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PLRA Exhaustion Requirement Jurisdictional by A federal district court in Arizona held that the PLRA's administrative exhaustion requirement, codified at 42 U.S.C. § 1997e(a), requires prisoners to exhaust administrative remedies and the failure to do so deprives the court of subject matter jurisdiction. Dallas Morgan, an Arizona state prisoner, filed …
Article • November 15, 1997 • from PLN November, 1997
Filed under: Reviews, Court Access
Detention and Corrections CaseLaw Catalog by Paul Wright By Paul Wright If you are a jail or prison litigator have you ever wished for a digest of all the major and most of the minor cases dealing with the subject you're litigating? I know I have. Hours spent poring over …
Article • November 15, 1997 • from PLN November, 1997
Pepper Spray Uprising in Arkansas by Wrightsville Arkansas, prison farm labor camp, July, 1997. The sweltering daytime temperature tops 100 degrees. It's still more than 80 degrees just after midnight. And then a spark is lit. A guard at the Arkansas DOC Wrightsville Unit, reportedly acting on a tip, went …
Article • November 15, 1997 • from PLN November, 1997
Filed under: Telephones, Telephone Rates
Prisoner Calls Big Business in CA by D.R. Prisoners' loved ones are hit with a $3.00 surcharge [connect fee] whenever they accept a collect call from a California prisoner. The $3.00 surcharge is in addition to the per-minute billing. The California Public Utilities Commission (PUC) approved this $3.00 surcharge after …
Private Transportation Firms Take Prisoners for a Ride by Alex Friedmann by Alex Friedmann Many of the hundred-thousand-plus prisoners of the Federal Bureau of Prisons (BOP) are familiar with the BOP's buses that shuttle convicts around the country. The federal government also maintains a fleet of a dozen planes designated …
Fourth Amendment Forbids Taping of Jail Confession to Clergy by The court of appeals for the ninth circuit held that state prosecutors, judges and jail officials violated the fourth amendment and the now defunct Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb, by secretly taping the confession a jail …
Article • November 15, 1997 • from PLN November, 1997
Attention Foreign Nationals by A.I.C.A.P. Greetings from Alliance of Incarcerated Canadians in American Prisons (AICAP). Our purpose is to have all foreign citizens [not just Canadians] to serve their sentences in their home countries. In September, 1996, Congress enacted new amendments under the Immigration Reform Act, which allows for transfer …
Article • November 15, 1997 • from PLN November, 1997
Trailers for Tana by Art Longworth I have received new insight into the warden [Tana Wood's] motivations for arbitrarily taking away as many EFV [Extended Family Visit, aka trailer visit] privileges as she can. In the early 90's at MSC [the Medium Security Annex of the Washignton state penitentiary at …
NM Prisoners Refuse to Break Rocks by New Mexico state corrections chief Rob Perry announced a proposal in June 1997 to allow disciplinary segregation prisoners to reduce their seg time if they agree to break rocks with sledgehammers. The proposal may have had more to do with publicity than punishment. …
Article • November 15, 1997 • from PLN November, 1997
Alive Today! Death Row Calling U.S.A. by If you are on the row in the USA and would like to have your story broadcast over radio and/or published, call collect and we will talk. I will record our conversation(s) and mail copies to the News Net service in your state, …
Article • November 15, 1997 • from PLN November, 1997
Former Prison Security Chief Convicted by Julia Lutsky By Julia Lutsky William T. Mack, 53, was convicted at the end of May in a continuing federal investigation of corruption at the Mansfield Correctional Institute (MANCI) in Ohio. Mack, who had been chief of security at MANCI prior to his transfer …
PLN Editor Settles Retaliation Suit by In the May, 1993, issue of PLN we reported that PLN editor Paul Wright had won a reversal and remand from the ninth circuit court of appeals in an unpublished ruling, Wright v. Rebiero, a retaliation suit filed against Washington state prison officials. On …
Article • November 15, 1997 • from PLN November, 1997
ACLU and PLN Challenge Washington DOC Censorship by In its 1995 session the Washington state legislature considered HB 1054, which would have censored a wide variety of publications sent to prisoners based on their "sexual" or "violent" content. HB 1054 was not passed but the DOC got the message and …
Texas Parole Case Reversed by In the October, 1996, issue of PLN we reported the class action suit Johnson v. Texas Dept. of Criminal Justice, 910 F. Supp. 1208 (WD TX 1995) in which a federal district court in Texas ordered the state parole board to not consider "protest letters" …
Article • November 15, 1997 • from PLN November, 1997
Escaped Prisoner Rides into Sunset by Eight federal prisoners being transported in a van operated by Federal Extradition Agency escaped July 30 near Ordway, Colorado. Two guards working for the private transport firm were driving nine prisoners across Colorado when they stopped to drop one prisoner off at the Crowley …
Article • November 15, 1997 • from PLN November, 1997
BOP Sentence Reductions Cannot Be Denied Retroactively by The court of appeals for the ninth circuit held that a Bureau of Prisons (BOP) policy which created a new definition of "non-violent" offense could not be applied retroactively to deny a one-year sentence reduction to prisoners who had successfully completed a …
3rd Cir. Applies 'Imminent Danger' Exception to PLRA 3 Strikes by The court of appeals for the third circuit held that a district court erred when it dismissed a prisoner's In Forma Pauperis (IFP) suit because three prior suits had been dismissed, when the instant suit claimed the plaintiff was …
DOJ to Probe Texas Rent-A-Jail by The Brazoria County Jail, site of the video-taped beatings that aired on network television, is but one of 38 for-profit jails or prisons in the state of Texas. And it's not the only one with problems, just the one with the most press. A …
Article • November 15, 1997 • from PLN November, 1997
Media Allowed Access to CA Executions by A federal district court in California held that media witnesses who attend state executions must be allowed to witness the entire proceeding. When California began lethal injection executions in 1996, it did not allow witnesses to enter the observation room adjoining the execution …
Article • November 15, 1997 • from PLN November, 1997
Notes from the Unrepenitentiary by Laura Whitehorn Pick up your trumpet, raise your voice: it's time to make noise. 1998 will see two important efforts to win the release of all u.s.-held political prisoners and prisoners of war. These efforts need the support of all justice loving people, all those …
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