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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 …
Article • December 15, 1997 • from PLN December, 1997
New Jersey Jail Brutality Settlement by Seventeen former detainees of the Sussex County (NJ) Jail settled a lawsuit alleging a pattern and practice of guard brutality, inadequate medical and psychiatric care, and inadequate legal access. As part of the settlement, the county agreed to pay $372,000; install video surveillance cameras …
Qualified Immunity in Failure to Protect Claim by James Quigley By James Quigley The court of appeals for the fourth circuit, sitting en banc, held that there is no constitutional violation when unarmed prison guards fail to immediately intervene to protect a prisoner from assault by an armed prisoner; that …
Article • December 15, 1997 • from PLN December, 1997
Ohio Overtime Gravy by According to a report in the Columbus Dispatch, overtime pay for Ohio state employees is expected to reach an all-time high of $72 million in 1997. Among the 68 Ohio state agencies, employees of the state's burgeoning prison system account for $23.7 million, about a third …
Article • December 15, 1997 • from PLN December, 1997
Arizona Death Row Chain Gang Killing by PLN has previously reported how the death row chain gang in Arizona has resulted in numerous incidents of violence, including prisoners being wounded by shotgun blasts to quell fighting. On July 9, 1997, the violence took a bizarre and deadly turn. On that …
Article • December 15, 1997 • from PLN December, 1997
Supreme Court Rulings Trickle Down: Washington Civil Commitment by Washington Civil Commitment La.: In the November, 1995, issue of PLN we reported Young v. Weston, 898 F. Supp. 744 (WD WA 1995) where a district court in Washington struck down as unconstitutional that state's civil commitment law. The case was …
Uprisings in New York State Prisons by Julia Lutsky By Julia Lutsky Brutality by guards lay behind a major uprising at the Mohawk Correctional Facility in upstate New York in July 1997. Josea Benefield, a 22 year-old African-American prisoner in solitary confinement was reported to have hung himself with a …
CCA Unveils Aggressive New Marketing Ploy by The Corrections Corporation of America (CCA) plans to build a 2,000-bed prison in California's Mojave Desert -- on speculation. CCA President David L. Meyers said his private prison corporation has no guarantee the California Department of Corrections (CDC) will send prisoners the proposed …
Article • December 15, 1997 • from PLN December, 1997
U.S. and Russia Reaching Record Levels of Incarceration by A new 59-nation study by The Sentencing Project reveals that Russia and the United States have reached record levels of incarceration and are far ahead of other nations in their use of imprisonment. The study also found that a 92% increase …
Article • December 15, 1997 • from PLN December, 1997
The Poor Get Poorer - The Rich Get Prisons by Wall Street recently celebrated an initial public offering (IPO) and welcomed the addition of a spanking new growth-oriented corporation: CCA Prison Realty Trust. This Nashville-based corporation is a spin-off of the world's largest private prison corporation -- another Wall Street …
Knowledge of Risk May Establish 8th Amendment Liability by The court of appeals for the sixth circuit held that a prison investigator's report indicating a prisoner was at risk of attack was sufficient to establish eighth amendment liability on the part of supervisory prison officials, if they read it. The …
AA Still Violates the Establishment Clause by A federal district court in New York reaffirmed its earlier decision holding that a condition of probation requiring an atheist to attend Alcoholics Anonymous meetings violates the establishment clause of the First Amendment. A nominal damage award of $1 was reinstated. This case …
The Abuse of U.S. Women Prisoners by Julia Lutsky It is really like this dirty little secret that everyone in corrections knows about and doesn't want to talk about. It is a huge problem." The words are those of Brenda Smith, senior counsel of the National Women's Law Center quoted …
Jury Awards $201,501 to Raped Indiana Prisoner by John Emry By John Emry Graylon Bell was placed in the Plainfield Correctional Facility operated by the Indiana Department of Correction in January of 1994. Shortly after, another prisoner, Grady Vaxter, started hitting on Bell hinting Vaxter was interested in Bell and …
Arizona Holiday Package Decree Modified by In the June, 1997, issue of PLN we reported the lengthy, tortured history of efforts by the Arizona DOC to eliminate holiday packages [On the Edge of Midnight]. The ruling cited in that article, Hook v. State of Arizona, 98 F.3d 1177 (9th Cir. …
Article • December 15, 1997 • from PLN December, 1997
Peruvian Prisoners Rebel by Dan Axtell By Dan Axtell On June 20, 1997, over 5,000 prisoners in Lurigancho prison in Peru took over the prison during the course of a riot. According to Peruvian congressman Daniel Espichán Tumay, the riot was triggered by overcrowding, outcry over illegal transfers, and bad …
Article • December 15, 1997 • from PLN December, 1997
WA Officials Liable for Seizing Court Tape by In an unpublished ruling, the court of appeals for the ninth circuit held prison officials were not entitled to qualified immunity for intentionally withholding a prisoner's video taped court transcript. Robert Wrinkle a Washington state prisoner at the Clallam Bay Corrections Center, …
Article • December 15, 1997 • from PLN December, 1997
A Matter of Fact by The U.S. adult population increased 19 percent from 1980-95 (from 163.5 million to 194 million), while the U.S. adult prison population increased 237 percent during the same period (from 319,598 to 1,078,545). According to Bureau of Justice Statistics (BJS) figures, "drug offenders" constituted 26 percent …
Counselor Liable in Failure to Protect Claim by A federal district court in Illinois held a prison counselor could be found liable for denying a prison snitch protective custody when the informant was later attacked by his many enemies. Hubert Hill is an Illinois state prisoner who has informed on …
Article • December 15, 1997 • from PLN December, 1997
Filed under: News, News in Brief
News in Brief by AK: In October, 1997, Alaska state police announced they were searching for Virginia parolee Wil Adams, AKA Skip Adams Taylor, on felony gun charges. Adams served 16 years in Virginia prisons for murdering a young woman. Paroled in 1995 Adams moved to Barrow and was hired …
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