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Article • April 15, 1998 • from PLN April, 1998
Alaska Computer Printer Ban Questioned by The supreme court of Alaska held that a state superior court wrongly granted summary judgment to prison officials in a lawsuit challenging a ban on computer printers in the prisoners' cells. Geoffrey Mathis is an Alaska state prisoner. In 1993 prison officials issued a …
Community Notification Upheld by Three Circuits by In the December, 1997, PLN we reported Doe v. Gregoire , 960 F. Supp. 1478 (WD WASH. 1997), wherein a district court ruled that Washington's "community notification" statute violates the ex post facto clause insofar as releasing information to the public regarding sex …
Conditions in Camden County Jail Unconstitutional by In 1992 and 1993 numerous' present and former CCJ prisoners filed civil rights complaints in federal court alleging an assortment of constitutional violations. Because the issues mirrored those involved in Camden County Jail Inmates v. Parker , 123 F.R.D. 490 (DNJ 1988), a …
BOP Sentence Reductions Cannot Be Denied Based Upon Firearm Enhancements by The court of appeals for the third circuit held that the Federal Bureau of Prisons (BOP) cannot use a firearm enhancement under the Sentencing Guidelines, by itself, as the basis for declaring a prisoner ineligible for a statutorily authorized …
BOP Exceeds Statutory Authority in Denying Sentence Reduction by Afederal district court in the District of Columbia held that the Bureau of Prisons (BOP) had exceeded its statutory authority by defining "violent" offenses to preclude a sentence reduction for convictions the courts have consistently defined as "non-violent." In 1994 congress …
$1.1 Million Award in Sexual Assault by The court of appeals for the fifth circuit held that recovery under the Texas Tort Claims Act is authorized for the negligent failure to prevent an intentional tort by a government employee. The court affirmed the judgment below and a $1.1 million damage …
$225,000 Jury Award in CDC Shooting Affirmed by The court of appeals for the ninth circuit affirmed a jury award of $225,000 to a prisoner shot by guards, who then received inadequate medical care. The court rejected the defendants' argument that the eleventh amendment barred the damage award. Todd Ashker, …
Article • April 15, 1998 • from PLN April, 1998
U.S. Liable for Loss of Prisoner's Property by Afederal district court in Kansas held that federal prisoners can properly seek damages for the negligent loss of their property by prison employees pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), 2671, et seq. Warren Melvin, a federal …
Article • April 15, 1998 • from PLN April, 1998
Filed under: Court Access, Judiciary
The Limits of the Law by Mumia Abu-Jamal Human law is law only by virtue of its accordance with right reason, and by this means it is clear that it flows from eternal law. In so far as it deviates from right reason it is called an unjust law; and …
Article • April 15, 1998 • from PLN April, 1998
Third Circuit Applies ADA to Prisoners; Supreme Court Grants Review by The court of appeals for the third circuit held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, applies to state prisoners. The supreme court later granted review to decide whether the ADA applies to state prisoners. …
Article • April 15, 1998 • from PLN April, 1998
Weights Banned in California by Willie Wisely by W. Wisely On January 2, 1998, Gregory Harding, Chief Deputy Director of the California Department of Corrections, issued an Administrative Bulletin announcing the end of weightlifting in the free world's largest prison system. The weightlifting ban includes prisons, Community Correctional Facilities, and …
Article • April 15, 1998 • from PLN April, 1998
From the Editor by Dan Pens Greetings and welcome to another issue of PLN . If you haven't seen, ordered, or read a copy of The Celling of America (TCOA), well... you don't know what you're missing. It took a while, but I finally got my copy. I let my …
Brief • April 3, 1998
Filed under: Accidents
Lott v. WA DOC, WA, Tort Settlement and Release, Phallam Bay Accident, 1998 • Claim # 31031273-01 RELEASE (TORT) I},I/( FOR AND IN CONSIDERATION of the sum of, One Thousand Sixty Three Dollars and 49/Cents 51,063.49, inclusive of all liens known and unknown), Alvina Lott, Ilis/her heirs. assigns, or other …
Brief • April 2, 1998
Lucas v. White, CA, Plf Memo in Support of Mot for Atty Fees, BOP Sexual Assault, 1998 1 2 3 4 5 ROSEN, BIEN & ASARO, LLP MICHAEL W. BIEN - 096891 155 Montgomery Street, 8th Floor San Francisco, California 94104 Telephone (415) 433-6830 LAW OFFICES OF GERI L. GREEN …
Brief • March 23, 1998
Ortiz v. Pearson, NY, Complaint, Unprovoked Assault by Prison Officials, 1998 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - -x ORLANDO ORTIZ, Plaintiff, 97 Civ. 0885 (KMW) -againstSECOND AMENDED COMPLAINT LIEUTENANT C.A. PEARSON, CORRECTIONS …
Brief • March 18, 1998
Chladek v. Pennsylvania, Discovery Order, Parole Officer Excessive Force, 1998 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL B. CHLADEK and MARIE CHLADEK v. COMMONWEALTH OF PENNSYLVANIA, et al. : : : : : : CIVIL ACTION NO. 97-0355 MEMORANDUM AND ORDER HUTTON, J. March …
Ohio Death Row Uprising by In the November '97 PLN , we reported "Tensions Rise in Ohio Prisons." Our coverage of the September 5, 1997 uprising on Ohio's death row at the Mansfield Correctional Institution (MANCI) was based entirely on published press reports, and as such was woefully inadequate. PLN …
Article • March 15, 1998 • from PLN March, 1998
Filed under: Organizing
Ohio Students Rally in DC by Students from Dayton Ohio's Colonel White High School were outraged when they read about Kemba Smith in Emerge magazine. Smith, a 24-year-old Virginia woman, was sentenced to 24 years in federal prison without the possibility of parole for refusing to cooperate with federal prosecutors …
New Jersey DOC Required to Follow Own Rules by The appellate division of the superior court of New jersey held that a prisoner was entitled to reversal of a disciplinary sanction because the prison hearing officer disobeyed a court ordered prison rule requiring the prisoner to sign a form documenting …
Article • March 15, 1998 • from PLN March, 1998
Pelican Bay $600,000 Wrongful Death Settlement by California taxpayers coughed up another $600,000 to settle a use-of-force lawsuit at Pelican Bay State Prison. The biggest chunk of the award goes to the family of Jesse Castillo, who was shot and killed by guards while engaged in a fistfight on Pelican …
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