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Article • August 15, 1997 • from PLN August, 1997
Filed under: PLRA, Filing Fees (PLRA), Parole
Fourth Circuit Affirms PLRA IFP Provisions in Parole Suit by The court of appeals for the fourth circuit held that changes to 28 U.S.C. § 1915 by the Prison Litigation Reform Act (PLRA), which requires prisoners to pay full filing fees in all civil litigation, are constitutional. Gary Roller, a …
Article • August 15, 1997 • from PLN August, 1997
Washington Prison Legislation by The Washington state legislature ended its 1997 session by passing very few laws that directly impact Washington prisoners. Laws that were signed into law were: ISRB: House Bill 1646 extended the existence of the Indeterminate Sentence Review Board (ISRB, AKA the parole board) another ten years …
Article • August 15, 1997 • from PLN August, 1997
No Private Cause of Action Under BOP Statute by The court of appeals for the District of Columbia circuit held that 18 U.S.C. § 4042 does not create a private cause of action for constitutional violations against Bureau of Prisons (BOP) officials. Section 4042 sets forth the BOP's duty to …
Habeas and 1983 Remedy for Disciplinary Hearings Discussed by The court of appeals for the seventh circuit discussed the application of habeas corpus and section 1983 challenges to prison disciplinary hearings. This is an extremely convoluted and confusing ruling, which the court acknowledged at the outset by noting that the …
Article • August 15, 1997 • from PLN August, 1997
Michigan DOC Held in Contempt in Court Access Case by A federal district court in Michigan found the Michigan DOC to be in contempt of previous court orders and a consent decree governing court access and programming opportunities for women prisoners. The case began as a class action suit filed …
Article • August 15, 1997 • from PLN August, 1997
Filed under: Commentary/Reviews, Reviews
Publications Reviews by Paul Wright PLN is part of the prison press in the literal sense of the word. In addition to PLN there are many other newsletters and journals out there that carry news and information that complements what we do. In many cases their area of interest or …
Medical Malpractice Instruction Warranted in Eighth Amendment Suit by The court of appeals for the second circuit held that in some cases medical malpractice may constitute an eighth amendment violation and a failure to instruct a jury accordingly is reversible error. William Hathaway, a New York state prisoner, filed suit …
Article • August 15, 1997 • from PLN August, 1997
Florida Ban on Prisoner Legal Help Struck Down by A state district court of appeals held that Florida DOC rules were unconstitutional to the extent that they purport to prohibit prisoners in disciplinary confinement from filing federal petitions seeking habeas corpus, or civil rights complaints alleging violations of federally protected …
Article • August 15, 1997 • from PLN August, 1997
Kansas Ad Seg Hearing Required by The supreme court of Kansas held that a prisoner was entitled to a hearing to determine if three years in administrative segregation (ad seg) has become a prohibited punishment. Rodney Murphy, a Kansas state prisoner, was placed in ad seg in 1993 for investigation …
Article • August 15, 1997 • from PLN August, 1997
Filed under: News, News in Brief
News in Brief by AL: On June 11, 1997, former state governor Guy Hunt was pardoned by the state parole board of his 1993 convictions for looting his tax exempt 1987 inaugural fund of $200,000 which he used to buy cattle and pay personal expenses. Hunt had been sentenced to …
Article • August 15, 1997 • from PLN August, 1997
From the Editor by Paul Wright Lest anyone think that the only time we show our appreciation for PLN supporters is when they die, we are very pleased to announce that PLN columnist John Midgley was awarded the 1997 William O. Douglas Award by the Washington Association of Criminal Defense …
Brief • August 7, 1997
Humanists of Washington v. Lehman, WA, Complaint, DOC Mail Censorship, 1997 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA HUMANISTS OF WASHINGTON; THE NATIONAL …
Article • July 15, 1997 • from PLN July, 1997
Ruchell Cinque Magee: Sole Survivor Still by Mumia Abu-Jamal Slavery is being practiced by the system under the color of law ... Slavery 400 years ago, slavery today; it's the same thing, but with a new name. They're making millions and millions of dollars enslaving Blacks, poor whites, and others …
Article • July 15, 1997 • from PLN July, 1997
Prisoners Roasted Alive by A van carrying prisoners burst into flames alongside a Tennessee interstate highway, killing all six prisoners shackled inside a wire mesh cage in the back of the van. The prisoners were being transported in a van operated by Federal Extradition Agency, a private Memphis-based company that …
Plight of Undertrial Prisoners in India by Sankar Sen In India there are 85 central prisons, 252 district prisons, 14 women's prisons, and about 547 sub-jails. The exact number of prisoners in the country is not known. At the end of 1993, according to one estimate, there were about 200,000 …
Article • July 15, 1997 • from PLN July, 1997
In Defense of Mumia by Daniel Burton-Rose Review by Daniel Burton-Rose This work, edited by S.E. Anderson and Tony Medina, is a powerful compilation of graphic art, prose, and poetry inspired by political prisoner Mumia Abu-Jamal's struggle for freedom from PA's death row, the 1985 bombing of the radical MOVE …
Edwards v. Balisok: A Partial Victory for Prisoners by David C Fathi by David C. Fathi On May 19, 1997, the United States Supreme Court decided Edwards v. Balisok, 520 U.S. 117 S.Ct. 1584 (1997). Although the Court reversed a favorable decision by the U.S. Court of Appeals for the …
Article • July 15, 1997 • from PLN July, 1997
Prisoners of Colonialism: The Struggle for Justice in Puerto Rico by Daniel Burton-Rose Review by Daniel Burton-Rose This work by Ronald Fernandez provides a history of Puerto Rico's efforts to free itself from the imperial rule of the United States, from the time it was "won" from the Spanish in …
Article • July 15, 1997 • from PLN July, 1997
Prison Pay Policy May Violate Court Access by The court of appeals for the eighth circuit held that a prison pay policy requiring prisoners to buy hygiene items and litigation supplies may violate prisoners right of access to the courts. Three Iowa state prisoners in administrative segregation (ad seg) challenged …
Article • July 15, 1997 • from PLN July, 1997
Private Prison Disciplinary Action Subject to Colorado Court Review by The Colorado court of appeals held that state prison disciplinary codes apply to private prisons and are subject to judicial review. Patrick Murphy, a Colorado state prisoner, was placed in the Bent County Correctional Facility (BCCF), a privately owned and …
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