title 33 of the Florida Administrative Code, the rules of the Florida Department of Corrections (DOC), affords Florida state prisoners a vested right to possess property insofar as the property was authorized and the prisoner …
Article • April 15, 1998 • from PLN April, 1998
Folsom New Year's Riot Over Haircut Policy by by W. Wisely Over 1,000 prisoners at California's medium security Folsom prison threw flaming toilet paper and sheets over the tiers, banged cell doors, and refused to eat on New Year's Day in protest over new grooming restrictions the Department of Corrections …
Article • April 15, 1998 • from PLN April, 1998
French Robertson Prisoner Wins Suit by On October 20, 1997, federal court jurors ruled that Texas prison guards assaulted French Robertson prisoner Andre Dunkins in 1996, but awarded no monetary damages. Dunkins, who represented himself, convinced jurors that prison guards Ted Vinita and Robert Steele slapped him repeatedly July 17, …
Article • April 15, 1998 • from PLN April, 1998
Even Nominal Damages May Justify Attorney Fee Award by The court of appeals for the seventh circuit held that a verdict of only $500 did not, by itself, justify a denial of an attorney fee award, even though the suit broke no new ground in law regarding police abuses. Although …
Article • April 15, 1998 • from PLN April, 1998
Failure to Protect Informant Claim Set for Trial by A federal district court in Kansas held that disputed facts required a trial to resolve whether prison officials were deliberately indifferent to a prisoner's safety. Mark Dowling is a prisoner informant in Lansing, Kansas. On August 11, 1994, Lt. Gordon Brown …
Article • April 15, 1998 • from PLN April, 1998
Filed under: News, News in Brief
News in Brief by Brazil: On January 10, 1998, eight prisoners at the Linhares prison in Espirito Santo state were killed in a brawl. Francisco Assis Rangel, the prison operations chief, said "They killed one another with metal bars and pieces of wood." No details were given as to the …
Article • April 15, 1998 • from PLN April, 1998
Filed under: Crime/Demographics, Escapes
Mystery of Guard's Death Unlocked by B K The guard who was murdered [during an escape attempt at the Wyoming state penitentiary in June 1997] was in a cage built for the "Shift Commander" when he was stabbed to death. The cage is made of brick, concrete, steel, and bullet-proof …
Article • April 15, 1998 • from PLN April, 1998
Filed under: News
Texas Warden Not Victim of Staff Assault by T.Q. Texas Warden not Victim of Staff Assault In your July 1997 News in Brief section, you reported an incident on the French Robertson Unit [a Texas state prison near Abilene]. The News in Brief item erroneously stated that Ron Drewery [who …
Article • April 15, 1998 • from PLN April, 1998
In Memory - Reverends Ernest Bromley and Maurice McCrackin by John Perotti On December 18, 1997, Reverend Ernest Bromley passed away. Less than two weeks later, on December 30, 1997, Bromley's partner, comrade, and Brother, Reverend Maurice McKrackin ("Rev Mac" to all) followed him. Both had a long painful fight …
Article • April 15, 1998 • from PLN April, 1998
Prolonged SHU Confinement May Implicate Liberty Interest But No Damages by A federal court in New York held that periods of confinement in a state Department of Correctional Services' special housing unit (SHU) for periods of 12 months or longer may implicate liberty interests requiring procedural due process protections. The …
Article • April 15, 1998 • from PLN April, 1998
PLRA Termination Provisions Constitutional by The court of appeals for the eighth circuit held that the "immediate termination" provisions of the Prison Litigation Reform Act (PLRA) does not violate the separation of powers doctrine, the due process clause, or equal protection. A contrary finding by an Iowa district court was …
Pretrial Detainees Not Covered by FLSA by Pretrial Detainees Not Covered By FLSA The court of appeals for the eleventh circuit held that pretrial detainees who perform services at the direction of jail officials for the benefit of the facility are not covered by the federal Fair Labor Standards Act …
Rural Prison as Colonial Master by Christian Parenti In 1964, a tsunami swept over Crescent City, California completely destroying the downtown. Only nine people died, but the town -- nestled just below the Oregon border -- never recovered. It was rebuilt as a shabby imitation of California's worst planning examples; …
Refusal to Waive Interest States Claim by The court of appeals for the ninth circuit held that a district court erred when it dismissed a prisoner's claim that he was fired from his prison job when he refused to waive his right to interest accruing to his prison trust fund …
Article • April 15, 1998 • from PLN April, 1998
BJS Reports Prison Litigation Statistics by The Bureau of Justice Statistics (BJS) released the report Prisoner Petitions in the Federal Courts, 1980-96 in October, 1997. According to the report, the rate at which state and federal prisoners filed petitions in U.S. district courts (habeas and section 1983 petitions combined) fell …
Article • April 15, 1998 • from PLN April, 1998
$450,000 Award in Sexual Assault Case Not Excessive by The court of appeals for the second circuit held that a $250,000 compensatory damage award against a county jail security director for sexually abusing a prisoner was not excessive. However, the court held that the $500,000 punitive damage award was, reducing …
Article • April 15, 1998 • from PLN April, 1998
$9,500 Award for Involuntary Psychotropic Drugging Affirmed by $9,500 Award for Involuntary Psychotropic Drugging Affirmed The court of appeals for the eighth circuit affirmed an award of $9,500 in damages to an Arkansas state prisoner who was forcibly drugged with anti-psychotic medications without due process. The court also held that …
Article • April 15, 1998 • from PLN April, 1998
4th Circuit Establishes Detainee Excessive Force Standard by The court of appeals for the fourth circuit, sitting en bane, held that the constitution does not prohibit the police from slapping pretrial detainees or inserting pens in their noses, while threatening to "rip it open," provided there is no sign of …
Article • April 15, 1998 • from PLN April, 1998
5th Cir. Holds IFP Dismissals Are With Prejudice by 5th Cir. Holds IFP Dismissals are With Prejudice The court of appeals for the fifth circuit, en banc, held that cases dismissed under 28 U.S.C. § 1915, the In Forma Pauperis (IFP) statute will now be considered to be with prejudice, …
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