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More Ohio Jail Construction Corruption by In the April '97 issue of PLN we reported "Ohio Jail Construction Corruption?" about questionable contract provisions and cost overruns by a construction firm owned by Ohio governor George Voinovich's brother. That article was about the firm's $9 million renovation of the Franklin county …
Second Circuit Approves Disciplinary Hearing Surcharge by The court of appeals for the second circuit held that the imposition of a mandatory surcharge against prisoners found guilty of certain rule violations did not violate due process, that the failure to provide a hardship waiver for indigents did not violate equal …
Article • December 15, 1997 • from PLN December, 1997
Pro Se Tips and Tactics (Summary Judgments) by John Midgley By John Midgley A tool used in many prison and jail cases, especially by defendants, is a summary judgment motion under Federal Rule of Civil Procedure 56. If you lose a summary judgment motion brought by the defendant, you have …
NJ Guards Threaten Walkout Over Vests by On July 31, 1997, New Jersey state prisons were locked down after a guard was fatally stabbed and angry union leaders told guards for the next shift not to report for work unless the state agreed to purchase body armor vests. Bayside State …
Article • December 15, 1997 • from PLN December, 1997
Filed under: Organizing, Voting
Prisoner PAC Announces Formation by We are proud to announce the creation of the Massachusetts Prisoners Association, a newly registered Political Action Committee working on behalf of the more than 20,000 prisoners currently confined within the Massachusetts Prisons and Houses of Correction and their family members, addressing the concerns of …
Article • December 15, 1997 • from PLN December, 1997
Pepper Spray Report by Julia Lutsky Research Review: "Use of Force Policies and Training Recommendations: Based on the Medical Implications of Oleoresin Capsicum," by Darrell Ross, PPCT Director of Research. Oleoresin Capsicum (OC; pepper spray) is now widely used by police departments throughout the country for the control of "resistant …
Article • December 15, 1997 • from PLN December, 1997
Washington Sex Offender Notification Enjoined by The federal district court for the western district of Washington has issued a preliminary injunction enjoining the state from retroactively applying the provision of Washington's Community Protection Act of 1990 calling for the "community notification" of recently released sex offenders. The plaintiff, identified only …
Article • December 15, 1997 • from PLN December, 1997
Supreme Court Rulings Trickle Down: WA Good Time by In the February, 1996, issue of PLN we reported Gotcher v. Wood, 66 F.3d 1097 (9th Cir. 1995) where the ninth circuit held that Washington prisoners have a protected liberty interest in their good time credits. The supreme court vacated Gotcher …
Article • December 15, 1997 • from PLN December, 1997
Montana Prisoners Have Liberty Interest in Classification Hearings by Danny Arledge By Danny Arledge The Montana state supreme court held that state law creates a liberty interest for prisoners accused of misconduct in prison classification hearings. Daniel Orozco, a prisoner at the Montana State Prison, was accused of conspiring to …
Fifth Circuit Rules on Appeals to Denials of IFP Status by The court of appeals for the fifth circuit held that prisoners denied In Forma Pauperis (IFP) status in the district courts and whose lawsuit is dismissed as frivolous under 28 U.S.C. § 1915 can appeal that ruling. The court …
Frivolous State Litigation by Paul Wright By Paul Wright The court of appeals for the eighth circuit held that a prisoner's demotion from administrative to punitive segregation did not implicate any federal due process liberty interest. We would not normally report this case because it involves no new or novel …
Article • December 15, 1997 • from PLN December, 1997
Filed under: Medical, Tuberculosis
Man Jailed for Saying 'No' to TB Drugs by An Olympia, WA, man was jailed in mid-March 1997, for refusing to take his tuberculosis medicine. Kenneth Elkins, 44, was living homeless in Olympia after having been released from McNeil Island Corr. Ctr. in the summer of 1996. In November, 1996, …
Eleventh Circuit Approves and Applies the PLRA by James Quigley By James Quigley The court of appeals for the eleventh circuit held that the provisions of the Prison Litigation Reform Act (PLRA) apply to cases pending prior to its enactment; that the filing fee requirements of the Act do not …
Article • December 15, 1997 • from PLN December, 1997
Prisoner Awarded $30,001 in Beating Suit by A federal jury in Bangor, Maine, awarded damages to 25-year-old Billy Williams for being beaten by two guards while imprisoned in Maine's Supermax prison in 1994. A seven-member jury deliberated for two and a half hours before deciding to award $30,000 in punitive …
Article • December 15, 1997 • from PLN December, 1997
GAO Reports Available: Federal and State Prisons by Julia Lutsky Federal and State Prisons: "Inmate Populations, Costs and Projection Models," November 1996, GAO/GGD-97-15 Private and Public Prisons: "Studies Comparing Operational Costs and/or Quality of Service," August 1996, GAO/GGD-96-158 Reflecting both the relatively recent "get tough on crime" and the age-old …
Article • December 15, 1997 • from PLN December, 1997
Alabama AG Moves to Dissolve 17 Consent Decrees by Alabama Attorney General Bill Pryor and state Prison Commissioner Joe Hopper went into federal courts across the state July 2, 1997, moving (under provisions of the PLRA) to dissolve consent decrees governing conditions at three state prisons and 14 county jails. …
Article • December 15, 1997 • from PLN December, 1997
New York State Drug Sentencing Report by Julia Lutsky Angela Thompson, a 17-year-old with no prison record participated in a single sale of 2 oz and 33 grains of crack cocaine to an undercover officer for which she received a 15-year-to-life sentence. Cruel and Usual : "Disproportionate Sentences for New …
Americans with Disability Act Applies to Jails by In two separate rulings, federal district courts in Ohio and Michigan held that the Americans with Disabilities Act (ADA) 42 U.S.C. § 12131 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to county jails. Leonard Raufman was imprisoned in the …
Article • December 15, 1997 • from PLN December, 1997
Massachusetts Prisoner PAC Assailed by Governor, DOC by Dan Pens In mid-August, Acting Massachusetts Governor Paul Cellucci personally directed prison guards to conduct a shakedown of several state prisons. And what contraband were the guards instructed to root out? Weapons? Drugs? No, something much more sinister and threatening to public …
VI Decree Modification Denied Under PLRA, DOC Held in Contempt by A federal district court in the Virgin Islands made specific factual findings under the terms of the Prison Litigation Reform Act (PLRA) holding that prison and jail conditions on the island were unconstitutional and required federal court intervention to …
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