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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 …
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 …
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