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Article • February 15, 1998 • from PLN February, 1998
KS S.Ct. Affirms Trust Account "Service Fee" by KS S.Ct. Affirms Trust Account "Service Fee" In two separate cases the Kansas supreme court affirmed a state DOC policy, KAR 44-5-115, which imposes a $1 monthly surcharge on prisoners for administering their prison trust accounts. A state district court held that …
Legal Papers Must be Returned to Owner; Prisoner Legal Mail Banned by The court of appeals for the eighth circuit held a district court erred when it ordered prison officials to allow prisoner co-plaintiffs to correspond with each other about their case. The court affirmed an injunction requiring prison officials …
PLRA Attorney Fee Restrictions Not Retroactive by A federal district court in New York held that the restrictions imposed on recoverable attorney fees by the Prison Litigation Reform Act of 1996 (PLRA) do not apply retroactively and are not applicable to claims by attorneys retained prior to the PLRA's enactment …
Article • February 15, 1998 • from PLN February, 1998
Iowa Prison Nurse Liable in Birthing by The court of appeals for the eighth circuit held a prison nurse was properly found liable for ignoring a prisoner's complaint that she was in labor. The appeals court affirmed an award of $1,000 in compensatory damages but vacated an award of $3,500 …
Juvenile Crime Pays by Alex Friedmann According to a study by the Office of Juvenile Justice and Delinquency Prevention (OJJDP), from 1991 to 1995 the population of youthful offenders held in privately-operated facilities grew 10% to an estimated 35,600. The juvenile justice system has become enormously profitable as youths are …
Article • February 15, 1998 • from PLN February, 1998
Damages Suit Stayed While Habeas Pursued in Disciplinary Hearing Challenge by As the courts grapple with the question of when prisoners can sue for money damages under 42 U.S.C. § 1983 when challenging disciplinary hearings that result in lost good time and when they must pursue habeas corpus remedies, the …
Deaf Prisoners in Washington Seek Class-Wide Relief by David C Fathi by David C. Fathi, Jeff B. Crollard and Leonard J. Feldman Lawyers representing two deaf prisoners in a lawsuit against the Washington Department of Corrections (WDOC) are seeking to broaden the suit into a class action on behalf of …
Idaho Court Access Class Action Suit Proceeds by Afederal district court in Idaho denied prison officials' motion to dismiss a lawsuit challenging inadequate court access and to decertify the case as a class action suit. In 1992 Idaho prisoners at two prisons filed a class action suit challenging the operation …
Inadequate Prison Security Violates 8th Amendment by Afederal district court in Puerto Rico held a prison security officer could be held liable for a prisoner's murder when he knew of inadequate staff supervision and non functioning cell locks, among other things, and did nothing to improve security. Angel Orta Fernandez, …
Article • February 15, 1998 • from PLN February, 1998
Grand Jury Indicts 45 Texas Prisoners by A Jones County, TX, grand jury indicted 45 French Robertson and Middleton Unit prisoners in October, 1997, for felony crimes allegedly committed in prison during the previous two years. Among the indicted were prisoners Michael Dwayne Purnell and Maximiliano Sanchez III, accused of …
Article • February 15, 1998 • from PLN February, 1998
Florida PRIDE Employees Denied Minimum Wages by James Quigley The court of appeals for the eleventh circuit affirmed summary judgment against Florida state prisoners who claimed entitlement to the federal minimum wage under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219. The court held that the private, non …
Article • February 15, 1998 • from PLN February, 1998
Exposure to Cold States Claim Exhaustion Requirement of PLRA Not Retroactive by A federal district court in Illinois held that a prisoner's allegations of exposure to extreme cold while confined to a cell states an eighth amendment claim. The court also declined to apply the exhaustion of administrative remedies requirement …
Article • February 15, 1998 • from PLN February, 1998
PLRA Requires Winning Prisoner to Pay 25% of Defendants' Atty Fees by In the first published ruling on this issue, a federal district court in New York required a winning prisoner to pay 25% of the reduced attorney fees assessed against the losing prison official defendants. Kevin Clark is a …
Article • February 15, 1998 • from PLN February, 1998
Filed under: Work, Prison Industries
PRIDE Eyes Private Markets by Florida's prison industry program, known as PRIDE, is developing a pilot program to allow private manufacturers to "outsource" contracts that would have PRIDE furniture plant workers produce furniture for eventual sale on the open market. Success there could lead to more "outsourcing" contracts which would …
Article • February 15, 1998 • from PLN February, 1998
Rhode Island Ban on Royalties to Felon Authors Struck Down by The supreme court of Rhode Island held that the state's Criminal Royalties Distribution Act (CRDA) of 1983, Title 12, chapter 25.1 of the general laws of Rhode Island, is unconstitutional. The CRDA requires that any funds felons receive from …
Second Circuit Rules on Appointment of Counsel by The court of appeals for the second circuit held that a district court abused its discretion by denying a pro se prisoner's motion to appoint counsel under a local court rule that conditioned such appointment on the prisoner's claim surviving a motion …
Article • February 15, 1998 • from PLN February, 1998
Resources for Smoking Litigation: Health Effects of Smoking; Legal Cases on Smoking by Health Effects of Smoking: The American Lung Association offers a detailed, comprehensive series of booklets and reports which detail the negative health effects of smoking, exposure to second hand smoke, etc. Contact: ALA, 1740 Broadway, New York, …
Article • February 15, 1998 • from PLN February, 1998
Filed under: Medical, Skin, Complaints
7th Circuit Defines "Serious Medical Needs" by The court of appeals for the seventh circuit announced that medical conditions that cause pain, but are not life threatening, constitute serious medical needs for eighth amendment purposes. In doing so, the court clarified this area of law for the seventh circuit. Carlos …
Article • February 15, 1998 • from PLN February, 1998
Cold Cell Violates 8th Amendment by The court of appeals for the seventh circuit held that extremely cold prison cells violate the eighth amendment but poor cell ventilation in summer does not. Anthony Dixon is an Illinois state prisoner in protective custody at Stateville. He filed suit claiming that in …
Bureau of Prisons Gag Rule Enacted by Effective June 20, 1997, the Department of Justice and its Federal Bureau of Prisons (BOP) enacted changes to 28 CFR (chapter V, subchapter A, Part 501) governing general management and administration of BOP prisons. The new rules allow the federal government to target …
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