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Article • February 15, 1998 • from PLN February, 1998
Filed under: Work, Prison Industries
Union Denounces Prison Labor by Iowa DOC officials are aggressively marketing prison labor to private firms, with a goal of placing prisoners in at least 650 private-sector jobs. Iowa prisoners currently make license plates, produce furniture for government offices, and do telemarketing to promote Iowa tourism. They also make sandwiches …
Article • February 15, 1998 • from PLN February, 1998
From the Editor by Dan Pens Greetings and welcome to another issue of PLN . Several readers have pointed out that PLN editorials are needlessly long. Naturally, my feelings were bruised. The truth hurts. From now on, though, the limit on PLN editorials is 500 words (a half-page) rather than …
Brief • February 11, 1998
Poindexter v. US, WV, Settlement Release, Vehicle, 1998
Brief • January 23, 1998
Love El v. District of Columbia, DC, Complaint, Slip and Fall, 1998 .i :- , t:.~ _~ ~~ i I';" ~ I.,. ,.; " )'r~~} \,\,:~\i\;-.i . "', ,/ ~ . , ', ••' SUP~~J,~f~COURT OF THE DISTRICT 60-~~c~iuMBIA CIVIL DIVISION FI L ~ 0 Darryl Vi~."ClZrrI- '-evil··IL ~2.J2: 333 …
Article • January 15, 1998 • from PLN January, 1998
Motion for Seized Property Subject to PLRA Fee by The court of appeals for the fifth circuit held that a federal prisoner's motion for the return of seized property period had run. The district court did not reconsider its ruling. The court of appeals vacated and remanded. The appeals court …
Article • January 15, 1998 • from PLN January, 1998
New York Work Release Creates Liberty Interest by Afederal district court in New York held that prisoners have a liberty interest in that state's Temporary Release Program (TRP) which requires due process before they can be removed from it. Franklin Greaves was a TRP participant, as such he lived and …
Article • January 15, 1998 • from PLN January, 1998
Filed under: PLRA, Filing Fees (PLRA)
Mailbox Rule Applies to Trust Fund Statement by The court of appeals for the ninth circuit held that Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379 (1988) applies to the filing of trust fund account statements as required by 28 U.S.C. § 1915(a)(2) of the PLRA's filing fee requirements. …
Article • January 15, 1998 • from PLN January, 1998
Mandamus Appeal Denied as Third Strike by The court of appeals for the tenth circuit held that 28 U.S.C. § 1915(g), which bans in forma pauperis civil actions for prisoners that have had three or more actions dismissed as frivolous, malicious or for failing to state a claim, prevents the …
Article • January 15, 1998 • from PLN January, 1998
Legal Material Confiscation May Violate First Amendment by The court of appeals for the eighth circuit held that a factual dispute required a trial to determine if a prison package policy was arbitrarily applied in a manner that violated the first amendment. Clyde Weiler, a Missouri state prisoner, was sent …
Article • January 15, 1998 • from PLN January, 1998
PLRA Doesn't Apply to Habeas by The court of appeals for the first circuit held that the filing fee provisions of the PLRA do not apply to habeas corpus petitions. In doing so, the first circuit joined the other eleven circuits that have held likewise. At this point all circuit …
Article • January 15, 1998 • from PLN January, 1998
Filed under: Court Access, Judiciary
Judge-Made Law by Mumia Abu-Jamal The plaintiff was urging a legal rule which you thought was wrong. I thought it was legally right, but very unjust, and I didn't want to apply it. So, I made up my mind to lick the plaintiff on the facts. And by giving him …
Former Warden Wins Suit Against TDCJ by An Anderson County, Texas, jury found that former Beto I Unit warden Terry Terrell was fired because he reported corruption and violations of the law by other employees of the Texas Department of Criminal Justice (TDCJ). The jury deliberated for nearly four hours …
Dismissal for Derelict Lawyer Reversed by Arizona prisoner (name withheld) The court of appeals for the fifth circuit held that a district court abused its discretion when it dismissed, with prejudice, a prisoner's lawsuit as a sanction for his appointed counsel's dereliction. Tyronne Clofer, a Louisiana state prisoner, filed suit …
Article • January 15, 1998 • from PLN January, 1998
Dismissal of Paid Suit Counts as a "Strike" by The court of appeals for the seventh circuit held that the dismissal of a lawsuit in which the filing fee had been paid counts as a "strike" under 28 U.S.C. § 1915(g). Section (g) of the In Forma Pauperis statute requires …
Article • January 15, 1998 • from PLN January, 1998
Education as Crime Prevention: Providing Education to Prisoners by Dan Pens I lost count of the number of people who have written me to ask if I know where they can find statistics on the impact of prison-based education programs on recidivism. After congress eliminated Pell grants for prisoners in …
Article • January 15, 1998 • from PLN January, 1998
Filed under: PLRA, Filing Fees (PLRA)
Fifth Circuit Upholds PLRA IFP Provisions by The court of appeals for the fifth circuit held that the PLRA's filing fee provisions, 28 U.S.C. § 1915, which require that prisoners pay the filing fees of any civil suits or appeals they file in federal court, are constitutional. The court held …
Article • January 15, 1998 • from PLN January, 1998
A Matter of Fact by [Editor's Note: This will be the last "A Matter of Fact" column. Many of you have written to praise the column but others have complained that: 1) it's a waste of space, and 2) its hard to digest an entire page of facts and figures …
Smoking, Lies and Hypocrisy by Paul Wright By Paul Wright The recent settlement proposal between the tobacco industry and the attorney general's of 41 states has been in the news a lot lately. I share a home with 158 other men, 90% of whom smoke. The walls literally weep nicotine. …
Article • January 15, 1998 • from PLN January, 1998
Filed under: Telephones, Telephone Rates
TCI Breaks 'Inmate Telephone System' Stranglehold by Dan Pens By now you've seen the Tele-Con, Inc. (TCI) ads in Prison Legal News . I first heard of TCI in June, 1997, when a PLN reader sent me one of their brochures. Collect calls from prisoners billed at 10¢ a minute? …
Article • January 15, 1998 • from PLN January, 1998
Attn: Lawyers in Prison by Calfornia Lawyer , a legal trade magazine, is planning an article on incarcerated attorneys. We are looking for anyone who was a member of the California State Bar and who is serving time in a state or federal prison. The article will address issues that …
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