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Brief • October 17, 1997
Filed under: Mail, Mail Regulations
Miniken v. Walter, WA, Order, Mail Restrictions, 1997 I , 1 RECEIVED" \9~: OCT 17 BRI~KLlN &. GENDLE.R, I L P . us. ~~~:~ig~RT UNITED STATES DISTRICT COURTEastern District of Washington EASTERN DISTRICT OF WASHINGTON 2 0CT 1 5 1997 JAMES R. LARSEN. CLERK 3 _ - - - - …
Article • October 15, 1997 • from PLN October, 1997
Editorial by Dan Pens In the July 11 "Living Arts" section of the New York Times, appears a feature titled, 'For a Summer Getaway, a Model Prison." It is a personal narrative of NYT reporter Judith H. Dobrzynski's visit to Eastern State Penitentiary in Philadelphia. Eastern State, built in the …
Arizona DOC Contempt Fines Affirmed by In the July, 1996, issue of PLN we reported Hook v. Arizona, 907 F. Supp. 1326 (D AZ 1996) where the court held Arizona DOC officials In contempt for refusing to pay the fees for special masters appointed by the court to oversee implementation …
Article • October 15, 1997 • from PLN October, 1997
Felon Disenfranchisement Laws Challenged in Washington by In the January and December, 1996, issues of PLN we reported Baker v. Cuomo, 58 F.3d 814 (2nd Cir. 1995) and Baker v. Pataki, 85 F.3d 919 (2nd Cir. 1996)(en banc) in which New York state prisoners were using the Voting Rights Act …
Georgia Prison Guards Speak Out by Dan Pens Shortly after Wayne Garner took over as Georgia's Corrections Commissioner in December 1995, he addressed the state legislature wherein he quipped, "...thirty to thirty-five percent [of GA prisoners] ain't fit to kill, and I'm going to be there to accommodate them." [See: …
Three Texas Guards Indicted in Beating Death by In the July issue of PLN we reported "Judge Rules Texas Prisoner's Death Excessive Force" about Gary Crenshaw, 31, who died at the hands of his captors January 26, 1997, at the French Robertson Unit. On June 30, 1997, a Jones County …
Article • October 15, 1997 • from PLN October, 1997
Mississippi Good Time Violates Ex Post Facto by The supreme court of Mississippi held that retroactive application of a statute requiring felons to serve 85% of their sentence before release violated the ex post facto provisions of the Mississippi and United States constitutions. In 1995 the Mississippi legislature enacted Senate …
Article • October 15, 1997 • from PLN October, 1997
Prison Uprisings Sweep Columbia by A large number of prison uprisings and breakouts occurred throughout Colombia in the first quarter of 1997. On January 5, eighteen prisoners escaped from the prison in Arauca. On January 12, rebels from the Revolutionary Armed Forces of Columbia broke 39 prisoners out of the …
Article • October 15, 1997 • from PLN October, 1997
Prison Conditions in Venezuela by Human Rights Watch has been investigating prison conditions throughout the world for the last 10 years. Punishment Before Trial: Prison Conditions in Venezuela, issued in March 1997, is the 29th resulting report to appear. HRW/Americas investigators spent three weeks in Venezuela in March 1996 during …
Article • October 15, 1997 • from PLN October, 1997
Filed under: PLRA, Attorney Fees (PLRA)
PLRA Attorney Fee Cap Not Applicable to Pending Cases by A federal district court in Michigan, in two consolidated long running class action suits, held that 42 U.S.C. § 1997e(d)(3) which limits attorney fees in civil rights cases to 150% of the amount allowed court appointed counsel under 18 U.S.C. …
Article • October 15, 1997 • from PLN October, 1997
No Qualified Immunity for Denial of Exercise by A federal district court in Illinois held that prison officials were not entitled to qualified immunity from money damages for denying segregation prisoners all opportunity for out of cell exercise for one year. McNeal Watts, an Illinois state prisoner, was placed in …
Article • October 15, 1997 • from PLN October, 1997
California Limits Prison Appeals by Willie Wisely Continuing the agenda of the prison guards union, the California Department of Corrections issued a notice of changes to prison administrative regulations governing appeals of conditions of confinement by prisoners. The changes include doubling the time limits prison staff have to respond to …
Fifth Circuit Reverses Scott by The court of appeals for the fifth circuit, sitting en banc, reversed its prior holding in Scott v. Moore, 85 F.3d 230 (5th Cir. 1996) [PLN, June, 1997] that inadequate jail staffing violated the due process rights of a woman detainee who was repeatedly raped …
Seventh Circuit Applies ADA to Prisoners by The court of appeals for the seventh circuit held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794, explicitly apply to state prisoners. Anyone litigating an ADA or RA claim will find …
A Day at the Human Zoo by Alice Lynd My husband and I toured the Northeast Ohio Correctional Center, a new "private prison" that is soon to open in Youngstown. Near the entrance there is a bulletin board with the words, "Yesterday's Closing Stock Price," a reminder that the Corrections …
California Guards Set Up Prisoners by Willie Wisely After a scandal in which guards boiled a mentally ill prisoner alive, California's most notorious prison is once more the target of an investigation into abuse and excessive force. Pelican Bay prison guards are accused of setting up prisoners convicted of sex …
ADA Suits Not Affected by PLRA Attorney Fee Caps by John Emry There is a great deal of talk and litigation about the Prison Litigation Reform Act which was part of the Omnibus Consolidated Rescissions and Appopriations Act of 1996 (PL 104-134, 110 Stat 1321 (1996)). One aspect of the …
Article • October 15, 1997 • from PLN October, 1997
Free to Wardens But Not Convicts? by In response to a recent issue [April '97] of Prison Legal News, [you] apparently told your readers that free copies of the Federal Judicial Center publication "Resource Guide for Managing Prisoner Civil Rights Litigation" were available at no charge by writing to our …
Article • October 15, 1997 • from PLN October, 1997
PLRA Fees Don't Apply to Released Prisoners by The court of appeals for the fifth circuit held that released prisoners who are indigent need not pay PLRA filing fees. Harry Haynes was a Texas state prisoner released on parole shortly after suing prison officials. Haynes had sought leave to file …
Magistrates Lack Jurisdiction to Impose Contempt Sanctions by The court of appeals for the ninth circuit held that magistrates lack jurisdiction to impose criminal contempt orders, even when the parties have consented to proceed before a magistrate. James Bingman, a Montana state prisoner, filed suit after not receiving adequate dental …
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