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Article • March 15, 1998 • from PLN March, 1998
Filed under: PLRA, Filing Fees (PLRA)
Court Questions PLRA IFP Provisions by In a rare voice of dissent to the PLRA's filing fee provisions, Judge Reynolds of the U.S. district court in Wisconsin, described the filing fee requirements of the Prison Litigation Reform Act, then summed it up. "This provision is mean spirited and unnecessary. In …
Article • March 15, 1998 • from PLN March, 1998
Arizona Court Fee Law Upheld by Afederal district court in Arizona upheld the constitutionality of a state statute that requires prisoners to pay the full filing fee in state court actions they initiate. The Arizona legislature enacted A.R.S. § 12-306(c) and A.R.S. § 12-302(B) which eliminates the waiver of filing …
Article • March 15, 1998 • from PLN March, 1998
Attorney Fee Award in Smoking Suit Affirmed by The court of appeals for the eighth circuit affirmed an award of $11,299.17 in attorney fees to a prisoner who sued over being exposed to Environmental Tobacco Smoke (ETS, AKA second hand smoke). In the December, 1996, issue of PLN we reported …
AZ Jail's Discriminatory Treatment of Muslims Requires Trial by The court of appeals for the ninth circuit held that a district court erred when it granted summary judgment to jail officials regarding claims of discriminatory treatment by a Muslim jail prisoner. Benjamin Freeman was held in the Maricopa county jail …
Article • March 15, 1998 • from PLN March, 1998
Class Action Certification Clarified by The court of appeals for the ninth circuit held that a district court erred when it dismissed as moot a jail detainee's lawsuit challenging conditions on a jail chain gang, before ruling on the plaintiff's motion for class certification. Timothy Wade filed a lawsuit seeking …
Article • March 15, 1998 • from PLN March, 1998
California Irradiates Prison Visitors by The California Department of Corrections (CDC) has installed nine high-tech X-ray scanners in six prisons and has plans to install them throughout the 33-prison system. The devices, based on "back-scatter" X-ray technology, are used to search visitors. The machine produces a crude image of visitors' …
Ad Seg May Require Due Process by The court of appeals for the second circuit held that a district court wrongly concluded that administrative segregation (ad seg), in and of itself, does not violate due process. The court held prisoner plaintiffs must be given an opportunity to develop a factual …
Article • March 15, 1998 • from PLN March, 1998
Filed under: News, News in Brief
News in Brief by AZ : In November, 1997, the state DOC announced that the construction of a 4,150-bed prison complex at Gila Bend, a 200-bed juvenile prison at the same location and an 800-bed addition to a Yuma prison was $19 million over budget. The combined projects were supposed …
Turning the Screws in California by Willie Wisely by W. Wisely Each year, the California Department of Corrections asks the Legislature for an ever-increasing piece of the state's tax pie based in part on claims that violence in the prison system is increasing. The truth is, violent incidents inside have …
Article • March 15, 1998 • from PLN March, 1998
Zain Fallout Continues by Fred Zain was a crime lab serologist, who tested evidence for the West Virginia state police from 1979 to 1989, and was chief of serology his last five years. During that time Zain falsified evidence and testified about the results of tests he never performed. In …
Article • March 15, 1998 • from PLN March, 1998
Washington Porn Ban Challenged by Playboy Suit Not Frivolous: In an unpublished ruling the court of appeals for the ninth circuit held that a federal court in Spokane, Washington, erred when it dismissed as frivolous a lawsuit by prisoner Mark LaRue challenging the censorship of his subscription to Playboy . …
Article • March 15, 1998 • from PLN March, 1998
West Virginia Jailers Sentenced to Prison by Former Grant County, West Virginia, sheriff John Leatherman, 39, was sentenced October 14, 1997, to six years in the state penitentiary on a civil rights count and one year in the county jail on a battery count. Leatherman pleaded no contest in a …
Reaching the Breaking Point by M L A guy was mad over having his letter rejected because his girlfriend said something [in the letter] about sex. He was also tired of being lied to about getting out of IMU [Intensive Management Unit, Washington state's version of a 23/7 Control Unit]. …
Article • March 15, 1998 • from PLN March, 1998
WSP Mail Rules Upheld by Joseph Allen filed suit challenging various aspects of the mail policy at the Washington State Penitentiary. After filing suit Allen did no discovery and when the defendants moved for summary judgment he did not bother responding. Not surprisingly, the court ruled against Allen. Surprisingly, the …
Article • March 15, 1998 • from PLN March, 1998
From the Editor by Paul Wright Beginning the first of March, 1998, the PLN book The Celling of America: An Inside Look at the U.S. Prison Industry will be on sale in bookstores nationwide. To date the feedback we've received on the book has been very positive. If you've read …
Brief • February 26, 1998
Taylor v. District of Columbia, Complaint, Vehicle Collision, 1998 IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA SHARELL TAYLOR 8205 Consett Court Severn, MD 21144 Plaintiff vs. Plaintiff, Sharell Taylor, by William o. Lockwood, her attorney, brings this action and sues defendant, District Of Columbia, and for cause thereof …
Lucas v. White, CA, Settlement Agreement, Abuse of Inmates, 1998 i v. White • • • • • • • ! ! • H • H PC-CA-009-001 1 2 3 IN THE UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 ROBIN LUCAS, ET AL., Plaintiffs, 8 …
Article • February 15, 1998 • from PLN February, 1998
New York Prisoner Settles Excessive Force Case for $25,000 by Michael Slater, a New York State prisoner, will receive $18,000 in settlement of an excessive force civil rights claim against two guards at Clinton Correctional Facility in Dannemora, New York. The settlement also provides for an additional $7,000 in attorney …
Article • February 15, 1998 • from PLN February, 1998
No Immunity for Delaying Arthritis Treatment by Afederal district court in West Virginia held prisoners had a clearly established right in 1994 to prompt medical treatment and to have prescribed treatment followed. Oscar Finley, a West Virginia state prisoner suffers from arthritis and has a physician's recommendation that he not …
No Immunity for Florida Private Jail by The district court for the middle district of Florida held that the sheriff, the county and a private corporation operating the county jail were liable for detaining an arrestee for 30 days without a probable cause hearing. The court also held that monetary …
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