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Seventh Circuit Applies ADA to Prisoners by The court of appeals for the seventh circuit held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794, explicitly apply to state prisoners. Anyone litigating an ADA or RA claim will find …
A Day at the Human Zoo by Alice Lynd My husband and I toured the Northeast Ohio Correctional Center, a new "private prison" that is soon to open in Youngstown. Near the entrance there is a bulletin board with the words, "Yesterday's Closing Stock Price," a reminder that the Corrections …
California Guards Set Up Prisoners by Willie Wisely After a scandal in which guards boiled a mentally ill prisoner alive, California's most notorious prison is once more the target of an investigation into abuse and excessive force. Pelican Bay prison guards are accused of setting up prisoners convicted of sex …
ADA Suits Not Affected by PLRA Attorney Fee Caps by John Emry There is a great deal of talk and litigation about the Prison Litigation Reform Act which was part of the Omnibus Consolidated Rescissions and Appopriations Act of 1996 (PL 104-134, 110 Stat 1321 (1996)). One aspect of the …
Article • October 15, 1997 • from PLN October, 1997
Free to Wardens But Not Convicts? by In response to a recent issue [April '97] of Prison Legal News, [you] apparently told your readers that free copies of the Federal Judicial Center publication "Resource Guide for Managing Prisoner Civil Rights Litigation" were available at no charge by writing to our …
Article • October 15, 1997 • from PLN October, 1997
PLRA Fees Don't Apply to Released Prisoners by The court of appeals for the fifth circuit held that released prisoners who are indigent need not pay PLRA filing fees. Harry Haynes was a Texas state prisoner released on parole shortly after suing prison officials. Haynes had sought leave to file …
Magistrates Lack Jurisdiction to Impose Contempt Sanctions by The court of appeals for the ninth circuit held that magistrates lack jurisdiction to impose criminal contempt orders, even when the parties have consented to proceed before a magistrate. James Bingman, a Montana state prisoner, filed suit after not receiving adequate dental …
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 …
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