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PLRA Physical Injury Requirement Defined by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act's (PLRA) physical injury requirement for prisoners seeking money damages is the same as the standard used in determining eighth amendment claims. This ruling is significant because it is the …
No Immunity for Denial of Exercise by The court of appeals for the second circuit held that prison officials were not entitled to qualified immunity from money damages for denying a prisoner in medical segregation all opportunity for exercise. Bobby Williams is a New York state prisoner who refused to …
Article • August 15, 1997 • from PLN August, 1997
Disputed Facts Require Trial in Beating Case by The court of appeals for the seventh circuit held that a district court had improperly dismissed a pretrial detainees' excessive force claim. Reginold Dorsey was an Indiana pretrial detainee who filed suit claiming jail guards beat him without provocation during a cell …
Florida Paradox of Prisons, Politics and Profits by For the past three years the Florida state legislature has surfed the get-tough wave, enacting laws to clamp down on Florida's 65,000 state prisoners. They have enacted laws to remove weights and recreation equipment, eliminate funding for prison TV sets, and were …
Article • August 15, 1997 • from PLN August, 1997
PLRA Filing Fees Don't Apply to Habeas by The court of appeals for the Fourth and District of Columbia circuits held that the filing fee provisions of the PLRA do not apply to habeas corpus petitions filed by prisoners. These courts agreed with all other circuits, the second, third, fifth, …
Article • August 15, 1997 • from PLN August, 1997
Washington Prison Official Tagged for Fire by In the summer of 1996, a wildfire consumed 3,000 acres and destroyed eight homes in a sparsely developed area about five miles north of the Airway Heights Correctional Center. Now the state Department of Natural Resources (DNR) has presented Delbert and LaVaughn Nuner …
Article • August 15, 1997 • from PLN August, 1997
No P.C. for Informants by The court of appeals for the eighth circuit held prison officials were not liable when a prison informant was assaulted after being evicted from protective custody (PC). Missouri prisoner Ricky Davis is described by the court as "a prison informant." Davis was placed in PC …
AA Probation Requirement Violates Establishment Clause by The court of appeals for the second circuit affirmed a lower court ruling that a probation condition requiring an atheist probationer to attend Alcoholics Anonymous (AA) meetings violated the establishment clause of the first amendment. In the July, 1995, issue of PLN we …
Article • August 15, 1997 • from PLN August, 1997
Res Judicata No Bar to Damages in Illegal Sentence by In the May and July, 1995, issues of PLN we reported Rooding v. Peters, 876 F. Supp. 946 (ND IL 1994) in which a district court held that res judicata prevented a prisoner from filing suit in federal court for …
Article • August 15, 1997 • from PLN August, 1997
Un-Happy Meal Provider Pulls Out of Kansas Prisons by In the March '97 Reader Mail section we printed a letter from a Kansas prisoner asking for information about a North Carolina corporation, Canteen Correctional Services, which had a contract to serve (un-happy) meals to (very un-happy) Kansas prisoners. An alert …
Punitive Segregation May Violate Due Process by A federal district court in New York held that New York state prisoners have a due process liberty interest in remaining free from punitive segregation. In a very brief ruling the court denied prison officials' Fed.R.Civ.P. 12(c) motion for a judgment on the …
DC Circuit Creates New Immunity Rule: Supreme Court Grants Review by The court of appeals for the DC circuit, on rehearing en banc, overruled prior circuit precedent by holding that a civil rights plaintiff is no longer required to plead a government official's unconstitutional intent with specific discernible facts or …
Article • August 15, 1997 • from PLN August, 1997
California Prison Focus by Prison Focus is the quarterly publication of California Prison Focus, a nonprofit organization that works with and on behalf of prisoners in California's control units. Each issue contains reports on Pelican Bay State Prison, Corcoran State Prison, Valley State Prison for Women and other prisons. Other …
Article • August 15, 1997 • from PLN August, 1997
North Carolina Population Limit Modification Affirmed by The court of appeals for the fourth circuit affirmed modification of a consent decree that governed conditions in North Carolina state prisons. In the February, 1995, issue of PLN we reported Small v. Hunt, 858 F. Supp. 510 (ED NC 1994) which modified …
Article • August 15, 1997 • from PLN August, 1997
Notes from the Unrepenitentiary by Laura Whitehorn GERONIMO IS FREE! Geronimo ji Jaga (Pratt), his family, the Black community, New Afrikan Independence Movement, and thousands of activists, radicals, and revolutionaries have waited 27 years to say those joyful words. Women here at FCI Dublin (California) celebrated Geronimo's release and exclaimed …
Washington Cost Bill PI Vacated by In the February, 1996, issue of PLN we reported Richey v. Nerup, the unpublished ruling by federal judge Quakenbush in Spokane, WA who entered a Preliminary Injunction (PI) on September 14, 1995, enjoining the Washington DOC from seizing funds from prisoner litigants assessed cost …
Article • August 15, 1997 • from PLN August, 1997
Utah Supreme Court Vacates Damage Reduction in Prison Suit by The Utah supreme court held that prisoners can sue for money damages for violation of their state constitutional rights, a landmark ruling for Utah prisoners. Roger Bott, a Utah state prisoner, sought medical care when he began experiencing vision problems. …
Failure to Treat Broken Hand States Claim by A federal district court in Illinois held that prison doctors' failure to treat a broken hand for nine days stated an eighth amendment claim and an Illinois state law requiring that an affidavit be filed in medical malpractice cases did not apply …
Article • August 15, 1997 • from PLN August, 1997
Jail Medical Fees Upheld by Fifth Circuit by The court of appeals for the fifth circuit, in two consolidated cases, upheld the manner in which fees were collected from indigent prisoners who sought medical care. This case is more important for what it doesn't decide than for what it does. …
Article • August 15, 1997 • from PLN August, 1997
Fifth Circuit Applies Three Strikes Provision by The court of appeals for the fifth circuit held that 28 U.S.C. § 1915(g), which does not allow IFP status to prisoners who have had three or more suits dismissed as frivolous or for failing to state a claim, is constitutional. The court …
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