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Article • March 15, 1998 • from PLN March, 1998
Peruvian Lawyers Arrested by Between November 18-21, 1997, in Lima, Peru, agents of the Peruvian political police, DINCOTE, arrested lawyers Ernesto Messa Delgado, Carlos Gamero Quispe, Luis Ramon Landaure and Teodoro Bendezu Montes. The arrestees' family members said they were given no reason for the arrests and noted that the …
Article • March 15, 1998 • from PLN March, 1998
Israeli Soldier Jailed for Refusing to Guard Palestinian Detainees by Yuval Lotem, a 40-year-old lieutenant in the Israeli Army reserve, like most Israeli men is called up for active duty several weeks a year. In early July 1997, Mr. Lotem was called to active duty and assigned guard duty at …
Kafka in the Desert: Palestinian Detainees Struggle by Imagine, if you will, an isolated prison in the desert. Surrounding the one conventional prison building is a large compound, divided into barbed wire enclosures, each holding several dozen prisoners in tents. The compound is walled in, and guarded by military police. …
Health Care Contractor Subject to Monell Liability by The court of appeals for the eleventh circuit held that private companies performing traditional government functions are liable under 42 U.S.C. § 1983 but enjoy the protection of Monell v. Dept. Of Social Services of New York , 436 U.S. 658, 98 …
Evidence Must Support Disciplinary Ruling by Afederal district court in Indiana granted an Indiana state prisoner's petition for habeas corpus, finding that no evidence supported a disciplinary committee's "guilty" finding of possessing intoxicants. Timothy Hayes was infracted for possessing intoxicants after a guard found a bottle of an "orange substance" …
Failure to Protect Informant Violates 8th Amendment by The court of appeals for the third circuit held that prison informants have an eighth amendment right to be protected from the consequences of their informing and that a lower court erred in failing to appoint counsel. Jerome Hamilton is a Delaware …
Article • March 15, 1998 • from PLN March, 1998
Filed under: Reviews, Sentencing
Doing Life: Reflections of Men and Women Serving Life Sentences. Portraits and Interviews by Dan Pens by Howard Zehr Book Review by Dan Pens What does it mean to face a life prison sentence? That question holds a unique meaning in Pennsylvania, where more than 3,000 men and women are …
Article • March 15, 1998 • from PLN March, 1998
Fingers in the PIE by D.H. I thought you might be interested in the Prison Industry Enhancement (PIE) program that was implemented at select Virginia prisons in 1997. The program allows the VDOC to contract outside of Virginia for prisoners to perform labor at minimum wage. I worked in the …
Article • March 15, 1998 • from PLN March, 1998
Slavery in South Carolina by Dan Pens What is the difference between a good slave and a bad slave? The South Carolina Department of Corrections (SCDC) knows: Good slaves "continue to work and stay out of trouble". Below is the full text of a memorandum addressed to the South Carolina …
Article • March 15, 1998 • from PLN March, 1998
Snitch Jacketing States 8th Amendment Claim by Afederal district court in New York held that a prison guard calling a prisoner a snitch with the intention of causing the prisoner harm by other prisoners states a claim for violation of the eighth amendment. Anthony Watson, a New York state prison, …
Spanish Speaking Prisoners Entitled to Interpreters by In a wide ranging and extensive ruling a federal court in the District of Columbia held that by failing to provide interpreters to non English speaking Hispanic prisoners the DOC violated the plaintiffs' eighth and fourteenth amendment rights. As the first published ruling …
Article • March 15, 1998 • from PLN March, 1998
Pro Se Tips and Tactics by John Midgley By John Midgley In my last column, I began a discussion of summary judgment motions in prison cases, which I continue in this column. In prison cases, summary judgment motions are often made by defendants to try to get judgment without the …
Article • March 15, 1998 • from PLN March, 1998
Struggle at Folsom by Willie Wisely by W. Wisely On August 11, 1997, almost 400 prisoners in California's New Folsom prison staged a one-day work strike to protest continuing elimination of privileges and programs. Six members of the Men's Advisory Committee were placed in administrative segregation, suspected of leading the …
Supervisors Liable for Excessive Force by The court of appeals for the eighth circuit affirmed an award of compensatory and punitive damages against a guard who beat a handcuffed and unresisting prisoner, the four guards who held the prisoner down during the attack, the lieutenant who supervised the beating and …
Article • March 15, 1998 • from PLN March, 1998
Survivors Manual by How do you survive in a concrete coffin? With the proliferation of Control Unit (aka SuperMax) prisons in the U.S., an increasing number of prisoners struggle for an answer. Survivors Manual is a 72-page paperback written by and for people who live in Control Units. The manual …
Article • March 15, 1998 • from PLN March, 1998
Tales from the Washington IMU Crypt by M L Reader Mail In case you'd like to report on recent events at Shelton [in one of Washington state's three "IMU" Control Units] here are the basics. In the first week of September [1997] a female guard told guys on F-tier to …
Article • March 15, 1998 • from PLN March, 1998
Tax Court Required to Assist in Witness Subpoena by The court of appeals for the ninth circuit held that a tax court's refusal to honor subpoenas filed by an indigent pro se prisoner litigant, without prepayment of the witness and mileage fees, violated the prisoner's right of access to the …
Article • March 15, 1998 • from PLN March, 1998
Sixth Circuit Discusses Habeas IFP by The court of appeals for the sixth circuit has outlined the procedures habeas corpus petitioners seeking In Forma Pauperis (IFP) status must follow. Every circuit to consider this issue has held that the Prison Litigation Reform Act's (PLRA) filing fee provisions do not apply …
Article • March 15, 1998 • from PLN March, 1998
BJS Reports on Sentencing and Imprisonment by The Bureau of Justice Statistics (BJS) released two reports that may interest PLN readers: Prisoners in 1996 (NCJ 164619, June 1997) and Felony Sentences in the United States, 1994 (NCJ 165149, July 1997). The report on prisoners provides state-by-state (and federal) prison population …
Article • March 15, 1998 • from PLN March, 1998
BOP Porn Ban Held Unconstitutional by In the March, 1997, issue of PLN we reported the September 30, 1996, enactment of the "Ensign Amendment," named after its author Nevada congressman John Ensign (R). The law was enacted as a rider to the federal government's massive budget bill. No hearings or …
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