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Article • October 15, 1997 • from PLN October, 1997
Released Prisoners Must Pay Filing Fees by The court of appeals for the District of Columbia Circuit held that PLRA fee requirements apply to all federal civil actions and must be paid by prisoners later released from prison. Shortly before being released from prison Peter Smith, a federal prisoner, filed …
Court Allows Silencing of Environmental Whistle-Blower by Paul Wright If a business near your home was dumping raw sewage into rivers and improperly storing toxic materials that contaminated your drinking water supply, would you want to know about it? Would you be grateful if an employee reported this to the …
Article • October 15, 1997 • from PLN October, 1997
Filing Fee Assessed in Dismissed Appeal by The court of appeals for the fifth circuit held that under the PLRA prisoner litigants remain responsible for appellate filing fees in cases where the appeal is eventually dismissed for lack of jurisdiction. The court held that under 28 U.S.C. § 1915(b)(1) prisoners …
Article • October 15, 1997 • from PLN October, 1997
Filed under: PLRA, Filing Fees (PLRA)
Released Prisoner Must Pay Filing Fees by The court of appeals for the fifth circuit held that a person who files a notice of appeal while in prison is subject to the PLRA's filing fee requirements even if later released from prison. The court distinguished this case from Haynes v. …
Article • October 15, 1997 • from PLN October, 1997
Consent Decree Termination Provision Upheld by A federal district court in Indiana held that 18 U.S.C. § 3636(b)(2), which allows for the immediate termination of previously entered consent decrees, is constitutional. The court rejected arguments that § 3626(b)(2) violates prisoners' right to equal protection, impairs contracts and violates the separation …
Experiment in Access: Law Libraries Eliminated in Arizona Prisons by O'Neil Stough The August 1996, issue of PLN reported Lewis v. Casey, 116 S.Ct. 2174 (1996). The Lewis court, though not explicitly overturning Bounds v. Smith, 430 US 817, 97 S.Ct. 1491 (1977), redefined the meaning of "court access" as …
Same Sex Harassment of Prisoner Workers Okayed by The court of appeals for the ninth circuit held that male prisoners have no clearly established right to be free from sexual harassment by male work supervisors. Herman Blueford, a California state prisoner, filed suit claiming his eighth amendment rights were violated …
Article • October 15, 1997 • from PLN October, 1997
Clemency Letter Ban Questioned by The court of appeals for the seventh circuit held that an Illinois Department of Corrections (DOC) policy prohibiting employees from writing directly to the Prisoner Review Board (PRB) on behalf of prisoners seeking clemency may be unconstitutional. Larry Shimer filed a petition for clemency and …
Article • October 15, 1997 • from PLN October, 1997
Arizona Prisoner Entitled to Kosher Diet by The court of appeals for the ninth circuit held that a district court erred when it upheld the denial of Kosher meals to Jewish prisoners in Arizona. Kenneth Ashelman is one of 70 Jewish prisoners in the Arizona DOC. Prison officials in that …
PLRA Physical Harm Requirement Not Retroactive by A federal district court in Indiana held that 42 U.S.C. § 1997e(e), which precludes suits by prisoners seeking money damages in the absence of physical harm, does not apply retroactively to suits filed before the PLRA's enactment. The court also held a prisoner …
$5,000 Verdict for Snitch Jacketing Affirmed by The court of appeals for the tenth circuit affirmed a $5,000 judgment in favor of a jail prisoner who was assaulted after a guard told other prisoners he was a snitch. The court also affirmed an award of $93,649.61 in attorney fees and …
New York AA Program Violates Establishment Clause by The court of appeals of New York (the highest state court) held that the establishment clause of the U.S. constitution is violated when an atheist prisoner was deprived of family visits for refusing to participate in a religious oriented Alcohol and Substance …
Sexual Abuse by Guard Nets New York Jail Prisoner $750,000 by A federal district court in New York found sufficient evidence to support a finding that a guard sexually abused a county prisoner; that such acts violated due process; that the guard was not entitled to qualified immunity; that state …
Eleventh Circuit Reinstates Beating Verdict by The court of appeals for the eleventh circuit reversed a judgment as a matter of law entered against a Florida prisoner after a jury found in his favor. The court reinstated both the verdict and a damage award for the prisoner. The court also …
Article • October 15, 1997 • from PLN October, 1997
Rhode Island Probation Fee Ruling Reversed by In the September, 1996, issue of PLN we reported Taylor v. Rhode Island, 908 F. Supp. 92 (D RI 1995) where a district court struck down as violating the ex post facto clause and due process a state statute requiring probationers to pay …
Article • October 15, 1997 • from PLN October, 1997
U.S. Sues Prisons in Arizona and Michigan by In February 1997, the Justice Department filed separate lawsuits in U.S. District Court in Phoenix and Detroit alleging that state-run prisons in Michigan and Arizona fail to protect female prisoners from sexual assaults committed by prison guards and staff. At the Arizona …
Article • October 15, 1997 • from PLN October, 1997
Filed under: Sentencing, Habeas Corpus
Recent US Supreme Court Rulings of Interest: Habeas Corpus by The court held that the standard of review, articulated by enactment of the Anti Terrorism and Effective Death Penalty Act (AEDPA), for federal habeas corpus petitions does not apply retroactively to petitions filed on or before the AEDPA's enactment on …
Article • October 15, 1997 • from PLN October, 1997
Get More Georgia Prison Information by For those interested in learning more about the current wave of human and civil rights abuses in the Georgia DOC the Prison and Jail Project, a non profit grassroots group in Georgia, has published a 45 page booklet titled "Stop Human Rights Abuses in …
Article • October 15, 1997 • from PLN October, 1997
Recent US Supreme Court Rulings of Interest: Court Access by The court struck down a Mississippi law that conditioned appeals in parental rights cases to prepayment of record preparation fees, with no provisions for indigents. The case involved a mother who lost parental rights, forever, to her two minor children …
Article • October 15, 1997 • from PLN October, 1997
PLRA Fees Don't Apply to Habeas by The court of appeals for the tenth circuit joined every other circuit to consider the issue by holding that the PLRA's fee requirements do not apply to habeas corpus petitions. Thus, indigent prisoners can still seek a waiver of filing fees for habeas …
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